JUDGMENT DEBTOR

Nelson Evening Mail, Volume LXIII, 25 July 1929, Page 9

JUDGMENT DEBTOR

AUCKLAND CAST. ARISING out ok isrhaui OK I'ROMISK (By Telegraph-Special to "Tho Mail") AUCKLAND, 21 tii Juiy. -All right. y»» t:,n k°-, . ' d ""': Uiink nnuii of you." Willi this pointed remark Mr Justice Ostler in . the Supreme Court this morning dismissed Thomas Whitncal Churches ol lamaki, who had been brought to the Court (IU a judgment summons by Mr 1.. A. Singer, arising out oi a breach m promise ease in which Ihe pamldt, a young woman, was awarded £250 dam- ■ t ,r V K 'l'lii! cum! was heard on 2urd August, 1928, by Mr Justice Km,l wl.cn ll„. plaintiff, Miss I'earl May, ol One 1,;,,,,!;,, claimed £IOOO damages lor breach oi promise to marry Mr Conlan, who appeared for the i «.- rendaut, stated that Churches was the sun of a verv old resident ol iuimiki who had amassed a fair amount vl wealth. He said that ( hurc hes was quite an irresponsible type ol youth. Hi. had certainly become engaged to U,c plaintiff, but Ins atlecUous had cooled oil. , .. „. Under cross-examination by Air Singer this morning Churches said that at present he was working on his fathers farm as an ordinary hand earning £2 per week. He had been doing tint work for a vear or more. He admitted that not long after the case Ins wages |,ad been reduced to hiMr Singer: "What did yon do with the motor car you had': ■•Sold it for £25.' •What did you do with the muni} . ■•Cave it to my lawyer. 'Tin sorry to hear that. Von wen! to Svdncy eighteen months ago. How much did vou spend there.' •■I did not spend lnl "'"- ADMISSIONS Witness later admitted that lie had spent £l5O. He also said he hail been paid £2OO for a herd ol cows Continuing to question the deiendant Mr Singer said: "Vou have another girl?" f '•That's the girl you hail about here this morning?" "Oh, yes." "How long have you been going about with her"'" "About twelve months. "How much have you spent on her in that lime.'"

"Nothing." "Why did you not attempt, to pay the other girl, the amount the Court ordered for the five years of her life you took'/" "I haven't had the money. "Well, what offer can you maker "1 wouldn't mind paying 10s a week. '■You have been aide to pay that during the last twelve months?" "1 suppose s<*." Mr Conlan then staled that Churches had filed in bankruptcy. Mr Singer: "It looks as though your client has thrown away £(,. ' "By the way. Churches, where did you get the money from'; "I borrowed it from Mr Conlan." After further legal argument His Honour said : "I make an order for £1 ji week to be paid off this debt, in default three months' imprisonment. Vou have obviously been trying lo gel under the Bankruptcy Act and I am not going to let you." Mr Conlan immediately raised,a legal point quoting the Bankruptcy Act. He pointed out to His Honour that subsection 56 reads: "Where a judgment debtor on the return of a judgment summons, under the. Imprisonment for Debts Limitations Act, 1903. proves he has been adjudicated bankrupt and that the debt is provable in bankruptcy no order of committal shall be made." His Honour (to Mr Singer): "You have your remedy under the bankruptcy. Churches should not get his discharge until ho has paid." His Honour (turning to Churches) said : "You can go. I don't, think much of you."