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ASHBURTON— TUESDAY.

JN BANKRUPTCY. Re Alexander 2 >footor --Motlon to have a deed of assignment of all the debtor's interest under his Lite /.JtheiVi will executed by the bankrupt m fa^or of Farquharson Prootor, one of the trcsteeß, declared told or declared fco be by way of mortgage only, and not by way of absolute assignment, and calling npon Farqabaraon Proctor to pay to the Assignee the sum of £150 part of the consideration for the Mid deed, which, Instead of paying it to the debtor, Farqaharaon Proctor bad, without authority appropriated to the payment of an aooonnt doe by the debtor to Farqaharion Proctor's firm, Prootor Jones and Go of Dunedln.— Mr Gayglll for the Assignee. MrPnrnell, appeared for Sir Robert Stoat representing Farquli arson Prootor. Mr Parnell said an affidavit m aupport of an application for adjournment liad' been made by his olient, bat before making thla application he would ask bis Honor if the Court had jurisdiction m the matter. He submitted the Assignee should ' proceed through the Supreme Court. Mr Oaygill argued that the Court had all the powers of the Supreme Court m respect of *h« Assignee's application, His Honor bald with Mr OaygUl. Mr Purnell then Applied for an adjournment the principal ground being the absence of a material witness. — Mr Q*f gill opposed the application. — After argument, his Honor granted the adjournment on pondltlon that «oats be paid by Mr Purnflll'-a client, ADMISSION OV PROOF OF DEBT. Be Alex. Proctor. — Mr Oothbertson •pplied for an order admitting proof of debt of Jas. Proctor. — Mr Oaygill objected that the grounds of the application were not disclosed by the notice of motion, which referred only to the affidavit which had been filed. Ha quoted the oase cf Bold r Bishop, m which It was held that Jt was not sufficient for a notice of motion to refer to an affidavit filed m the Court. —Mr Guthbertarm applied for leave to •mend.— »-Mr Oaygill consented, conditionally upon an adjournment bslng allowed and the other aide paying coets. OBDBBB.OJP .DISCHABQB. Re Edward Smiths-Application for order of disoharge. Mr Gathbertson for l>ankrupt — Order granted. Bt A. I. Reid— Application for order of disoharge — Mr Onthbertson for bankrupt —His Honor pointed out that the wags* claims bad not been saticfied-^Mr Cuthbertaon aald the claims ware incurred coma aix moths prior to the adjudication of the bankrupt and therefore outside the 60 days' limit preeorlbad by the Act — The ' Aaslgnee oombatted Mr Outhbertson's contention — His Honor made the order, BBFOBCTNG JUDGMENT. Be A. Turner— Mr Cuthbertson moved for an order enforcing an order for Imrpriaonment made on a judgment summons by the Resident Magistrate agalDst ' Tomer. He submitted that the bankrupt bad obtained money from a firm m Ohritteburch ostensibly to satisfy the judgment, but bad applied this money to the payment of other debts— The bankrupt flatly denied the allegations and Mr Onthbertson epplied for an adjournment to produce evidence. Ultimately the order waa dlsullowed. PUBLIC EXAMIICATIOir. Be Jai Lyon— As the bankrupt, who waa to have come up for bli publio examination, had only been served with notfoe on the previous day and was unable to arrive In Aahburton m time, an adjournment waa granted till the sitting of the Court on April 16. BBLBASB. Orders releasing the Assignee m a number of estates were granted.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18890312.2.18.2

Bibliographic details

ASHBURTON—TUESDAY., Ashburton Guardian, Volume VII, Issue 2085, 12 March 1889

Word Count
558

ASHBURTON—TUESDAY. Ashburton Guardian, Volume VII, Issue 2085, 12 March 1889

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