SUPREME COURT.

Auckland Star, Volume XXX, Issue 30, 6 February 1899, Page 2

SUPREME COURT.

THIS DAY.

SITTING IN BANKRUPTCY.

Before His Honor—Mr Justice Conolly.

Order of Discharge.—Re Jas. Mc Cormick—Motion for order of discharge. Evidence in this motion had been heard on a previous Court- day, when further hearing was adjourned. Mr J. Blades now asked that the application be held over until His Honor's return from Gisborne. Mr Tole, for the Official Assignee, said he had no objection. His Honor granted Mr Blades' request. Re Colin McMillan.—Motion for order of discharge. Mr Colbeck appeared in support. The report of the Official Assignee was favourable. There being no objection the order of discharge was made. Proof of Debt.—Henry Walker- Mitchell (a bankrupt). Motion to admitin the estate proof of debt of Mr Charles Clayton, surveyor, for £226. air Theo. Cooper (instructed by Mr A. Brock) appeared in support. He said that until recently Mr Clayton believed himself to. be a secured creditor, but it appeared his security had not been forfeited. The Official Assignee had intimated that he could not admit the proof of claim without an order of the Court. Mr Dufaur appeared to watch the proceedings on behalf of Official Assignee. He did not oppose Mr Clayton getting future dividends in the estate, but he objected to him participating in past dividends. Mr Tole intimated to the Court that it was an Old matter and he had nothing to do with it, Mr Dufaur had it in hand several years, ago. In answer' to His Honor, Mr Clayton said he thought -there was about £700 more to come. The creditor had received 9/6 in the £'. Mr Dufaur said the difficulty to the Official Assignee was admitting Mr Clayton to share as if he had proved ..at, first, His HopQ? .said he had had many applications to admit proofs of debt, but this was a ■most unusual one.' -The- application was made five years after bankruptcy, and four years after *he order of discharge had been granted. His Honor said he should make the order, but he would not be surprised if some of the creditors appealed against it. Mr Cooper said the creditors would be glad to get. if)/ ih the £ from the estate. Re William Woodlock (a bankrupt). —Motion' to reverse the decision of the Auckland Official Assignee in rejecting a portion of proof of debt. Mr Cooper appeared in support, and Mr Tole on behalf of the Official Assignee. This was an application made on behalf of Mr Victor Harris, of Christchurch, who held a bill of sale over a circus plant owned by Woodlock, which was subsequently seized and sold by auction. The Official Assignee admitted £43 0/7 of Mr Harris' claim. His Honor said the greater part of the claim Ought to have'been allowed by the Official Assignee. Proof of debt was then granted for £86 13/5. SITTING IN BANCO. The Supreme Court Act and re memo, of agreement between Emma Alice Walkdin Thorpe and Stapleton Cotton Caulton. Motion for relief against a forfeiture of the right to i purchase a property at St. Helier's Bay contained in agreement. Mr Campbell appeared in support. He said that the affidavit had been filed somewhat late, and he thought- the best course would be to consent to the motion being dismissed. His Honor dismissed the motion with co^s £3 9/. Mr Cooper appeared to oppose. t