SUPREME COURT.

Sun (Christchurch), Volume I, Issue 149, 30 July 1914, Page 10

SUPREME COURT.

IN BANKRUPTCY. DISCHARGES GRANTED. His Honour Mr Justice Sim held a sitting of the Bankruptcy Court this morning. The following discharges were granted: —John Gorric (Mr H. C. Helmore), Geo. Henry Dayburn (Mr R. T. Leatham), Jas. IT. Whittaker (Mr A. 11. Anthony), Thomas 11. Addis (Mr T. D. Harm an). OTHER CASES. In the case of Albert Ernest Young (Mr Leatham), his Honour said there was no report from the Official Assignee. The Official Assignee said in this case the administration had not been completed. Bankrupt had an interest, or a reversionary interest, in an estate that had just fallen in, and it was impossible to say yet what the position was. The application was ordered to stand over. In the ease in which the creditors sought to have Albert Kingsford declared a bankrupt, direction was sought as to the service of the summons at the instance of the Riccarton Timber paqMr J. J. Dougall, for the petitioners, said Kingsford was supposed to be in Australia. His Honour directed that the summons be served at respondent's last known place of residence in Christchurch. In the case of Duncan Ebenezer Bain Murchison, Mr F. Wilding, K.C., who appeared with Mr A. T. Donnelly, asked for a discharge. . His Honour: The report of the Official Assignee is not favourable. Mr Wilding said the creditors had received 9/1 in the £ and there was no allegation 7 of misconduct. The matter had been before his Honour Mr Justice Denniston. His Honour said the matter had better stand over to come before his Honour, Mr Justice Denniston. DECLARATION ASKED FOR. In the matter of George Kinley, a bankrupt, it was asked that a declaration be made that a security given by bankrupt to Matson and Co., on September 3, 1913, be declared void as an act of bankruptcy, and that Matson and Co. be ordered to pay for the benefit of the creditors in the estate the sum of £442 11/6, the proceeds of the sale of sheep. Mr Beswick appeared in support of, the application, and Mr A. Blair, on behalf of Matson and Co., to oppose. Mr Beswick said this was a matter: ! as to which there could be no dispute as to the law. Kinley was a farmer. He purchased three lots of .sheep and drove them to Addington. • Ettch lot was offered for sale by the agents from which Kinley purchased th«m. Very few sheep were sold a£ Addington on that occasion. The sheep were taken by the bankrupt to his propetty, where* they were put on turnips. The New Zealand Farmers' Co-operative Association, to whom this man. was indebted to a considerable extent, apparently finding he had a considerable quantity of stock, sent up a buyer to Rangiora and' concluded a bargain to buy a large quantity of the stock, and they were then in a position to close the matter. Matson and Co., they suggested, having got wind of this transaction, sent their representative to fiangiora. Kinley was looked up, and then reported that lie had sold the sheep. The representative of Matson and Co. pressed for either the sheep or. the money, and an order was given him on the Farmers' Co-operative Association fpr the amount owing to Matson and Co. The order was apparently immediately presented and immediately dishonoured. On September 3 Kinley signed a document under pressure from Matson and Co. The present proceedings were taken in April and,.May this year, but it was not till Saturday last that any affidavit was filed by Matson and Co. Mr Blair: We could not do anything till we got the affidavits. _• >Mr Beswick said he did not have his witnesses present, and was not prepared to go l on immediately. His Honour: To-morrow is free. Mr Beswick: I can get the bankrupt in town by to-morrow. Mr Blair: Could it not be disposed of this afternoon? Mr Beswick: I do not think we could get him here this afternoon. The matter was adjourned till 10 a.m. to-morrow. CLAIM FOR INJUNCTION. Argument was heard iii a claim for injunction (a Supreme Court matter), the parties being Duncan McMillan, plaintiff, and Win. McMorrow, defendant. Mr H. J. Beswick appeared for the plaintiff, and Mr F. C. Wilding, K.C., with him Mr A. T. Donnelly, for the defendant. Plaintiff asked for an injunction restraining the defendant from exercising the forfeiture clause in an agreement regarding the sale of sdrne land. Mr Beswick explained that the plaintiff entered into the agreement to purchase a piece of land from McMorrow, who is a farmer at Rakaia. The land was described as 169 acres, more or less. After the sale and the payment of deposit and instalment, McMillan received a debit note for the. balance of 'investment and interest calculated for an area of 180-acres. Ho paid this in the first instance without question, but later, actiug on legal advice, declined. The sound area was "*169 acres, but McMorrow had the title to 180 acres, the difference in area having been occasioned by the washing away of sound land by the river. Defendant threatened to exercise the forfeiture clause in the agreement if payment were not made upon the basis of the 180 acres, and plaintiff sought an order restraining defendant until the legal quostion at issue should be decided. The dispute vfcis as to whether McMillan should pay for the full area held under the title by McMorrow, or only on the land represented to plaintiff as having been purchased. After hearing both counsel, his Honour suggested that the proceedings be amended so as to raise the question of the construction of the contract, the matter to be lieard before his Honour when next ho visits Cliristchurch. ' This course was agreed to. CRIMINAL SESSIONS. The criminal sessions of the Supremo Court will open in Cliri.stchurch on August 8, before his Honour Mr Justice Denniston. The list is as under:— Carl Klingenberg, alleged breaking and entering. Elizabeth Black and Win. Lyndhurst, alleged theft from the person. Michael Colbert, alleged intent to do grievous bodily harm by attempting to discharge a revolver. Harry Pohis, alleged carnal knowledge. Harold Joines, alleged obtaining money by false pretences. James Burns, alleged forgery and uttering.

Archie Robertson, alleged obtaining money by false pretences. Ellen Hawthorne, alleged bigamy. Frank Malcolm and David Lambert, alleged assault and battery. John Harry Stephens, alias Harry Eeveley, alleged attempt to commit rape. James Wm. Solt and Thomas Patrick Heade, alleged administration df a noxious thing. Francis A. Atkinson, alleged forgery. Edward James Griff en, alleged attempt to defraud. James Bartley, alias Fulton, alleged assault with intent to commit a crime. PRISONERS FOR SENTENCE. The following prisoners will appear for sentence: — James Griffin, forgery and uttering (six charges). Clarence Pentecost, breaking and entering and theft. Richard Moon Sargeant, arson. Thomas John Crook, theft from a dwelling.