BANKRUPTCY COURT

Evening Star, Issue 19789, 13 February 1928, Page 5

BANKRUPTCY COURT

ADJUDICATIONS AND DISCHARGES A sitting in bankruptcy was held in the Supremo Court this morning before His Honor Mr Justice Sim. An application was made to have George Strong, farmer, of Clarksville, adjudicated a bankrupt. The petitioning creditor was Messrs Wright, Stephenson, and Co., Ltd., for whom Mr E. S. Brent appeared. Mr H. Brasch appeared for another creditor (Otago Fanners’ Co-operative Association), who opposed tho application. '

Air Brasch said he understood Hint no one except the debtor had any legal standing to oppose the petition. As his client, however, would have to move to annul tho petition if it were granted, he suggested that his reasons should bo heard why tho petition should not be granted. His Honor said ho had no objection to hearing Mr Brasch in that way. Air Brasch contended that there was no evidence as to a bankruptcy because tho affidavit of Air Robertson, accountant to Alossrs Wright, Stephenson, was incorrect. Air Robertson was not able to swear to bis own knowledge. The letter sent by the bailiff was not a return of the execution; the actual return of the execution was not made till after the affidavit had been sworn.

Mr Brent agreed that the actual return had been made after the petition and affidavit were filed. His Honor said he was quite prepared to accept the affidavit of Air Robertson ns proof of the statements in tile petition, and of sufficient evidence in accordance with tho section of the Act. Even if they went beyond the affidavit, it appeared that there was an act of bankruptcy before the petition was filed, and the petitioner could roly upon any act of bankruptcy committed before that time. He held that the petitioning creditor was entitled to an order for adjudication. An order would be made. AI) JOUR N AIENT GR A NTED.

A petition was filed seeking the adjudication of A. Clarke, married woman, Milton, as a bankrupt. For the petitioning creditor (Dreavers, Ltd.) Mr W. L. Moore appeared. ~ m On behalf of the debtor Mr T. O’Shea asked for an adjournment for a fortnight. He said there was a possibility of an arrangement being made before that date to settle the judgment.

His Honor granted an adjournment for a fortnight. DISCHARGES GRANTED.

Frederick Montgomery Hogg, farmer, of Evans Flat, applied for his discharge from bankruptcy. Mr Stewart Fletcher appeared iu support of the application, and said that the debtor, who was now working as a laborcy for the Tnapeka County Council, was aged forty-three, and was a married man with two children. Ho could not pay anything to his creditors. —His Honor made an order for immediate discharge. Norman Augustus Throp, farmer, of Tnapeka West, applied for discharge from bankruptcy, Mr Stewart Fletcher appearing in support of the application. In reply to His Honor Air Fletcher said that the debtor had paid a dividend of 8s in the £. Ho was a married man, and was now working ns a threshing mill hand. He could not pay any more.—His Honor granted an order for immediate discharge. RELEASES GRANTED.

On the application of the Official Assignee (Mr W. D. Wallace) His Honor granted releases from bankruptcy in the following cases:— Riach and M'Lennan, Ltd., of Dunedin, merchants; Michael Bernston, of Dunedin, tailor; Lennox M'Millan Barr, of Alexandra, hotelkeeper; Frank George Kippenhergcr, of Lauder, mine owner; James Martin Gray and James Carruthers (trading as Gray and Carruthers), of Tawnnui, saw-millers; Lewis Lear Taylor-Cannon, of Omakau, storekeeper.