A BANKRUPT'S LIABILITY.

Ashburton Guardian, Volume VII, Issue 1862, 8 June 1888, Page 2

A BANKRUPT'S LIABILITY.

• — ■ f At the R.M. Ooart yesterday, W. Oox sued G Fraemm for the value of poods supplied to tha lsttor prior to and after hia bankruptcy. Mr Qathber*son Appeared for the plain 1 1$, and Mr Parnell for the defendant. The partioa reside at Fakah, where plaintiff In a storekeeper, and the faots of the oaae as disoloSed by the evidence are of rather a peoallar nature. It appears that (a 1885, Freeman bec»m> Insolvent because of tho bankruptcy, aomo time prior to hia own filing, of a firm which wag Indebted to him to a considerable extent. Plaintiff allegea that Froemsn before he filod, told him that it was j likely he would havo to suQoamb to ths pressure of hia creditor, and asked him (Oox) to continue hia credit, stating ho j 'would, when able, pay all that ho owei. In consideration of this promise and subsequent ones, plaintiff continued to supply defendant with goods, . After getting hio discharge Freeman cent plaintiff the sum of £5 which was applied towards paying off the par ion of lha debt incurred prigp to the bankruptcy. The plaintiff alleged that defendant had bad plenty of work arid might easily p*y off the debt, and o judgment was asked for. £t was argued for plaintiff that defendant had expressly promised to p*y hia old ; liability, and ifc was BJjon the strength of that pr.mUe that he got iurliiee credit j and therefore he could ' not avail him Half of the protection of his order of discharge. For the defendant it was ; pleaded that he desired and intended' to i pay his creditors m fall, bij't that he wai j not yet m a position to do so. He i admitted haying told Oox, together with other creditors, jshat he woald p^y them, but he denied thVt ijt wag with ]he intension qt securing further oredit that he had 4°QQ this. |t yvaa oontended that defended J>a4 don§ nothfDg to debar fciraself from the protection of the Bankruptcy Aot. Ha wished to pay his debts when he was under no obligation to do go, au4 if because of this he was renSated liable to l>e pqunged (Jo, urn upon, it would effectually pr#v^n^ ai)y pther bankrupt following the honorable oourae Freeman was endeavoriog to adopt. It w*fl farther ftpgued that the £5 paid by the defendant "mUßt by law fee grat applied to defraying the debts Incarred oabaeqaeqt fco the bankruptcy, and the balance left oould then be uaed for paying off a portion of the ols account, The Magistrate repervod h(ji dioiilguy -^