CLAIMS AGAINST A BANKRUPT.

Auckland Star, Volume LVI, Issue 53, 4 March 1925, Page 11

CLAIMS AGAINST A BANKRUPT.

DELIVERY OF A MOTOR TRUCK

Possession of a motor truck and a motor car was sought in the Supreme Court yesterday afternoon, when two motions for delivery to the Official Assignee of property in the bankrupt estate of James McCready were heard by Mr. Justice Reed.

McCready, a Bay of Plenty farmer, was adjudicated bankrupt last August, said Mr. Paterson, for the Official Assignee He was using the two vehicles at about the time of his bankruptcy. Bankrupt's son claimed the truck as a gift, made in 1917. The car was claimed by the wife, under a bill of sale, dated September, 1923. The Official Assignee challenged the gift of the truck. The assignment to the wife was also challenged, and alternatively, if the Court found that the car changed hands for a consideration, the Official Assignee would contend that it was not a bona fide transaction, and had been done for the purpose of defeating the creditors.

Mr. Sellar, for bankrupt, his wife and son, said they were prepared to relinquish whatever rights they had in the truck if the Official Assignee would surrender any rights he might claim in the car.

Eventually a settlement was arrived at. The terms were that the son be ordered to hand over the motor truck to the Official Assignee for the benefit of the creditors, and that Mrs. McCready pay £15 15/ costs and disbursements.