DISTRICT COURT.

Wairarapa Daily Times, Volume XV, Issue 4477, 22 July 1893, Page 3

DISTRICT COURT.

MASTERTOJJ.—SATURDAY. (Before Ilia Honor District Judge Bobinson.) IN BANKRUPTCr. Ihafeft Hutana made an application for Mr Acbeson appeared in support of tlio application, wliioli was opposed by tie D.O.A. Mr Acbeson Bait! that the D.O.A. had led liim to believe that when the application was adjourned at last sitting fcbeie would bo no opposition mow, and he bad not instructed tbe •debtor to be present, seeing that be ilived sixty or seventy miles away,®®* The D.O.A. said be bad not endeavoured to mislead counsel, and there was sufficient grounds in the report to warraDt the opposition, especially in the absence of the debtor. It was admitted that tbe debtor was present at tbo last sitting. His Honor said the report stated that the debtor bad obtained goods from «fitorek.-eper, shared them with others, and now refused lo pay. It was not like a case of misfortune in business. Mr Acbeson said tbo debtor had bought tbe goods as agent for otherß, and not having disclosed bin principals -ggftrtlg wore charged to him. The dPfflmd refused to pay their share and he filed on being served with a judgment •BummonH. His Honor the debtor did not even pay for goods supplied lor his own use. He hid Incurred debts to the amount of £l3B about one third of which was for his own use. HlfTfifefor said ho was not inclined l« grant an immediate discbarge, Taking into account that no creditor was present to oppose he would make tbe order on conditions of the pay- • wont of expenses incurred by the D.O.A. B 12s, the order to take effect when the money was paid. 0. W. Langstnne made application for discharge. Mr Acbeson appeared in support of the application Mr Bunny for tbe D.O.A, ' J Mr Acbeson objected to Mr Bunny appearing as according to the Act ho contended that the Assignee \ must appear in person when opposing >yp application for discharge, ■ A*

His Honor overruled the objection holding that tho Official Assignee had a gonoral power to omploy n solicitor. W. B. Cbennells, D.U.A., examinod by Mr Bunny said that (J, W, j Langaiono'a estato bad so fur, realised L 25, Ho had not yet been ablo to disjios*! of certain patent rights. Tho bankrupt had estimated his assets at L 1825. By Mr Acbeson: Boliovod if Mr Lflngstono had lmd money to work it, ho would have been able to make a good thing out of liiu dip in the Wain rarapa. Charles W. Langstone, under examination fiuid all the debts shown in his stnioment woio recently contracted. He had started business with no capital, but wit'n a valuable vermifuge the rights of which he afterwards sold for L 250, paying off all debts witu tho exception of £SO. Invented a valuable sheep dip, and with about £4O in hand went round and was very succi ssful in getting orders for tho dip. Was prevented manufacturing bis dip because Messrs bharland and (Jo stopped his credit. The amount owing was £ll4. Had understood that Mr Izard would advance the money to pay Messrs Sliarhnd, but lie had not done so. Had he been ablo to obtain credit and purchase drugs, lie would have been easily ablo to pay all bis creditors, and not liovo been in his present state. Owing to pressure on the part of four or live eirditors be was forced to lile. He had been offered £OOO for his patent rig- 1-, but at the Ihhl moment the agreement fur sale fellthrougb. H) Jlrßnmij : Hniim ed tlie patent to he ttill a valuable one. Hat nHfftd to assist any one buying i' with his service ut a rate of wages Would not mind taking the patent from the Assignee i( ho could get some one wiih capital to back him. Had no doubt ho should in thai case, be aide to nuke his creditors an offer. His Honor did not think there was any moral blame attached to the bankrupt, he seemed to have been supported by monicd people, iylio a f tho last moment had drawn back,and for some unexplained reason had dropped out of the arrangement to [lurchnßo the patent, His Honor granted the discharge, ana suspended tho operation of the aamo for three months, to assist tho Assignee to deal with the assets of the patent rights, Hugh McGuckcn, public examination. No creditors »ppeaied, and tlie public examination was declared closed, The petition of Messi s Montcath and Staveley, praying that Parone Pahora (Brown) be adjudicated a bankrupt. Mr Pownall for the petitioning creditors, Mr Beard for the debtor opposed the petition. His Honor found the affidavits good. Mr Beard said that if his objections wme overruled lie would hare to ask for an adjournment. His Honor saw no reason for adjournment and made tho order for adjudication with costs to tho petitioning creditors, There being no further business tho Court adjourned.