Supreme Court—In Bankrupcty- THIS DAY.

Auckland Star, Volume XVII, Issue 200, 26 August 1886, Page 2

Supreme Court—ln BankrupctyTHIS DAY.

(Roforo His Honor Mr Justico GllHes.

i Motion roit Discharge.—Mr Devorc applied on behalf of Frederick Hichurd Aldcrton for an order of discharge from bankruptcy. Mr Cave (who appeared for the Ollieial Assignco mentioned, at tlio request of the creditors, that no books had been kept by the bankrupt. Mr Devon- said that this win luirdlv correct. The objection wns that lite- bankrupt (a small contractor) had not kept proper books. There was no objection to the motion on the part of the creditors. His Honor read from the Assignee's re-port to show that the bankrupt had kept no hooks, but only a list of ihe prices at which he look tenders. He thought that all debtors should be in a position to produce books showing their position. As the petition for bankruptcy hud only been filed on July 11, he should, in view of the non-keeping of books. suspend the discharge for three months.

Siii.ii'rrou's Costs. -Mr Brussev renewed his application for the allowance of £10 10s as costs for opposing creditors. In doing so he saitl that he hail arranged to divide the amount with Mr Browning who represented the opposing creditors. Mr Cave Intimated that tho Assignee hail no objection, provided the order were mado against the bankrupt and not against his estate. On this condition an orelor for the allowance specified was granted. BaNKR-I'TciuS Ci.ohkh.—The bankruptcies of Thomas Henry Humphries, Thomas livens, antl .lOHoph Longley were declared closed on the motion of Mr Cave.

Hook Driers. Mr Cave applied for an order to confirm the sale of William l.ang Malcolmson's hook debts for £10.- -Granted.

A Novol Application.

lie ihe bankrupt estate of Patrick Gordon (tlcecasoil), late of Whiinguroi. Mr liigbv, en behalf of the Otllciii! Assignee.moved Unit 'i'luis. Huiltlle should be ordered to pay to the Ollieial Assignee the proceeds of the sale of an estate devised by will to John Gordon (deceased). Mr Huddle appeared tor the trusties. Mr Itigby stated ltlis.it notico of tho motion was given on tho LOth May last, and the delay since had occurred in order lo allow of the parties representing John Gordon in Scotland being communicated with. —Mr Itiitlon remarked that scarcely a long enough lime hud been allowed. II was possible that the trustees might not dispute the mailer, bill, nt present, they were hound to dispute the triplication.-Mr ISigby proceeded to Ray that, the application was for an order, calling upon Thomas Huddle lo pny oyer lo the Assignee a sum of ..2,.100, ' which ho had received ns Ihe proceeds of an estate at Wltangarci settled on tho bankrupt l.y his lather in Cnirnflold, Scotland. The leading fuels Involved in the matter Mi- Higb.v then proceeded to stale. Patrick Go don was adjudicated a bankrupt, on his own petition, oil the 3rd Sept.. ISSt, his debts being stated at .ill. KM, and the assets (an interest in his father's will), at „3.oi'-0. Tho debts actually proved amounted to CI.S.SS. In May, lstf. the'bankrupt dictl al the age of L'G, but the bankruptcy of course was not affected by his death, lie was n son of .lolin Gordon, a gentleman residing al Cairn field, Scotland. The father died on Ihe llUh April, 1882, leaving to each of his children a legacy of £,"iOOO. Previously to his death Mr Gordon sent, out his younger son. Patrick (tho bankrupt), to New Zealand to learn terming, paying Mr licit!, of Whangarei, £100 a year to leach him farming, ami allowing his son £5 a month in addition. Subsequently ho provided £1030 for the purchase of tho Cnirntlolel estate at Whangarei. which uf or bankrupt's death, Mr Thomas Huddle (as administrator) sold for £2,300. This was the sum now claimed by the Assignee for tho creditors. Mr ltigby went on to contend that after inn-chasing the Whangarei estate for his son, the father became merely a trustee for him, nnd could not defeat this settlement by any subsequent will. His Honor said I hat if this was the position taken up. the learned gontlcinan would have to establish il by some oilier way than by motion iv bankruptcy. Ho was asked to declare in fact that the testator bail no power to do as ho had done after Ihe settlement. Summary proceedings of such a kind would never be taken by the court when it was not clear that ample .iustico \v;i3 being done. That was not clear in this case It should be a suit, for administration. Mrlllgby said that, under tho circumstances il. might be best to wait until the representatives of the family in Scotland has answered the communication addressed to them.

Mr Button saiel he had been prepared at first to adopt this course, but ho now preferred to go on, having heard Ihe grounds on which notion was being taken. He now begged to apply for

His Honor declined to make an order for costs against tho Official Assignee, saying that the Assignee was justified in taking action for tho benefit ol tho creditors. It was clear that the bankrupt had had an intero; t of some sort in the property, and in refusing the order asked for he left it open for the creditors to take their remedy by an eipiitv suit in the Supreme Court.

The Court then rose