(Before Hfa Honor Judge Ward.) Re Alexander Prootoi — Motion to have a deed of assignment of all the debtor's k tot eat under his late father's will, executed by the bankrupt In favor of Farquharsort Proctor, one of the trustees, declared void or declared to be by way of ■ mortgage only, and not by way of absulate I assignment BD d calling apon Farquhareon Pro ntor to pay the Assignee the sum of £150, part of the consideration for the said dead, whloh, instead of paying to the debtor, Fiuquharaon Proctor bad, without authority appropriated to the payment of an aoooaot doe by the deb: or to Farquharson Proctor's firm, P.ootor, Jones and 00, of Dunedin.— • Mr Csygill for the Deputy Official Asilgnee, Mr Sims of Dnnedln, for Farquharson Prootor. — Mr Cayglll called the evidence of J. O. Bell, and Alexander Pro tar For the defence Fttiquharson Prootor gave evidence. The oaie was rather involved, but shortly pot ii appeared that Alexander Prootor, the bankrupt, being desirous of starting bust? ness m Ashburton wished an advanoe of £250 from some money doe. to him under hla father's will, Farquharson Prootor obtained the advanoe from the trustees of whom be was one, but Alexander allegid that he bad only reoeived the benefit of £100, the remaining £150 being appropriated without hii oonsent to liquidate a debt due to Farquarson's firm, For the defence It was submitted that Alexander had had the full benefit of the £250, having received goods to the value of the £150 now claimed by the assignee, and that he (Alexander) had praotloally given his consent to the appropriation of the latter amount.
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