NO LONGER A BANKRUPT.

Taranaki Daily News, Volume LVII, Issue 295, 22 May 1915, Page 3

NO LONGER A BANKRUPT.

CASE OF JAMES W. TJARDIMG. JUDGMENT OF THE COURT. The application of James 'White Harding for discharge from bankruptcy formed the subject of a judgment given by his Honor Mr. Justice Edwards at the Supreme Court yesterday morning. Mr. J. H. Quilliam appeared for the applicant, and Mr. Spence opposed the discharge. Mr. Justice Edwards made an order granting the bankrupt's discharge, In delivering judgment, he said the creditors had passed a resolution " that the bankrupt's discharge he strongly opposed until he paid tnc creditors such an amount as would provide a total dividend of 10s to the £1 to all proved creditors." It was, however, plain that there was no prospect of the bankrupt being able to comply with this resolution, unless he could induce his wife to give up the property, or a considerable part of the property, her title to which had been confirmed" by the Deputy-Offi-cial Assignee, under direction of the creditors. As the creditors with a full knowledge of all the facts had elected to compromise their claims against the bankrupt's wife, he did not think that it was legitimate to endeavor to compel her to give up the property which she had taken under the compromise by opposing her husband's discharge. To give effect to the resolutions of the creditors would most likely result in her being compelled to do so, or in denying the bankrupt's discharge altogether. Counsel for the Deputy-Official Assignee had urged upon his Honor that the bankrupt misrepresented his position to at least two of his creditors, but there was no evidence that this was the fact, only a mere suggestion upon which no , Court would act.

The circumstances in which the bankrupt made a settlement upon his wife were certainly very unsatisfactory, but the creditors had closed the inquiry into that matter as far as the recovery of the property was concerned. Two years and a half had now elapsed since the commencement of the proceedings in this bankruptcy, and, unsatisfactory as tire circumstances were, he did not think that enough had been proved to him to warrant him further delaying the bankrupt's discharge. The discharge would therefore be granted.