used His Son’s Name To Obtain Credit

Sun (Auckland), Volume II, Issue 537, 14 December 1928, Page 1

used His Son’s Name To Obtain Credit

FATHER’S FRAUD “SCOUNDREL.” SAYS JUDGE “It does appear that this young fellow has suffered rather grievously as a result of the scoundrelly actions of his father. It is therefore the duty of the Court to annul his bankruptcy. I make an order accordingly.” This was the remark of Mr. Justice Frazer in the Supreme Court this morning prompted by an amazing: story of how an undischarged bankrupt builder had used his son’s name for ihe purpose of obtaining credit and so getting; round the law. To protect himself from a growing burden of his father’s debt the young man, Vernon Lyell Aley, had filed his petition in bankruptcy. “The whole position was forced upon Aley as the result of the criminal actions of his said Mr. C. H. X. Wills, who brought the case to court. “My client, who was then only 21, was working for the C. and A. Odlin Timber Company on wages. Unable to incur credit, the father suggested his son should obtain certain timber in his own name. This the young man agreed to for the one occasion only. However, without Vernon’s knowledge, the father continued to order timber and went as far as impersonating his son right through.” In order 1o keep the deception from their son, the parents intercepted all his correspondence relating to timber transactions, counsel continued. The first inkling the son gained of the fraud was when a .judgment summons was taken out against him. Judgment was later secured by default, and a distress warrant followed. A nulla bona was then returned. Vernon tackled his father, and, following a dispute, left home. Summonses came in fast and amounted to some hundreds of pounds, said Mr. Wills. On counsel’s advice young Aley filed. His personal debts amounted to less than £3O. Called to meet his creditors, the young bankrupt was closely examined, the truth ascertained, and sympathy expressed with Aley. Unanimous that the bankruptcy be annulled all credi+.ors had withdrawn their claims. “When it was learned that debts totalling several hundred pounds had been set against Aley’s name, his rein,* tives and friends, not knowing the truth, had practically sent him to Coventry.” declared Mr. Wills. “I wish to say that the young man has been trying to meet his father’s debts out of his wages. Tie has been playing tl:.o game fell through.” The official assignee. Mi-. C. X. Morris, said that although he had not been acquainted of the full facts he was satisfied the bankruptcy should be annulled. The father’s case had since been placed in the hands of the Crown solicitor.