SUPREME COURT.
SITTINGS IN BANKRUPTCY. Wednesday, June 21. (Before His Honor Mr Justice Johnston). Final discharges were granted in the following cases: —Henry Potts, W. J. Tingey, and Robert Aitken. In the cases of John Glover, John Carroll, Edward Hoskins, and Farrell O’Reilly, Mr Pharazyn appeared for the insolvents, and applied to have the cases held over. The applications were granted. IN EE MOELLER BROTHERS. Mr Pharazyn applied for an order for a distribution of assets in this case. The application was made at the instance of the Melbourne creditors in the case and was granted by the Court. IN RE DENNIS WRIGHT. An application was made by Mr Cheeseinan for the bankrupt’s final discharge. The bankrupt stated that he was a half-pay army offiaer in receipt of 7s a day, He estimated his income at from £2OO to £250, which was contributed to by irregular remittances from his aunt. In answer to his Honor, the bankrupt said he had not adopted the principles of the Maine Liquor Law, nor did he eschew the pleasures of the calumet, and that therefore certain items in his statement of accounts embraced expenditure paid out on the score of smoke and drink, which went to form about half of his liabilities, the other half having been absorbed in billiards and jewellery. Mr Cheeseman, in reply to interrogations by his Honor, stated that he was not provided with the necessary papers in the case for presentation to the court. Mr Rainie explained that the bankrupt’s landlady had laid an embargo on the bankrupt’s papers to secure a debt of £39 due by him for board, &c. His Honor told Mr Cheeseman he had acted m a very reprehensible manner in neglecting to take the course prescribed by the rules. The accounts presented were nothing but a sham, and the steps taken in the case were so irregular that in all probability Mr Cheeseman would hear of it again. The principles and benefits of the act were not intended to apply to a man who enjoyed an income free from fluctuation or possibly unfortunate business transactions. If the bankrupt had got into difficulties through unforseen circumstances connected with honest trading that would be a different matter entirely. Mr Cheeseman applied to His Honor to allow the case to stand over, for the purpose of coming to an arrangement with the creditors. His Honor declined to permit the adoption of such a course, because it might simply be opening the door to allow a fraudulent debtor to escape from the jurisdiction of the Court. The case was ordered to stand over for the filing of fresh accounts. The Court then adjourned.
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New Zealand Mail, Issue 22, 24 June 1871, Page 8
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445SUPREME COURT. New Zealand Mail, Issue 22, 24 June 1871, Page 8
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