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SUPREME COURT.

♦ SITTINGS IN BANKRUPTCY. Thursday, November 16. [Before His Honor Mr Justice Gresson.] His Honor sat in Bankruptcy at the Courthouse, at 11 a.m. Last Examinations—New Cases. RE JOHN NANKIVELL. Dr. Foster appeared for the bankrupt, and applied for a final order of discharge. His Honor made the order. RE THOMAS COLEMAN. Mr Macgregor appeared on behalf of bankrupt, and applied for his final discharge. As the bankrupt had kept no accounts, his Honor made an order suspending the final discharge for two months, and withdrawing protection. RE THOMAS THOMSON. Mr Slater appeared for bankrupt. Mr Jameson appeared to examine on behalf of opposing creditor. The bankrupt, examined by Mr Jameson, deposed—l purchased a property in Colombo street from Mr Deßourbel. Pugh was occupying a portion of the building, and was paying £6f> a year rental. I occupied part of the premises myself. I was to pay Mr Deßourbel £100 iv 1872, and in 187-1 £200, and I think £450 in £1875. There was an agreement entered into between Mr Deßourbel and myself. I gave acceptances for the purchase money at the dates. I have paid some interest on those bills. I sold tbe property to my brother about seven months ago. I gave the property to my brother if he would take over the liability. I received some rent from Pugh, which I handed to my brother. I have received from Pugh some insurance money, which I handed to my brother. My brother was in occupation of the other shop adjoining Pugh's. He was a grocer and confectioner. He paid 10s a week rent to mc. He last paid mc about three months ago. It does not appjar in my six months' statement. On the application of Mr Jameson tbe case was adjourned till December 20. for the examination of the bankrupt's brother, and Mr Deßourbel and Mr Wood. RE JOSEPH ALEXANDER J. MACGREGOR. Mr Slater appeared for bankrupt. Mr Bamford appeared for Mr Osborn, a creditor. Bankrupt, examined by Mr Bamford. said —I have been in Canterbury about nine months and three weeks. My liabilities then were only £.50 or £60, and would not have been pressed for till I could pay them. Those debts are included in my statement. I have had no losses out of pocket. A client may have engaged mc and not paid ; but that is the only loss I have sustained. I have had no sickness in my family. I have sought the protection of the Court because Mr Osborn promised to give mc six months' credit for some furniture. He summoned mc before that time was expired. I told him before that I would be able to pay him by the end of September. When I received the summons, I went to him, and got him to agree to terms, and to my surprise he sent the bailiffs up three day after. I kept them out for five days. I had been pressed by two other creditors, but had paid them before Osborn issued his summons. I expected money from my brother as a loan. I was £36 in debt six months before I adjudicated, and now 1 owe £131 10s 6d. I got into that amount of debt in consequence, of having to settle down in the place. The furniture in my final statement includes the furniture obtained from Mr Osborn. Mr Bamford pointed out that the bankrupt had incurred liabilities without any reasonable prospect of paying. Bankrupt, examined by Mr Slater—l have never received money from my brother, but I have lent him money, which has been repaid, and he led mc to believe that if I required a small sum at any time, he would lend it to mc. Mr Osborn examined—l remember bankrupt obtaining goods from mc. I told him that they must be paid for in three months. I swear to that positively. By Mr Slater—The amount of my debt is £14 4s 4d, and there are £3 10s for Court < expenses. Mr Slater—Did you not swear in October last that you had no security for your debt, svhen at the time you had judgment in this Court, and had possession of goods of bankrupt ? Mr Osborn—l did not think that the judgment was a security. The bailiffs had < possession of a rocking horse, but I thought it ] tvould only go for bailiff's expenses. I have _ever seen a whip. His Honor said that he was not satisfied i vith bankrupt's conduct, nor was he quite i iatisfied with that of Mr Osborn. If he ivere satisfied that bankrupt was to have six nonths credit, it would weigh with him, but •; :he evidence was contradictory. He must i iuspend final discharge for two months, and ] vithdraw protection. i RE EDWARD FOSTER. ; Mr Slater, who appeared on behalf of i said his client was quite unable < o make any arrangement with the Govern- i nent. ( His Honor said that under the circum- < itances he would adjourn the case for six | nonths, so as to enable the Government to ' nake an arrangement with bankrupt. Adjourned accordingly. , The Court then rose. j — — l

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/CHP18711117.2.18

Bibliographic details

Press, Volume XVIII, Issue 2668, 17 November 1871, Page 3

Word Count
854

SUPREME COURT. Press, Volume XVIII, Issue 2668, 17 November 1871, Page 3

SUPREME COURT. Press, Volume XVIII, Issue 2668, 17 November 1871, Page 3