SUPREME COURT.

Taranaki Daily News, 13 December 1919, Page 6

SUPREME COURT.

SESSIONS AT NEW PLYMOUTH. YESTERDAY'S SITTING. (Before His Honor the Chief Justice, (Sir Robert Stout.) The sessions of tiie Supreme Court at New Plymouth were continued yesterday before his Honor the Chief Justice (Sir Robert Stout), when the following matters were dealt with:— BANKRUPTCY. Discharges from bankruptcy were granted in the following cases: —Robert Roberts, plumber, Hawera (Mr. T. P. Anderson); Chas. John Jeffries, farmer, Awatuna (Mr A. A. Bennett); John Nicholas Neilson, bushfeller, ' Ore Ora (near Wanganui), Mr. Bennett. An application on behalf of Wm. John Tucker, Kaponga (Mr. F. E. Wilson), was opposed by Mr. Croker on behalf of C. R. Stead (Waitara), E. Beck.bessinger (Waitara), C. Dunbar (UTenui), A. W. Ogle (Waitaraj, and 0. H. Pope (Urenui).

Mr. Wilson stated the case was one in which the bankrupt had been unfortunate in being unable to realise hig assets. He had taken a back country farm near Urenui and when he got into difficulties it was at the time when all the young men of the country were being called up io- active service, and in consequence no me was then buying farms and he had been unable to dispose of his interest in it. Under present conditions the farm would no doubt be of great value. Mr. Wilson drew attention to the fact that no objection in the case was made at the meeting of creditors. The Judge remarked that that did not mutter in the least. Mr. Croker said the objectors alleged that the bankrupt had been the owner of property at Kaponga in the name of his wife. It was also suggested that he managed a, business there for liis wife, and if he was in receipt pf a salary he ought to be able to pay sometiling to his creditors. The bankrupt deposed to being the manager of a hairdressing and billiard saloon at Kaponga for his wife. He received no salary for his services. The business was secured as a going concern for £l2O. The takings amounted to about £9 per week. His ,son got all the takings from the hairdressing saloon, amounting to about £3 per week.

The bankrupt was questioned by the Judge at some length on the matter of his dealings in connection with his Uienui farm property. In reply to Mr. Croker, witness denied that he bought his farm at Urenui as a speculation. He a"..; 0 denied that he had been dealing in properties under cover of his wife's name. He detailed some of the dealings in various properties carried out by his wife. He*received no wages whatever for his work at the billiard saloon. All the takings went to his wi%>, and there was nothing left for him when expenses were paid. He had nothing whatever on which io make an offer to his creditors. The Deputy-Official Assignee (Mr. J. S. S. Medley) referred to what Mr. Wilson had said in regard to the bankrupt being unable to dispose of his farm at the time of the bankruptcy, and he had no doubt that if he could have held on to it and paid the interest until now he would have been all right. He referred to bankrupt's wife's dealings,' and saiil she had been extraordinarily lucky. It had been hoped that she might have made some offer on behalf of her husband.

"■The Judge remarked that there seemed no good reason for not granting the discharge. He did not think it would help the creditors in any way. It was one of those cases of which he was afraid there would be many more before long if people went on exchanging properties and paying prices for them such as were being paid to-day, and then when the commandeer of produce was lifted ,nhd there was a decline in prices they would not be able to make, ends meet. The application was therefore granted. DIVORCE, RELF v. RELF., Edmund C. A. Relf, contractor, Awatuna (Mr. D. Hutchen), petitioned for the dissolution of his marriage with Ethel Emily Relf, on the grounds of misconduct, with co-rc'spondent, Walter Pashbv Bensley. Petitioner deposed that he married respondent in Febru'ary. 1014. They resided together for some time, and there were two children. He enlisted for active service and lelt New Zealand in October, 1917. While away he corresponded regularly with his wife. He returned home in July of this year. His wife met him at Patea and they came to Hawera, where they lived together for a few days. Petitioner was anxious to go farming, but his wife began to "show her heels" and said she wouldn't go farming and wanted to live in town. She began to speak of the friends she had made while he was away, and showed great favoritism to some imen. He asked her straight out what she had been doing and she admitted misconduct with co-respondent. She stated this in writing to him, a.n<] the letter was put in. Witness went with his brother-in-law (Robert Smith) to see co-respondent, who admitted the misconduct. Petitioner at once took action for divorce proceedings. Corroborative evidence was given by Robert Smith. A decree nisi was granted, to be made absolute in three months. Costs on the lower scale were granted.

OTHER CASES DISPOSED OF. The following cases were also adjourn.ed till next session:-—Emeny v. Nolan, appeal from the decision of J. W. Poynton, S.M., at New Plymouth (for argument); E. Travers and others v. Patrick Travers (originating summons), under Family Protection Act. The Court adjourned till 10 o'clock today, when the case of Colson v. Wooldridge will be taken, a claim for £IOOO damages for injuries received.