SUPREME COURT.—This Day.

Auckland Star, Volume IV, Issue 1041, 22 May 1873, Page 2

SUPREME COURT.—This Day.

IN BANKKUPTOY.

(Before His Honor Mr. Justice Johnstonl) The Court sat at three minutes past eleven o'clock this mornmg for the disposal of bankruptcy cases : — In re Charles moeller.

The bankrupt, a master mariner, came up to pass his last examination. Mr S. E. Hughes supported. There was no opposition. The Trustee's report was read. It stated for the information of the Court that the bankrupt was master, and formerly part owner of the schooner Dauntless, which was built expressly for trading between Tauranga and Auckland; but the tradefailing offshe was put upon the Island trade, alterations being necessary to fit her for the trade. His liabilities had been caused owing to his connection with the vessel, and he had sold his interest in her to enable him to satisfy his creditors. He had paid them a composition of 3s in the pound Arith the proceeds of the sale ; but some of the creditors in the hopes getting more out of the bankrupt had persuaded him to give them promissory notes for the balance of his indebtness to them. This he had foolishly done. , The bills in due course became due, and the bankrupt was unable to meet them. And he had consequently come to the Court for protection. In July 1872 his liabilities were £310, and the only assets were his clothing. From that time to July last his receipts had been £56, and expenditure the same amount in January 2nd, when filing his petition his liabilities were £369, and assetsnil. No creditors had proved their debts. In addition to the non-success of Dauntless in the Tauranga trade, the bankrupt had incurred additional expense owing to the ill-health of his wife, whom he had been compelled to send home.

The bankrupt deposed on oath to the correctness of his statements, and. received his immediate order of discharge.

In re Patrick glebsoit. Adjourned last examination and discharge, jj Mr Armstrong appeared for the bankrupt.' rJ>e hearing had been adjourned for the purpose of enabling the trustee to make enquiries of creditors at the West Coast, where bankrupt formerly resided. This had ; been done, but no opposition was offered. ../Ihe bankrupt, in reply to his Honor, stated that he had formerly been a miner on the West Coast, and he had trusted people oa the West Coast to the extent of £2,000. His Honor granted an order of discharge, to date six months from, date of filing his pc tition, namely 3rd February. In re ALEXANDER MCDONALD. \ Adjourned last examination. Mr Rees and Mr Armstrong supported, and Mr Whitaker opposed the bankrupt. The Trustee's report stated that bankrupt had opened a store, bakery, and butchery on the line of railway between Kaipara and Eiyerhead, for the purpose of supplying the workmen, and a system of credit was adopted. In September, 1872, the liabilities were £1,1G5 11s sd, and assets £712 9s sd; deficiency, £453 2s. Between September and March laat the receipts were £1,040 including the £200 advanced by Edgar, and the expenditure the same'amount. The bankrupt's liabilities in March were £910 10s lid ; assets, consisting of bookdebts, &.C., £315 Bs.; deficiency, £595 2s lid. The bankrupt had kept books, butjhad failed to enter them up properly, and it was impossible for the trustees to test the correctness of the accounts. _ _ [Since the last examination the bankrupt had been examined by the trustees' in reference to his connection with Mr Edgar, and the evidence was read over to the Court. It was of a voluminous nature. At its conclusion Mr Itees wished to examine a clerk in the employ of the bankrupt to contradict a statement that appeared in the Trustee's report, to the^ffect that* the bankrupt would not allow him to post. up. the

books. '.t ,j • ■' ■'< The witness was called, but /jetused to be sworn without his expenses we«e paid; He stated that he had received no conduct money with his subpcena. . ' His Honor decided that the witness could not be compelled to give evidence. Mr Rees also called Mr Edgar, but he made the same objection. Mr Whitaker opposed bankrupt's discharge on several grounds, which he proceeded to enumerate. One of these was undue, preference to a creditor by giving Mr-Edgar (his brother-in-law) a bill of sale, whereby the whole of his property was swept off, leaving the remaining creditors without a farthing. Mr Rees urged that value had been received for the bill of sale. His Honor said that was not the question. The bill of sale appeared to have been given with six month of the bankruptcy, and under the clause of the Act it was not competent' for him to grant the discharge in consequence. Mr Rees applied for an adjournment to enable the petitien to be amended. Mr Whitaker contended that the bankrupt had passed his last examination, and the petition could not be amended. His Honor was opinion that the bankrupt had not passed, his. iinal examination, otherwise he would be entitled to his discharge. The question was argued at considerable length, after which His Honor decided to allow the petition to be amendecL An adjournment was then applied for by Mr Rees. This was agreed to by Mr Whitaker upon the bankrupt paying the costs of the adjournment. Adjourned for a'fortnight. IN THE MATTER OF THOMAS CRAIG'S ESTATE. Mr W. L. Rees applied to the Court to compel Mr John Sangster Macfarlane as mortgagee of certain property at Whahgaproa, consisting of saw mills, timber logs, forest lands, &c, belonging to the estate of the bankrupt to render accounts of the sale, and disposal of a large quantity of timber. The application was supported by affidavit from (Thomas Craig which alleged that the debts owing by tho bankrupt were £4555, against which was property in the hands of Mr J. S. Macfarlane as mortgagee, valued at £16,550, leaving a surplus of over £11,000 after liquidating the debts. His Honor considered that it was the duty of the trustee to make the application1 and not Mr Crdig. This concluded the business.