SUPREME COURT.—This Day.

Auckland Star, Volume IV, Issue 1152, 2 October 1873, Page 2

SUPREME COURT.—This Day.

SITTINGS IN BANKRUPTCY.

(Before His Honor Sir G. A. Arney, Knight Chief Justice.) 5 '

Be Henky, Pope. An adjournment in this case was asked fo« by Mr. Keatley. ..... £ffi His Honor aaicl he could Hot fix any day for hearing the case if it was postponed now as the Ciiminal Sessions were to cota§ on next week. It might be postponed tillfthe firafc opportunity after the sessions, i This was agreed, to. He A. G. Smith. Mr. Armstrong, on behalfjof the bankrupt, asked, for a further postponement. .. ; ,' , Mr Weston, who represented the.cpeditbrs * concurred in the application, t whipli^w^ granted.on the same understanding'«"the preceding case. _ ;'&> , ... lie, JJamks Joiixstone. ' : /,; y,„ Mr l^eetley in this case asked for it to be put at the bottom of the list, as thtfonk rupt had been in attendance, but had pone to,, try and raise^ money for payingrt ne Trustee's fees. ' '■ ■; '>■■■■■ !;- •

His Honor said that -w;s3 a new way t»pay old debts. Th 6 ease- might be altered as requested.

An adjournment was uitimately-'agnttg^b £?otj over.

Bq. Tnos., Cp.Aia. ~ a' Mr Western applied for;: the a^oin^trat of Mr Herbert Ashton as trustee in the pfe of Mr Thomas Macffarla^e^.wlio'wjglwdito resign.' /..' .'. '■■ .--.-.. i - His Honor asked what steps' fyid jMa taken to secure; the assent of the crediton to the arrangement ?, !. .;. ;:. ■•' sai-oi* , Mr Weston said a meeting of; oreditoniMo * 'had proved had been cdiiveitt^by nt^ee, and two per^ofls had bisen nominated foßtfce ( office, one by, the bankrupt, vi?,,' MrC^^d Lewis* and one 'by the creditorsy'.isj^i^lllt Ashton.1 ■■.:'f: '.V.- Ji ; "". •'•■ !'.'-r!.Y:iHii.3f Mr'lßeesfj'iVho' for the bankrapt, said ke' would"not oppose the application, though he would rather, of cdufsl^'iilf'ilr Lewis was appointed. U '""T -?t4* "w His Honor .sa\d. it would- bo-'a^tiffl®ffa bad principle to appoint a trustee nomiuttd by the bankrupt in ppppsilppn|o.iliecreaitOrk.'" l' J"'J -rml.KiJ)

Mr Weston might take the order fOTtho .change ofc brtistee in favour ©f Mr 4ffip».

Mr, Armstrong, represented the bankrupt, Mr Meyer the trustee and one of thscreditors, and Mr J. B. Russell appeared to watch the interests of Mr Schultze. -" £• ,L| The Trustee's report was Jreadfl; JS Juiie 1872 :,;the bankrupt became" but compromised' with , his ■ ycrediforS. He never, however, obtained' his d^acljaSje. Sopn after this he received infbpnationi'af a legacy, of £1000 being left him by a relation in England. In expectation of receiving this he borrowed several sums, giving cheques in return, payable on receipt of the legacy^ On the.3Q.th November the assets were £1019, including the legacy, which had'ftot beaji received, and , the liabilities, were; £64 : lflsf Before the money came out bankrupt had given a cheque.to Mr Schultze foi $450 to be settled on his (bankrupt's) wife; vWhen the cash arrived all the cheques were honoured with the exceptionl of two. An-amountof £290 6dd /could not be accounted ( f or ejefiept thkt the bankrupt had .spent it. in " betting and other,foolish.,waySi'1, si. ~.■..-.■ .■..-■jml^ Tli s bankrupt was placed in the 'WitaeW-'-* box, and swore, to the statement put in as being a, true and. porreet statement of his affairs. ■ H J4^'*& The examination \ras_then begun by Mr , Meyer, a,nd lastedJa long time..., Thf j|eji- ; dencjr Wks 'to "shoN»r. ijhat / the money was borrowed; > uponnthe letter '■ of adviicd* which the bankrupt had received, and that the sum |of/ifi4so had been paid over to Mr Sohnltee for settlemeiitin ail illegal manner; Thefokiik^ rupt admitted that he had borrowed the money oh thfe strength of the' advice,'"But maintained that when ■he obtained the> advance! fropj Mr Abbott that gentleman tola, 1 him he knew he had settled £450oniu^tefei| ife would swear to that statement having been made by Mr Abbott in or previous to ithe«lßth February, when he .had.hisJasttransaction Yrith hiih.