DISTRICT COURT

Wairarapa Daily Times, Volume XVI, Issue 5151, 9 October 1895, Page 3

DISTRICT COURT

j MASTERTON-WEDNESDAY, [Sotore His Honor Distric! Judße Kettle.] IN BANKRUPTCY. JOHN CUJIMIXC. Application for order for commitment for contempt of Court. Mr Bunny for tlio Deputy Official Assignee stated that the bankrupt had signed the lease, :md no further proceedings would be necessary. - Application withdrawn. US. NSTEKfI, Application fordisohargondjourned from last sitting. Mr Pownall for applicant. George Fairbrother said that in January, 18U4, be bad wound up Peters' business for him. Witness was then practically the only creditor. Tim balances were entered up every quarter. Witness held a second mortgage over a freehold. There were only three creditors besides witness interested in tlio| estate at that time. The other creditors got their proportionate share of the estato. The discharge was granted on a furthor payment of Is 7d in the £, making the dividend 5s in tho £.

His Honor said it was no oxoubo to plead inability to koop books it was necessary that in such case a man must get someone to mako them iij) for him at regular periods, in order that he may know how he stands.

JUIIN FAUno.v. Application for discharge. Mr Pownall for applicant, Tho D.O.A. (Mr W. 13. Cbennolls) slated that the question of tho sale of the property to his fathor in lawhad been to some extont questioned, but on careful investigation bo found that a fair sale had been made and the whole of tho money so realised had been paid to the creditors. In answer to His Honor the bankrupt- stated that the salo to his father-in-law was mado on a proper basis, and a sale note mado out. He bad paid the whole of the £l2O as far as it would go. Mr C'ockburu had not pressed him, and he had not paid him any share of the money received from the sale. £35 wub set dowu fur " Young Berlin " in the note of sale, and lie understood that the present owners had given £6O for him. Ho attributed hie bankruptcy to failure of the cropping in which ho wasongugod. The D.O.A. said that only ono ordinary creditor had proved for £5 10s and the claim of £IG for rent.

His Honor said that the only objection was the absence of books, the bank book was not sufficient, There appeared acertaiu amount of niisfoituno in this case. Discharge granted on payment of 5s in the pound, one month being givuu to creditors to provo. tr. n. w, Msir,. Application for discharge. Mr Pownall for applicant, statod that debtor's bankruptcy was due to a partnership at the Islands. ! The D.O.A, said that Mossrs Murray, Huberts A Co. had expressed their willingnetß to place all information required in his hands, but had to send to Rarotonga for it, Mr Pownall explained the position of Messrs Murray, Roberts & Co., with regard to the estate. He understood there was a delay as the firm was trying to make an advantageous sale.

in reply to His Honor bankrupt stated that he went into partnership in 1889 with Goodwin, Had then between £250 and £3OO. Ho was to look after the business at the New Zealand end, and Goodwin al the Island end.

The D.O.A.suicl Mi' Misinformed him that tho estate would probably pay 10s in tho £ in tho partnership accounts.

In reply to Mr Pownall dobtor said he reckoned ho had put close on 13,000 into the Island business during the past five years, His Honor granted a dischargo conditionally that the debtor pay 10s in the £ on all private debts proved within one month, exclusive of Messrs Murray Roberts A Co.