SUPREME COURT.

Press, Volume XII, Issue 1501, 31 August 1867, Page 2

SUPREME COURT.

Friday, August 30. [Before His Honour Mr. Justice Gresson.] Se C. E. LeCren. Mr Cottrell applied for leave to file an acknowledgment by Mrs Cecillia E. LeCren. His Honour granted the application, remarking that it was a pity that under the present Act it was necessary that so much expenses should have to be incurred to transact so simple a business. llngdon and another v. Jackson and Another. Mr Wynn Williams applied for a final decree. " His Honour granted the application. Johnstone v. Deans. On the application of Mr Duncan this case was set down for hearing as the first on the list of special jury, oases. Parnell and Another v. Bbswiok and Another. Mr Wynn Williams moved that a final decree should be granted in this case. His Honour granted the application. QaiCE and Another v. White. Mr Garrick applied for leave to enter up judgment. Judgment given for £557 6s 6d, and costs. Tooth v. Chapman. His Honour said that this case had been set down by mistake for hearing this day. The arguments were likely to occupy the time of the Court for some hours, and he therefore I thought that it wouid be advisable to postpone the hearing. J)r Foster and Mr Garrick, the counsel on , eich side, consented that *he case should be heard on Friday, September 20. Be J. S. Ttthnbttll, a Debtor. ' Mr J. S. Williams applied for the usual 1 order of sequestration and vesting. ' Dr. Foster, on behalf of Dr. Dearner, I applied that Mr Frederick Thompson should bo appointed trustee. I Mr Williams said that his client wculd ' much rather that the usual sequestrator } should act in this matter. His Honour made the order applied for, Mr J Walker to be sequestrator. ' Wilson and Another v. McLean, and i I Wilson and Another v. Dank. > ! In both ot these cases Mr Duncan applied < for judgment by default. £ His Honour asked if the judgment* applied 1 for were for the same debt. <

Mr Duncan stated that they were. His i client wished to be in a position to recover 1 against either of ilie defendants. In case the i amounts were piiii by cither party the other ' would not be proceeded against. lie would however apply for costs in both cases. His Honour ordered that judgment should be submitted in both cases, with costs. lie Ukquhakt M*cpherson\ Dr. Foster, on behalf of the trustees in tin's estate, applied that certain sums charged as interest in this estate should be erased The question was whether a sum of £IIUO, charged a 9 interest on advances realised by the 13-mk of New Zealand, could he admitted? Mr G irrick said that the B.mk claimed no such sura, nor did it claim any interest on realised securities. Dr. Foster said that the accounts furnished proved the fact contended for by him. Mr Garriek said that he had asked that the accounts should be given back for revision. He was prepared, on behalf of the Bank, to show that the amounts, although not actually charged in error, should have appeared on tho contra side of the accounts. The costs had already amounted to more than the assets, and he was ready to give credit for the interest objected to by Dr. Foster His Honour said that the Bank was entitled to either interest or discount on the hills forming a portion of the purchase money. Of course, if the bills were not met at maturity the bank would be the loser as in the case of any private company. He would decide as follows :—That the Bank was not entitled to claim interest on any security real-sed for cash, hut when any portion of the purchase money has been secured by bills i interest should be allowed during the currency of the bills at the rate specified in the original mortgages, the Akaroa pr perty, valued at £500, to be taken at that price by the bank. Dr. Foster applied for costs. • Mr Garrick contended that they should be i divided. ' His Honour ruled that, as the delay had ! been caused by the Bank they must bear the > COstS; Se Bebnabd Simpson. ' This waß an adjourned hearing to allow of | the preparation of a deed of composition, r Dr. Foster appeared for the debtor, and asked for a further adjournment. I Mr Harper appeared for Mr D. Davis, a ■ creditor, Mr Nottidge for creditors residing out of the province, and Mr Cottrell for several of the concurring creditors. Mr Cottrell stated that three-fourths of the r creditors had signed the deed. Mr Nottidge said that he opposed, on the . ground of misconduct and reckless trading. Mr Harper said that many of the persons ' who bad signed the deed had not proved their ■ claims. s After hearing counsel on both sides, his ' Honour adjourned the matter for a week. Se M. R. Ash-win, a Debtor. Air Wynn Williamß appeared for the trus- ' tees of Hilton's estate. Mr Wynn Williams applied for leave to prove for £3407 against the estate. Dr. Foster appeared for Mr Johnston, a creditor. ! Mr Cottrell appeared for the debtor. . The debtor was brought up under a writ of habeas corpus. Mr Williams objected to Dr. Foster appear--1 ing, as no notice of opposition had been given according to the rules. Every creditor had had every opportunity of examining the 1 debtor, and if they had failed to do so that was their own fault. Besides, the application I could only be granted according to the rules on a motion. His Honour ruled that Dr. Foster was out of Court. The debtor, examined by Mr Wynn Williams, said —I do not remember stating that I had no other books than those produced at mj previous examination. I had no books except, my bank-book. I swear that I had no other books connected with my private estate. I had books relating to the brickyard, which belonged to my private estate. Shortly before my insolvency I executed a deed of mortgage to my mother for £650. I did so because I could not pay her. I had some funds, but not sufficient to pay her. Whilst 1 was managing for Mr tiilton I was carrying on the. brickyard on my own account. 1 bought the yard from the firm of Hilton and Co. I paid for it by crediting Hilton and Co. with the amount ol the purchase money. I do not exactly recollect the amount. I bought the property on the Ferry road shortly alter I came out I paid for it out of my own private funds. [ borrowed a portion of the funds from my mother. I gave my mother a mortgage for part of the money. In 1865 and 1866 I was in partnership with Mr Hilton, and was carrying on private business—carting. Carting was the only private business that I car ried on. 1 cannot recollect whether I bought any horses or carts from ,Mr Johnston. The sum of £440 7s 81 lodged in the Bank of New South Wales,on April 20, 1866, to my private credit, was money belonging to my private funds, and was not the proceeds of sates made on account of Hilton and Co. I cannot say exactly where it all came from. I borrowed some from my mother. From July 1865 to August 1865 I passed through my private account £555 6s 5d The private account was used also as a means of accommodation to Hi.ton and Go. It was often done, and 1 believe I can show the transactions in the b oks. The item Morgan, £30, was taken oui from Hilton's estate to meet Morgan's biti when due. The money was paid in by thtlinn. I cannot say exactly who paid tin money in. The item £21 Is 4d was also paid in by the firm to meet Machin's mil. Several other items were also paid in for a similar purpose. I was not aware thai the sum of £2100 bad passed through my private account at the Bank. Kennan was a clerk in the office. 1 drew money from Hilton and Co , and paid it into my private account. Mr Hilton also had a private account at the Union Bank. I cannot recollect where each particular item came from. On October 4, 1865, I took up a bill of Forgan and Son's, for £15. On the 13th, I took up a bill of Waite's. The bill appears in the books. If I had had an opportunity of going over the book I could prove that Hilton and Co. owe mc a large sum of money. His Honour considered that the debtor should have an opportunity of looking into the books. A look was here produced and shown to the debtor, who stated that he had never . seen it before to the best of his recollection. It certainly was not his pass-book, although it , might be a copy of it. I swore that my schedule, . as amended, was correct to the best of my belief. Mr Dudley's name appears in my | schedule. If the money has been paid it must | hare been paid to the official assignee. My i book debts are put downat£i37 ss. Mr , Girard did not collect any money from M> Webster for mc. He did not owe mc any money at the time I filed my schedule. He l did owe mc money previously, and I gave t Yates an order to get the money, which was j paid. I think it was on the Ist of March that a I gave Yates the order. Hepworth's account . has been paid, although it has not been entered in the books. Tancred's and other accounts are in a similar position. The reason is that t I had not time to finish posting up the books, i 1 posted from the cheque-book in the yard. r I do not .know where my original bank-book is. [Here Mr Johnston handed over the original paes-Uook.] The entries in the two ° bojks correspond. My book shows that J £2i)00 has passed through my private 0 account from July, 1865, to February, 1867, b-it I have no private books to show how t the money was received. I took receipts L from different persons, and have no doubt but t that I could find most of them. The Look V produced wa3 kept by Mr Johnston ; it n shows that £265 S»s was received in the brick c yard during the three months ending March, r 1867. Other money beside that entered was received. I cannot etate tho exact amount, r but I do not think that it would amount to A £1000. I have no vouchers for the bills that h I have privately taken up. There was a bill v of Stringer's for £29 ss, which I took up. 1 . suppose it must bo now lying in the Bank. Mr Cottrell applied for the final order. He " contended that hie client had laboured under b<

very great disadvantages since the fiUn „ , his schedule. It ,„ ld be „ n in ;,* "'? of to visit, his attorney, and all .„. llUn books had been denied. to «>» Mr Wynn Wi11i,!,,,, opposed, on the Brni , of dishonesty and rookle« trndinJ < " h because the debtor could not m»k f ftl, ° mentofhi, air.ira. The ,Zt V*" % the question* in every n „ Mibl( , „ tran-netlon with Wildcrmotl, clearlr ,> , fraud. lie had admitted having Pr ° T ' d from Hilr >n*s estate to take up * a bnV»i • l had actually been paid to his J* ' *W-h that the pro'eetion of ,|,„ Court ",„. W withdrawn. He considered tl.a a ,?' 9 system of robbery had been carried on W ° the time he had been acting under » „ g of attorney from Hilton. The deb.orE iiive no account wlmt-v-r of h ow M 0 ol , t • U ' l the large sum of £3000 which lud p2 through his private amounts at the Bank There could be no doubt but that Aahiin had pocketed large sums of money v Williams contended that the esse w ftß not™ which deserved the sympathy of the Court the public and ho therefore hoped reliof »„uM be suspended. via Mr Cottrell contended that no partich, act had been proved. The opposition \Z been based on very broad grounds', X thought that the debtor should havoan op D o tunity of going through his books with the Inspector of Bankruptcy. His Honour said that he had no objection provided the friends of the debtor wouM be the expense, and the Inspector were willing The Inspector said that he would nilljL. go through the books with the debtor. His Honour adjourned the case until Tuej, day week, the Inspector promising to attend *t the Lyttel'on gaol with the books, so as to give the debtor an opportunity of explaimn* them. »• Se H. J. Hall, a Dbbtob. Dr. Foster appeared for tho debtor, and Mr Harper for several creditors. Dr. Foster contended that Mr Harper ma [ out of Court as no proper notice had be« given. His Honour held with Dr. Foster. Dr. Foster applied for leave to amend, f Leave was granted, and the. schedule amended. I Dr. Foster applied for the final order. The final order was grauteu. and Mr Wood i appointed trustee. The Court then adjourned.