SUPREME COURT.

Taranaki Daily News, 22 November 1916, Page 6

SUPREME COURT.

I A LIGHT CALENDAR. A comparatively small list ot fcases »:is set down for hearing at tlie sessions of (lie Supreme Court, which wore opened before His Honor, Mr. Justice Cliapiiiau in New Plymouth yesterday. nri'KXDAXT OX ACTIVE SERVICE The first ease that of John Maonicol Cummin,!; A. 11. Johnstone) v. Reginald do Charles Beaucl.amp (Mr. J. H. Quilliam), a claim for £2Ol ss, alleged to be due on a promissory note. Mr Quilliam applied for an adjournment of the case until the next sitting of the Court. 1 lie defendant was a member of the Expeditionary Force at present on active service, and since the issue of the writ, the defendant's attorney had not had an opportunity cf communicating with his principal with retard to the.oJaint. The attorney him self knew nothing of the circumstances Or. the adjournment of the case, the attorney would write to the defendant, and ask him to cable instructions. Mr. Johnstone opposed the application, and argued that ample time had hren afforded the attorney to obtain instructions. The assets of the estate were fast disappearing, and the farm owned by defendant was depreciating in value owing to the fact that it was not being farmed. His Honor said a good deal of consideration should be shown to a man on active service. It seemed to him the concession must be granted. Mr. Johnstone asked for reasonable security, as the stock owned by defendant had been sold by the attorney without reserve, and a deposit of £3OO paid by defendant on another property had been forfeited owing to defendant not going on with the purchase. His Honor said defendant's <•-- to.ild not be expected to give • The sojournment was grantee" PARTNERSHIP CASE STOOD u, ~ It was agreed between the parlk.- .. • the case. Hamilton Gilmer and the I'sifc > lie Trustee (Mr. D. Hutehen) v. Daniel' Berry (Mr. J. E. Wilson), a claim foi dissolution of partnership, accounts, and Appointment pf receiver, be stood down so that in the event of any motion of the Court being required to facilitate the winding up of the affairs of the parties., it might be heard m Wellington. SETTLED OUT OF COURT. The motion of Ernest Neilson (Mr. A. H. Johnstone) v. Jaincs Augustine McKcnna (Mr. A. G. Bennett) for a new trial, was, at the instance of defendant'!. counsel, struck out, the latter in-tiiL-ating that the case had been settled. BANKRUPTCY. No objection was made to the motion cf discharge applied for on behalf of Charles Ruscoe, tailor, of Stratford (Mi. A. H. Johnstone), and the discharge wa= granted. David Charteris (Mr. A. 11. Johnstone) was granted his discharge in bank ruptcy. Counsel said until few years aso bankrupt had been a successful tanner, and the period of his downfall was marked from the time he entered the land agency business. His Honor remarked that 'there was no suggestion o» misconduct. ''The Official Assignee recommend; that an order be granted in this case,' said Mr. A. H. Johnstone, who applied for a discharge on behalf of Henry Jakes, stable-keeper, of Whiinganiomona. Coun •scl went oil to say that Jakes was an i'liilerate man who v,-as successful at farming, but wlio failed when he took over a livery stable business. The order fo. - discharge was granted. 'lt is not a very satisfactory case, though I do not see any use in holding it over," remarked His Honor, when Mr. A. H. Johnstone applied for an order of discharge in bankruptcy on behalf o'. Joseph Sharrock, laborer, of Stratford. Counsel said the creditors were mostly small tradesmen, and the debts were accrued in connection with purchases of food and clothing. The amount of prove: debts wa9 £24, and the total indebtedness was £O9. ' - • The order was granted. AUCKLAND SITTINGS. ! By Teiegrapli.—Press Association. Auckland, Nov. 21, In the Supreme Court, Thomas Francis Walsh, charged with indecent assault on a child at Gisborne, was sentenced to twe years' imprisonment.