Bankruptcy Cases.

Taranaki Daily News, Volume XLVII, Issue 7973, 9 November 1905, Page 2

Bankruptcy Cases.

AI'I'LICAXIOMS X'Oll DISCHARGE. A sill ing of tin;, Hi.sl.ricl Court- was Ju-ld al fti;\v Plymouth-on WL'dnusiUo , Jn'foiv his Honour iWr usl ici- j I labuitlt.'ii, wliui Ihv business was cojiliniii to several banKruptey jiiatLcrs. —lUv Amin iJourkc.— Mr llutclicn made an application for disclvargi; on l>ohaK of Aujin Jlourl.e, an Assyrian hawker and fancy g-ouds merchant, formerly in 'business in New Plymouth. (It: pointed out thai since the application was adjourned l'roni last sitting of live Court, the Crown Prosecutor had come to the conclusion 1 t-hal there were no grounds for laying an informal ion against the bankrupt for an infringement of the Bankruptcy Ac.l, and cont-ejided that in view of the time that, had elapst .1 since the. tiling Ike bankrupt was mlitlcd to ask for a discharge. Counsel 'Wcjvl on to answer the questions raised at last sitting with reference to the farm property acquired by Mrs Bourke,and the -deficiency in tin; estate. lie <ju<iled the evidence lo show thai Iho bankrupt's wife had brought money with her on her arrival in the coii oiiy, and said lhat it had never been i thnl the'bankrupt had obtained credit on Ihc representation that his .wife had possession of this property. Counsel went on to analyse tile bankrupt's receipts and expenditure 'during the year and ivino months that he was in .business, find ■submitted that his failure was attributable to the insufficient supplies and inferior goods received. Jf had been stated 'in evidence that thonot prolit on the*goods was 2.") ]>er cent, and 011 the small turnover it w«s"iinpossible to make the business profitable.

The Deputy Odicinl Assignee (Mr J. S. S. Medley) said that, he hud been instructed by the Official Assignee, who had gone fully into-the case, to strongly oppose the application. It had been pretty well proved. or at, least acknowledged by the bankrupt in cross-examination, that the profits* on the goods he handled had approximated nearer .100 per cent prolit. Mr Ilutchen referred 'to I Tit* c-vi-of two witnesses lo refute this statement.

His Honour remarked 'that from-his knowledge of these cast's he knew that broadly speaking the profits on fancy goods were estimated at up to 100 percent. To slate 1 hat the prolit was only 2.*"> per cent was out of • the ipiestion. The D.0.A.. nnlimiing, said that Ihe bankrupt had obtained credit by all sorts of 'representations. He poinlt d out that it was a peculiar fact, if Mrs Pourke came id the colony with nearly .I.'WO -in cash as stated, that the farm was purchased by instalments during the currency of tht; bankrupt's business. The whole transaction was very suspicious, as his Honour, .Mr Justice Kdvvards.had remarked when the case was before him. His Honour I'oniimented on thccvit dent unlillodness of the bankrupt to I be in business. The mere suspension 1 of discharge to a man like this, he s remarked, was, a very inadequate P punishment, but it was the only 1 met hot! prescribed by which the Court could mark its disapproval of the - bankrupt's transactions. d Taking into; consideration Ihe - length of lime that had claps-d from i- Ihe bankruptcy to the present time, r his Honour ordered the discharge (o . be suspended fon a period of eigh- •, teen months from date. —Re Art hur Turner.— 1 Arthur Turner, of Ingleuood. ap- : plied for discharge. Mr A. Slandish ' appeared in suppot-l of live applica- 1 lion, and (here being no opposition, j it was grunted. V -He W. 1 lurle.—• William Isaac I lurle. late board:l ing house keeper, made a similar ap- - plication, in support of which Mr J. j E. Wilson appeared. i JSankrupJ -ave evidence in the ef~ > loci thai he was a bootmaker bv trade, but was now working as an i assistant storem-an at a weekly wage i ol Out of this amount Ik-was - com ril.nl ing towards the support of - three young children. He was living - apart from his wife. ■ '] he D.0..A. did not. oppose the apI plication, tie remarked Hurt the furniture had nol realised its full value or the creditors would have fared belter. Apparently domestic differences were mainly responsible for the bankruptcy. The discharge was granted. —Re J. McCullum.— James McCullum, carter of Okato. s was granted his discharge on the application of Mr* J. li. Roy,'which met with no opposition. This concluded the business before the Courl.