THE COURTS-TO-DAY.

Evening Star, Issue 7233, 8 June 1887, Page 3

THE COURTS-TO-DAY.

RESIDENT MAGISTRATE’S COURT. (Before E. H. Carew, Esq., R.M.) William Secular and Co. V. George Esther. —Claim, L 27 IDs, amount alleged to be due by defendant under an agreement to pay 14s in the £ on the sum of L 39 7s lOd due to plaintiffs by Brown and Collins, storekeepers, of Heriot. Mr Gallaway appeared for plaintiffs ; Mr Macdonald for defendant. —John Ross, of Sargood, Son, and Ewen, stated that Brown and Collins were indebted to his firm, and he was present at a meeting of their creditors at the Criterion Hotel on (February 16. Defendant and Mr Low wero among those present. It was suggested that defendant should give 17s 6d in the £ for the estate, and the meeting was adjourned for a few days to enable him to look into the matter. At the next meeting defendant said the estate was not as good as he had thought, and he could offer no more than 12s 6d. Ultimately, however, he offered 14s—payable one-third in cash, onc-third by a bill at three months hearing interest at 8 per cent., and one-third hy a bill at six months at the same rate of interest. It was resolved unanimously that this offer bo accepted. For some six months defendant did nothing in the matter, and witness then wrote asking why he did not pay the first instalment and sign the bills for the remainder. Defendant replied that the conditions had not been carried out, all the creditors not having consented to take the 14s in the £ ; and further, that he had not been able to get from the bank Esther and Low’s bills. Witness wrote in reply that ho conditions were attached to the agreement to take 14s. —William Secular stated that his firm was «. creditor in the estate of Brown and Collins, ■of Heriot, to the amount of LSD 7s lOd. Part of this was due on a bill, and part on an open account. Witness was present at a meeting of Brown and Collins’s creditors, held at the Criterion Hotel. Mr Low presided. The estate appeared to be a good one. After discussion, Brown suggested that defendant should give 15s in the £ for the estate, and the meeting adjourned for a few days to enable defendant to consider the matter. At the next meeting defendant made an offer of 12s fid in the £, but, after discuss! >n, increased it to 14s, and it was resolved to accept this onethird payable in cash, and the remainder in bills bearing interest at 8 per cent. Defendant subsequently refused to carry out the agreement because he could not get the bills out of the bank. To Mr Macdonald : At the first meeting of creditors defendant said he would make an offer if all the creditors agreed to take it, but this condition was not mentioned at the second meeting. The matter was left to Low to carry out the agreement after the offer was accepted. Witness understood that the assent of all the creditors was to be obtained. Ke-examined : On April 26 Low told witness that defendant had received bills from Collins to the full amount of the creditors’ claims, and defendant admitted that such was the case. He added that one of the bills had become due, but had not been paid. Witness and Ross afterwards saw Mr Dymock at the bank. James Ashcroft, Official Assignee, stated that he was assignee in the estate of James Collins, who filed on May 4, Witness had proceeded with the realisation of the estate, having sold some of the goods. Among the creditors was the National Bank, which had a claim of L 261 11s 9d. There was a bill for LSO, signed by Collins, in favor of defendant, Witness examined defendant in connection with the bill, and he said that Thomas Joseph Collins had entered into an arrangement to guarantee the payment during twelve months of 14s in the £ ; that he received bills to the amount of LG4B, signed by James Collins and endorsed by T. J. Collins. One bill for LSO was handed to the bank and was dishonored. The bank ckimed on that. Defendant further said that he only held the bill until the result of an action brought against him to make him pay 14s in the £. He also said that T. J. Collins did not carry out an arrangement made with him. To Mr Macdonald; Mr Brown, of the bank, had not agreed to give up the claim.—George Esther stated that at the first meeting of creditors it was agreed that the whole of the creditors were to accept his offer if it was approved of, and at the second meeting—when bis offer of 14s in the £ was accepted —he specially stipulated that the whole of the creditors were to agree in accepting it. The matter was loft in the hands of Low, and witness told him distinctly that he would not pay a penny until every one of the creditors had signed the agreement and the bills were handed over to him. A deed was to be prepared by which the whole of the creditors were to bind themselves to accept witness’s offer and hand him over the estate. Witness had no more to do with the matter till the deed was submitted to him. In consequence of something he he went to the National Bank to inquire about some hills that Brown and Collins had given to Esther and Low. These were held by the bank, who had discounted them. Witness saw Mr Brown, manager of the

branch bank, explained to him the arrangement made with the creditors, and asked him to hand over the bills. Brown said : “ No, I shall not take 14s in the £, and I shall not give up the bills.” Witness subsequently saw Ross, who asked him why the delay in carrying out the arrangement. Witness replied that Low had told him that he had given the bills to the National Bank. Witness also said that Brown refused to sign the deed, and would not band over the bills till he got 20s

in the £. He had some conversation with plaintiff , also about the matter, but did not remember it very distinctly.. To Mr Gallaway ; After the first meeting of : creditors witness went up to Heriot and looked over the stock. Witness made arrangements with Collins whereby the latter was to endorse bills to secure witness in paying the 14a in the £. He told Collins that pending the completion of the arrangements, all moneys had better be paid into a trust account in his (witness’s) name. Witness refused to take possession of the estate until the .whole matter .was completed. Some money—about I.26—was paid into that account. This account was opened before witness made the offer to the creditors. The LSO bill mentioned by the Assignee was handed by him.to tha bank for presentation, not for discount. Witness owed .the bank some money; but they .had no lien on the bill, which they returned to him when he asked for it.,—Thomas Low, grocer, stated that Brown and Collins were customers of his. At the second meeting of their creditors, defendant agnel to pay 14s as soon as the deed was signed and completed. Witness was instructed to get the deed prepared. He did so, and got it signed by the various creditors. At the time Brown and Collins owed witness about L3OO on some promissory notes, which witness handed to the National Bank for discounting. To Mr Gallaway Witness signed the deed for the whole account due to him. [Left sitting.] CITY POLICE COURT. (Before Messrs A. J. Burns, A. Burt, and J. Elmer, J.P.s.) Drunkenness. Mar yard Vdich and George Cox were convicted of this offence and discharged, and William Fouler was fined 10s, in default forty-eight hours’ imprisonment. Larceny. John Edward Taylor was charged with stealing on the (ith inst., from the Caledonian Hotel, two coats valued at 50s, the property of George Nelson. Accused pleaded guilty, but the Bench would not accept tho pica.—From the evidence it appeared that accused went into the Caledonian Hotel and lifted the coats from the pegs and subsequently pawned them for ss. —Accused asked to have the case dealt summarily with, as ho was suffering from the effects of drink,—Detective Henderson stated that accused had recently arrived from Christchurch, and there he had been convicted some fifteen or sixteen times of larceny and forgery.—Accused was committed for trial.

Unregistered Dogs.— For keeping unregistered dogs William Duncan. Daniel Lewis, James Frew, George Kelly, and James Donaldson were each fined Is and costa ; Jehn N, Merry and William Reid 2s Cd each ahd costs; and John Dudjield 10s and costs. A similar information against William Wright was .dismissed, and two informations against William Mills were adjourned for a week.