SUPREME COURT.

Otago Witness, Issue 2815, 26 February 1908, Page 53

SUPREME COURT.

i IN BANKRUPTCY. Friday, February 21. (Before His Honor Mr Justice Williams.) - - ORDERS OF DISCHARGE. Eo Aithtu- Clement Islip, late of Rough Ridjjc. — Mr W. L. Moore appeared for the bankiupt. — The Official Assignee (Mt C. C. i Graham) said this was a most unsatisfactory case, but he could urge nothing in opposition- — Mr Mocre said that the unsatisfactory position was due to the creditors. — Ord«r of discharge granted^ l?e Johii Robertson, of Clyde, hotelkeeper. — Mr W. H. Bundle, who supported the application, said the bankrupt had been subjected to a public examination, and had served a month's imprisonment for failing to keep proper broks of account. — Order of discharge granted. So James Wilson, of Dunedin, labourer. — Mr W- L. Moore, for the bankrupt. — Mr J. Woodhouee. on behalf of two creditors (Messrs Tucker anbV Co. ~ and Messrs W. Gregg 1 and Co.). oppesed the application. — Mr .Moore said 1 it wap rot % cafe in which, he could ask for an immediate discharge. But if the creditors "had suffered he would make clear to them bankrupt's present, position, and show that I it was hopeless to expect anything from him in the way of reducing his liabilities. BankI rupt had to support a small family of eight children. Counsel thought it was a case for suspending/ the discharge and not rei fusing it. — James Wilson gave evidence — " Mr Woodhouse said the creditors in the face of obvious bad management displayed by bankrupt in his affairs, and the absence of a satisfactory explanation regarding his busi- . ness operations during the short time m which the ' liabilities wefe incurred, could not i consent to an immediate discharge. — His Honor said, looking at the position of the bankrupt, it was hopeless to suggest that i there was a possibility' of his making an offer within any reasonable time. He had his wife and family to support, and., although he owned property, this was shown to be But there 'had been considerable liability incurred within a -short space of timo, and in consideration of the absence of a satisfactory explanation concerning certain aspects of the business, he did not think the case one for immediate discharge. The order of discharge would be suspended for 12 months. Re Angus Shaw,. of Clydevale, ploughman. — Mr W. D. Stewart supported the application, which was granted. Re W. J. Imrie, late of Outram, blacksmith. — Mr A. 5.% Adams, for the Official Assignee, said the bankrupt had disappeared on the day his estate wag 'adjudicated insolvent,- an 4 although he had been sought for lie had not since been heard of. - It would, be satisfactory for the court to learn that I the several matters formerly in dispute in connection with the ' estate .had all been satisfactorily settled between himself and Mr W. D. Stewart, who represented the trustees in the estate of John Edmond. The latter had held a mortgage and instrument by way of security over the negotiable property left behind as-- assets by- the absconding bankrupt, which had been sold for a sum of 4425. An amicable basis of settlement, by which all imputations of .fraud and. improper conduct had been -withdrawn, had been arrived at, and he had to move, therefore, that the court formally approve- of the proposed disposal of the estate. — His Honor granted the application as prayed.