DISTRICT COURT.

Nelson Evening Mail, Volume XV, Issue 22, 26 January 1880, Page 2

DISTRICT COURT.

[Before His Honor Judge Broad.] In BANiCßcrtci-. Re J. H. Denton, a debtor. Mr Bunny applied for an order of discharge which was granted. Re J. S. Jones, a debtor. Mr Pitt moved for the discharge of the bankrupt. Mr Bunny opposed on behalf of Messrs Nathan aud Co, of Wellington. The bankrupt, under examination by Mr Bunny, stated : — I started business in December, 1877. I had a capital of £85. I took stock at the end of 1873, and found I had lost about £50. I filed my schedule on the sth December last. I had once previously had a small transaction, less than £\, with Nathan and Co. About five weeks before, filing, I bought £80 worth of goods from them. Their representative worried me into buying. I thoughtif I got the goods I might tide over my difficulties. I told him I waa not in a position to pay cash for the 'goods, and did not care to buy them, as business was so very quiet. Messrs Moller and Co., of Wellington were pressing' me at the time. I kept no cash book. I took money out of the till for paying any little ordinary accounts, but paid all the rest by cheque. I paid £10 to the Bank towards my overdraft just before I failed. I borrowed £20 from Mr Burrows, which was put into the business. I have no book to show this. I brought some money over from a man at Takaka to place to his account, but did not do so, but returned it to him afterwards. I borrowed money from Mr Henry Budden, which went into the business. It was paid into the banking account. I borrowed money from different persons at different times. When I purchased the goods from Nathan and Co., I knew that I waa not very flush of cash, but I was very much pressed by him to buy, and I really hoped and thought that by energy and perseverance I could pull through with the help of these goods, but it was the pressure put upon me immediately afterwards that caused me to file. I think it would have been wise for me to take stock every three months, seeing how things were. Cross-examined by Mr Pitt : — I showed the trustee that I had paid large sums during the. year. It was owing to not being able to obtain a renewal of certain bills that I got into difficulty. If I could have renewed them I have every reasou to believe I should have been all right. Re-examined : I did not know before the 4th December that the bills payable on that date would not' be renewed- I knew that these bills were due when I purchased from Nathan & Co., and that if I could not renow them I should have to become bankrupt. Mr'Wymond,-trußt«©-in-tha -estate,- said that the bankrupt had given up all his books, rendered every assistance iv explaining the state of his affairs and bad geterally acted in a straightforward manner. Mr Bunny addressed the Court, urging that there was sufficient ground for refusing the bankrupt's discharge. He said that the creditors at their meeting passed a resolution to the effect that they declined to take any action in the matter of the debtor's discharge, but left it with the Court to deal with. Messrs Nathan and Co. opposed, because they thought an example ought to be made of traders who knew they were on the verge of bankruptcy, and yet purchased goods on credit. Mr Pitt thought there was no reason whatever why the discharge should not be granted. As for making an example of small traders who purchased when in an unsound state, he thought that those who, like Nathan and Co's traveller, persuaded unwilling dealers to purchase, and so were the means of landing them in commercial disaster, were more blameable than the purchasers. His Honor said that this was one of a class of cases that were by no msans'unfrequent, in which traders commenced with inadequate capital. It appeared that at the end of the first year the bankrupt had found himself a loser, and that ho had during the year been living on his already too small capital. There was nothing to satisfy the Court that there was any good reason for supposing that the business would improve, in fact, be seemed to be gradually getting into a worse position, and having expended all his own capital was trading at the expense of the creditors. As to the purchase of goods from Nathan and Co. the blandishments of commercial travellers might certainly be very great but that did not justify a man in the* bankrupt's condition in incurring a large liability. The creditors had not thought fit to oppose the discharge, and he should take this into consideration, but in order to mark his sense of the bankrupt's recklessnes in trading, and of his reglect to keep a cash book, he should suspend his discharge for three months. Be J. C. Heale. On the application of Mr Bunny, the order of discharge was granted. Civil Jurisdiction. Colonial Bank y. Armstrong. Action to recover £47 2s Id, amount of overdraft. There was no defence. Judgment for amount claimed, and costs £4 lls Mr Percy Adams appeared for the plaintiff. Fogden v. M'Alpine. Action to recover £25 lor breach of warranty. An exchange of horses had' taken place between the parties, the one to be received by Fogden, being guaranteed as rising seven years, but it proved to be more than seven. There was no defence. Mr Percy Adams appeared for the plaintiff, for whom judgment was given for the amount claimed, aud costs £5 ss. Edwards and another v. Rutherford. Action to recover £27 17 6d for certain costs incurred and work done in connection with an impending bargain between the parties relative to the Wantwood run in the Wairau Valley. There was no defence. Mr Acton Adams appeared for tbeplaintiffs, for whom judgment was given for the amount claimed, and costs £9 Is 6d. JSntwhistle v, Farrtlle. On this ease being called, Mr Pitt, for the plaintiff, said that he was glad .to be able to say thac the counsel for the parties had agreed to terms of settlement, and he therefore asked that the case be struck out. Mr Acton Adams said that he was desirous of making one statement. It had been rumored outside that there was, a certificate of the marriage between the plaintiff and defendant Hfn Honpr i it floes n$ appear so l>v the

particulars in which the plaintiff sues a3 Mary Entwhistle a -widow. Mr Adams : It certainly is not the fact, and it was subject to being permitted to make this statement that I agreed to the settlement of the question. Mr Pitt : I am uot aware of the existence of auy such certificate. The plaintiff brought her action as a widow. His Honor in discharging.the jury said he was sorry they bad been put to the inconvenience of attending the Court, as it had turned out that there was nothing for them to do, but at the same time he must express bis pleasure that the case they had been sum tnoned to try had been settled in the best way in which a settlement could have been arrived at, namely, by the parties themselves. This terminated the sitting of the Court.