THIS DAY.
IN BANKRUPTCY.
Re Geokge Lankham,
Bankrupt was described as having been a dairyman at the Thames, and afterwards a schoolmaster. On the 19th of November, 1874, the liabilities were set down &n £70, and the assets as £40. There was no opposition, and the bankrupt, who was represented by Mr. W. H. Kissling, passed his last examination, and received his discharge. Be R. J Davidson. Mr. W. H. Kissling appeared for the bankrupt, who was described in the trustees' report as a hotelkeeper of Ngaruawahia. In May last bis liabilities were £654 ss. 6d., and his assets £584. These latter, however, consisted of trade debts, valued at only £100 There was consequently a deficiency of £554 ss. 6d. The bankrupt made oath that the accounts presented by him to the trustee were correct, and there being no opposition was discharged. Re James Lamb. This case, in which the bankrupt was coal and firewood merchant in Queen-street, whose failure was brought .about by his boiler blowing up, had been adjourned from the last sitting to enable the bankrupt to explain certain matters to the trustee, Mr W. Kirby. Mr "MacCormick now on behalf of the trustee said that gentlemen now withdrew all opposition to the bankrupt's discharge. Mr Hughes for the bankrupt examined his client to show that he had given all information in his power to the trustee. Mr Kirby not being in court, Mr Dickson, one of the supervision informed the court that this was the fact. His Honor administered a reproof to the bankrupt for the slovenly manner in which his books had been kept: at the same time as the trustee appeared to be satisfied that the accounts were so far as supplied correct and honest he should declare his last examination passed. On the application of Mr Hughes, the bankrupt then received his discharge. Re J. W. Wallek. . Mr J. B. Russell for the bankrupt, applied for an order of complete execution of a deed of arrangement. He was in a position to state that all opposition to the application had been withdrawn. The Court b " ving been satisfied that the requirements of the Act had been complied with, granted the order. Re Nathan Lewis Josephs;
This case has been adjourned from time to time.for the last six months. The bankrupt is a store-keeper at Hamilton, and ascribed his insolvency to the failure of J. C. Morrin, with whom he was mixed up with accommodation bills. Mr Bees was for the bankrupt and'Mr Meyer for the opposing creditor. The trustee's report shewed that considerable irregularity b^d occurred all through the case. h< thu first place the
declaration of insolvency had been irregular n point of time. (Mr Rees shewed that this was the fault of bankrupt's solicitor in the Waikato). When a vesting order was obtained to throw the estate into the hands of the trustee, the assistance of the police had to be obtained before the store was taken possession of. The accounts of stock were made by guesswork, the bankrupt having only kept a, . very imperfect system of accounts. His statement furnished to the trusteewere merely a transcript of his bankbook. By these it appeared that in November, 1876, his asssets were £927 16a 7d, and liabilities, £892 7s lid; surplus, £35 8s Bd. Receipts to 28th December, 1874 £5082 9a 9d ; expenditure, £5050 ss. During the same time the bankrupt experienced losses on bills dishonoured to the extent of £282. Seventeen creditors had proved. Mr Myers said he would not waste the. time of the Court in examining the bankrupt upon a statement of accounts which he submitted did not even purport to be in accordance with the order of the Court.
Mr Rees argued for a length of time that the Act did'not intend to prevent a bankrupt who had not kept proper books from receiving his discharge.
His Honor, however, maintained that the requirements of the Act were clearly that the accounts should be furnished upon better foundations than those of the bankrupt, which did not even in spirit show his dealings, and he should not allow him to pass his examination till fuller accounts bad been furnished.
Ultimately his Honor adjourned the case till the end of next month.
He Bray Brothers
The bankrupts in this case are Messrs. Joseph Thomas Bray, and Chas. Bray, contraetots at Nelson.
A rule nisi for adjudication in bankruptcy was obtained by the creditors on the 10th of May.
The rule had been enlarged from time to time up to the present sittiDg. Mr, Bennett now appeared to show cause against the rule being made absolute. Mr Hcsketh appeared in support of the rule, representing the interests of a petitioning creditor, one Harley, a brewer, who had proved for a sum of £204.
The cane, which has no interest except for Nelson readers, was not fiuished when our reporter left.
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Auckland Star, Volume VI, Issue 1669, 24 June 1875, Page 3
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818THIS DAY. Auckland Star, Volume VI, Issue 1669, 24 June 1875, Page 3
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