DISTRICT COURT.

Taranaki Daily News, Volume XXXXV, Issue 187, 21 August 1903, Page 4

DISTRICT COURT.

Thtjrsbat, "Ot.h August.— Hef-wo His rlocoi' D!s'.iiet Judge Ke^lo, IN BVNKRUPTC I. wnnrjßr.D's estate. XT:? "■' i V'T .-,.•/•■> hV iV '.''lion i-' this I ■;i!..(. , 'iL'..';'. i'-.-r dircbr v - s j-■• from bank- :<.\'\\\ /T; Hoii- v -'Mv that, he hud , Ca-I i"bt ugh to public ex mii.-iiioa of . 'jiitkru;'", v.;- icii w.tstak'o some time ■ »f;o, and rev/as of opinion tbat thoi , t'rti-e was one in which an immediate order of discharge should not b« granted. It would appear that the bankrupt before he CRme to New Zaalitd had a somewhat chequered career commercially, and since his arrival in New Zealand his commercial transaction! were such that could not be countenanced by the Binktuptcy Court. It would appear that bankrupt came to New Zealand in October or November, 1900, from Adelaide, where he had yitst mado a compromise with his cifl'lior J , lie evidently hid £SOO eapicul when he cama to New Zeuiat-d, cut for tcmo time it was not apparent what he was doing in N6W ■ Zealand-probably he was living on the £ 500. Towards the end of 1901 bankrupt started a business in Inglewood with a branch at Waitara, and he J stated he then had a capital of £350. Subsequently h<s started a big bueiness J lin New Plymouth, and with such a ' l.mited capital it was no wonder he c soon came to grief, Eventually the J bankrupt filed, and his assets wersput » down at £3600, which on realisation, ' amounted to some £1315, The bank- * rupt never ktpt proper bosks of account. Bankrupt admitted that he l could and had kept books in previou9 l businesses, and had kept a complete l set before ; but in his business here he neglected to do so, and such failure !j created a suspicion in his mind that J the business here was not carried on e honestly. In the absence of proper I books the bankrupt's transactions could l not bo traced, and- it could not be e shown how he disposed of the monies l be recdved. Just before bankrupt ' filed he was hopelessly bankrupt but * instead of calling a meeting cf ' his creditors he formed his business I into a joint stock company in the hope doubtless that he would find people foolish enough to put their money into it. From the beginning it was apparent that the company must end in failure. However, bankrupt got the company registered, but in order to do so he had to prefer soms creditors," and used money to liquidate their claims * which belonged to the creditors in general. The company enclad in Whit- j field going bankrupt. Having legard £ to the whole circumstances of tV,e case, < he would suspend Whitfield's certificate J of discharge for two yens. j Mr Hutchen : When will it take , effect, ycur Honor ? His Hoacr : From to-day. ' ALBERT ELGAB'S ESTATE. Mr Thomson, of Inglewcod, applied \ t'or nn order of discharge, in respect cf '. Albert Elgar, tinsmith, of Qpunake, j but now of Inglewood. i Mr Medley, the D.0.A., said there ' was no opposition ; the estate had paid ; a dividend of 18 a 6d in the £. , His Honor: The discharge is granted. ■ TON STUHMEK'S ESTATE. His Honor enquired of tha D.O.A. was he prtpi'.rod to go on with the publicexamination of Wilfrid Von S'urmer. Mr Medley replied that he would consult cout-col on the matter. Mr Kerr, solicitor for the D.0.A., said he would confer with Mr Qiilliam, who was appearing for the creditors, and Mr Malone, for the bankrupt. His Honor said he would be prepared to take the case in the afternoon, The Court adjourned. Subsequently it was arranged between His Honor and counsel engaged (Messrs Kerr, Quiliam, and Malone) in the cuse that a special meeting of the Court would be held to take the examination, on a date to be fixed. This concluded the business,