THE CASE OF NATHAN LEWIS JOSEPH.

Waikato Times, Volume VIII, Issue 484, 26 June 1875, Page 3

THE CASE OF NATHAN LEWIS JOSEPH.

The case of Nathan Lewis Joseph was heard in Bankruptcy at the Supreme Court, Auckland, on Thursday, before Mr Justice Gillies. Mi' R,ees appeared for the bankrupt, and Mr Elliott Meyer tor the opposing creditor. The trustee's report stated that the bankrupt had been a storekeeper at Hamilton, and that on the failure of Mr J. C. Morrin he became involved in some matters of account and bills in connection with the business, which was in the hands of trustees. In November, 1873, his liabilities amounted to ,£892, and his assets to £927 16s 7d. Between that date and the same date (28th of November), 1874, his trade receipts amounted to £4,860, with an over-draft at the bank of £190, and some other items, which raised the amount received to a total of £5,682. The expenditure within the same perfod was stated at £5050. It appeared that Mr KJPx^wjfe proprietor in fee simple of the land on which the* store stopd, and that there had been an agreement to lease between Mr Knox and Joseph, which agreement liad come into the estate. Mr Meyer opposed the bankrupt's discharge, on the ground that the statement of the account did not disclose the state of the bankrupt's affairs. The accounts shewed that he had received more than £500 which had not been accounted for, and there was nothing to shew the state of the ißkkrupt's affairs except the date-book, from which it appeared that he had done a business of more than £2,000 a year. His Honor said the accounts appeared to be "cooked" They supplied no information which <!wuld warrant the granting of his discharge. Where iv man voluntarily put it out of his own power to comply with the Act, he deprived himself of the principal conditions upon' which the benefit of the Act could be granted. Whore jihere was inability to produce evidence oTSufojnn&tioji fci^e QQurt would aid an unfortunate b^^kWfj^to t^e ,u^«a<tej; of its power, but where inl^jrmatien wW; wiraheld, or where the bankrupt had v voluntaiily\ ut lfc out °* his own power to give it, he had no claim upon the Court. The further hearing of the case was adjourned for a month, in order to give the bankrupt an opportunity to amend his accounts.