DISTRICT COURT.

Wairarapa Age, Volume XXXII, Issue 3200, 28 May 1909, Page 5

DISTRICT COURT.

BANKRUPTCY BUSINESS. At the sittingof the District Court, yesterday, beforeHia Honor (Judge Haselden), Ernest H. Wolters, law clerk, Carterton, (Mr C. A. Pownall) applied for his discharge in bankruptcy. . Mr Leovey (of Wellington) opposed the application on behalf of tbe only creditor. Counsel stated that debtor knew, when he was sued for the amount which caused his bankruptcy, that he had no defence, and yet he put the plaintiff, counsel's client to a considerable expense in the action, and by insisting on the joining of his father as a defendant, added about £BO extra expense to the action. Counsel intended to ask that a dicharge be granted conditional on the payment of, say £4O, lor costs on the action, by instalments. An offer to that effect had been made by the creditor, but the reply was that debtor intended to apply for his discharge. Bankrupt, examined, said that he resided with his parents at Carterton, and was in receipt of £6O a year ir. his occupation as a clerk. He paid nothing regular as board money.

Mr Pownall said debtor was quite entitled to defend the action as he had done, if only to reduce the amount of damages. The whole thing was a misfortune for the debtor, who had paid about £35 legal expenses himself. His Honour traversed a somewhat similar case he had had before him in another district, but in this case he facts disclosed less of negligence and equal misforuna, and he thought the discharge should be granted unconditionally. An unconditional order was made. Christopher Heaton Smith, hotelkeeper, Masterton (Mr C. A. Pownall) was granted his discnarge. Fredericii Staples, tarmer, Mangamahoe, applied for his discharge, which was granted. I An application by Beale and ParI tori, Ltd., for an order to adjudicate | Henry George, carpenter, of Mnster- ! ton, a bankrupt, was made by Mr P. L. Holiings. Mr C. A. Pownall opposed the petition on behalf of bankrupt. Mr Holiings stated that the petition had been refused by the Registrar, but counsel on both sides had agreed to reinstate the petition. Mr Pownall had raised the point whether a limited company could I petition under seal Counsel contended this coukl be done, quoting authority to support his contention. His Honor allowed the petition to be reinstated, and reserved his decision on the point raised by Mr Pownall.