SUPREME COURT.

Taranaki Daily News, 19 May 1917, Page 6

SUPREME COURT.

DIVORCE AND BANKRUPTCY. The sittings of the Supreme Court in Now Plymouth were continued before His Honor, Mr. Justice Hosking, who sat at 9.45 a.m. to take adjourned divorce and bankruptcy business. EUPHEMIA CLARKE v. ROBERT JAMES CLARKE. This was a case adjourned from a ,previous sitting for the purpose of enabling petitioner to produce evidence corroborative of her own as to the desertion. Mr. D. Hutchen appeared for the petitioner; the respondent was not represented. Mrs. Elizabeth DeXv, sister of the petitioner, deposed that Mrs. Clarke had been living with her mother at Rahotu during the past seven years. 'During the whole of that period petitioner had not received any money from the respondent, who had been supported by her mother. 'His Honor granted a decree nisi to be made absolute on motion in three months, and ordered that in the interim the mother have custody of the children, with costs £ls and expenses to the petitioner. IN BANKRUPTCY. George Cadman, of Alton, for whom Mr. D. Hutchen, appeared, applied for a final order of discharge from bankruptcy. The deputy assignee at Hawerai, Mr. E. S. Barnes, in answer to His Honor, said he had no objection to offer to the application.

His Honor said t three creditors had written objecting to the discharge on the ground that the bankrupt had been accustomed to go on drinking bouts and gambling. There were no assets and the liabilities amounted to £412.

The bankrupt was examined on oath, and stated that lie was a married man and the father of thirteen children. He had gone into business as a farmer at Ashurst without capital and by the assistance of a friend. The place had proved no good and the Ilawl-e's Bay Dairy Company, from whom he had borrowed .money, took possession of everything, and he was forced into his bankruptcy by the pressure of other creditors. He absolutely denied being addicted to drinking or gambling habits. He never played cards or other games for money and did not frequent raceeources. Mrs, Cadman, wife of the bankrupt, also gave evidence, denying that her husband was a drinker or a gmbler. They now occupied a farm at Alton on sharemilking terms. The milkinn was done by witness, her husband, and three of the family, and it was a hard struggle to live. H's Honor said lie did not think he could grant an immediate discharge under the circumstances. No doubt it had been largely a case of misfortune, but on the other hand the bankrupt had entered into business a.s a fanner not only without capital but when actually in debt. It would do no harm to suspend the discharge for three months;, and an order would be made accordingly. This closed the business of the session and the court rose sine dip.