SUPREME COURT

Hokitika Guardian, 21 June 1928, Page 3

SUPREME COURT

SITTING AT HOKITIKA. THURSDAY, JUNE 21st, 1928. (Before His Honor, Mr Justice Adams.) His Honor took his seat at 10 a.in. There was no criminal business sot down for bearing. IN BANKRUPTCY. • Mary Jane Bergstrom, creditors’ petition for bankruptcy.—No appearance. Struck out. Francis J. De Lore, puition for discharge in bankruptcy. Mr Murdoch for applicant. Discharge granted. William Morris, motion for discharge in bankruptcy. Mr Murdoch for applicant stated that the previous objections made to the discharge bad been withdrawn. Discharge granted. APPLICATION ADJOURNED. Thomas A. Howard, motion for discharge in bankruptcy. Mr Joyce for applicant, Mr Murdoch for S. Holley, an objecting creditor. His Honor said the case had been before him at a previous sitting. ’I ho applicant would have to show strong grounds before the application could be granted. Bankrupt handed in a statement of bis earnings since last sitting.

Mr Joyce said the applicant had no offer to make. He handed in a medical certificate in regard to the wife of bankrupt.

' Mr Murdoch said lie could not withdraw his application. It was a flagrant case. He was convinced the bankrupt had simply used the Court tor the purpose of an attempt to evade the claim of the crcdtior, which was the result of a very serious assault by the bankrupt. It would-be setting up a very bad precedent if the application were, granted. On behalf of the creditor, as strenuously as possible he opposed the granting of a discharge. Mr Joyce said he had nothing to say. He would leave the matter in the hands oh the Court. His Honor said it would be establishing a very dangerous precedent in a case like the present one if the Court made an order as requested. It appeared that the bankrupt had filed simply to evade the righting of a grievous wrong of which he had been found to be guilty, without any attempt having been made to come to any' arrangement as previously directed. Under the circumstances he could not see his way to grant the application. The application would stand over till the March sitting next year. Application adjourned accordingly. ORIGINATING SUMMONS. M. A. Cropp v. Young and others, for an originating summons. Mr Murdoch for applicants, Air Elcock for trustees, Mr Joyce for Albert R. Cropp and William T. Cropp. An application by'the widow of Richard Cropp for an originating summons to vary the will of the deceased, whose estate, valued at about £2500, was left £2OO to daughter, a farm, valued at £6OO tCharles fa son in England., and t ie residue t<> be divided between the daughter and three sons. Counsel addressed the Court at length and evidence was given by the apphea.it and William .Cropp (a son of deceased) His Honor intimated that an oide’ would he made hut ho would give his decision later. , This concluded the business of the sitting. , :