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THE COURTS.-TO-DAY., Issue 7923, 3 June 1889
SUPREME COURT-IN BANKRUPTCY.
(Before His Honor Mr Justice Williams.}
Jie Alfred Henry Smith.—Motion for order of discharge. On the application of Mr Thornton (for Mr Mouat) this case was ordered to stand over for two mouths. He Robert Webster.—Motion for order of discharge. Mr Callan appeared for the bankrupt.—Order granted. Be Johx M'Lean.—Motion for order of discharge. Mr W. Macgiegor appeared for the bankrupt.—His Honor said the case was one in which the bankrupt should be before the Court, and the case would stand over for I that purpose.
Re Ciiristen Christen sen.—Motion for order of discharge. Mr J. Macgregor appeared for the bankrupt.—The bankrupt was examined by the Official Assignee, after which His Honor said that there was evidence of the bankrupt's not having kept proper books and of reckless trading He filed in December, 1885, and if he had come up for his discharge early in ISB6 there was no doubt that his certificate would have been suspended for two or three years. 'Seeing, however, that that period had elapsed since the bankrupt filed, and that there was no evidence of his having obtained property meanwhile for which he had not accounted, there seemed to be no reason why his discharge should not now be granted. Order made accordingly. Orders of Release.—On the application of Mr Solomon orders were nude in the following cases releasing the Official Assignee, and for the payment into the Publie Trust Office of any moneys belonging to the estates: —Miller and Campbell, produce merchants, Dunedin; George Hally, hosier, Dunedin; George Bertinshaw, htt manufacturer, Dunedin; John Comrie Campbell, miner, Dunedin ; George Joachim, accountant, Dunedin ; Charles Shand, farmer, Dunedin ; George Stafford Mathesou, storekeeper, Dunedin; James Curie, farmer, Dunedin; George Hardwick, carpenter, Dunedin; Matthew Smith, painter, Dunedin ; Matheson Bros.,merchants, Dunedin; John May, confectioner, Dunedin ; Horace Johnstone Kitt, portmanteau maker, Dunedin; Joseph Louis Crequer, laborer, Dunedin; George Caygill, compositor, Dunedin ; Edwin Gibbs, tram driver, Dunedin ; David Calder, contractor, Caversham ; William Thomson, watchmaker, Mosgiel; William Thomson, settler, Green Island; John Wells, hotelkeeper, St. Clair ; John Stuart, farmer, West Taieri ; Robert Graham Murray, confectioner, Dunedin; Hatton, King, and Co., confectioners, Dunedin ; Andrew M'Artney Loasby, chemist, Dunedin; Michael O'Connor, butcher, Mosgiel; James Douglas Scoullar, baker, Dunedin ; Charles Hawthorn, storekeeper, Milton; Alfred Brunton, minister, Dunedin; Thomas Hutchinson, bootmaker, Dunedin; Timothy Hynes, fanner, Fairfax ; William Murr White, stoneware and sanitary pipe manufacturer, Dunedin ; Edward Reuben Bolton, hotelkeeper, Port Chalmers ; Eliza White, hotelkeeper, Dunedin; Ernest Wilde, restaurant keeper, Dunedin ; Thomas Woods, bootmaker, Dunedin; Donald Mackenzie Spedding, auctioneer, Dunedin ; Alexander Robert Livingstone, stationeer, Dunedin; William Matthew Hodgkins, solicitor, Dunedin; Edward Wesley Cochrane, brewer, Caversham; John Leece Moore, draper, Tapanui; Beriah Paterson Robinson, storekeeper, Queenstown; John Draper, farmer, Milton ; Peter Forrester, coal merchant, Dunedin ; John Otto, ironmonger, Dunedin; Francis Leake Clarke, coal merchant, Dunedin ; John Robert James, hotelkeeper, Dunedin; Edward Sprey, hawker, Dunedin ; Henry Thomas Read, hotelkeeper, Dunedin; George Smyth, carter, Port Chalmers; John Charles Mackley, butcher, Port Chalmers; Joseph Wilson, hotelkeeper, Dunedin; Joseph Hastings Kilgour, commission agent, Dunedin; Alfred Augustus Catomore, solicitor, Dunedin ; William Stuart,commission agent, Dunedin; Charles Sproule, carter, Dunedin; Joseph Spiers, baker, Roslyn; Hugh Calder, contractor, Caversham; Edward M'Glashan, gentleman, Dunedin } Francis Porter, hotelkeeper, Caversham; Andrew Turnbull Anderson, builder, Dunedin ; Gilbert M'Nicol, hotelkeeper, Kaikorai Valley; John Bosworth Taylor, painter, Port Chalmers; Wm. Ollernshaw, laborer, Dunedin; John Henderson, boot closer, Dunedin; Wm. Gear, hawker, Milton; William Hutchings, contractor, Dunedin; Murdoch Gordon, horse dealer, Lawrence; James M'Nab, farmer, Kuri Bush; Fred Richard White, hotelkeeper, Danedin; William Gilbert, tea merchant, Dunedin; Patrick Kean, farmer, Kuriwao; Joseph Lowden, engineer, Dunedin ; Daniel Ross, watchmaker, Dunedin; Hugh Mitchell Clark, shepherd, Marybill; Alexander Montgomery, carter, West Harbor; Wm. Henry James Rasell, wheelwright, Caversham ; George Ottaway, contractor, Romahapa; Thomas Robert Murphy, elerk, Dunedin ; Margaret Deudney, widow, Dunedin; Philip Cahill, Lawrence; James Taylor Glen, livery-stable keeper, Clinton ; Albert Dornwe'l, butcher, Duoedin.
Re, Thomas Anderson.—Motion for order declaring certain dealings of the bankrupt with C. and J. Coombs fraudulent and void as against the Official Assignee. Mr Thornton appeared on behalf of the Official Assignee; Sir E. Stout on behalf of C. and J. Coombs.—Mr Thornton said that the dealings in question took place daring the three months prior to Anderson's bankruptcy. Coombs and Co. had been financing the bankrupt for a year prior to the bankruptcy, and the latter at different dates received cheques from Coombs and Co., while giving them at intervals bills and promissory notes received by him from various customers of his. Shortly prior to tho bankruptcy Coombs and Co. began buying goodß in somewhat large quantities from bankrupt, and wished to make out that they had paid cash for them ; but counsel said that they had not really done so, and in support of his contention would submit the statement made by Coombs at the meeting of bankrupt's creditors, and also a statement prepared by the Assignee of the actual transactions. Sir R. Stout remarked that this statement was utterly wrong, inasmuch as his learned friend had not given credit for bills that were dishonored. —Mr Thornton said that he had not been able to ascertain from Coombs and Co. what bills were dishonored.—His Honor said that if the statement did not contain particulars of the bills that were dishonored it could not be a correct statement. The accounts between the parties were then gone into at great length, and evidence was given by the bankrupt, William J. Croft, and the Official Assignee—the last-named witness admitting that the statement prepared by him could not be absolutely termed fully correct, though it was a fair statement of the main transactions between the parties. [Left sitting.]
RESIDENT MAGISTRATE'S COURT.
(Before E. H. Carew, Esq., R.M.)
Lionel D. Cox v. Thomas Sullivan.— Claim, L 5, for 100 copies of the song ' The old flag.'—Mr Stanford said that he appeared for plaintiff, and would ask that the ease be struck out.—Mr Solomon said that defendant did not admit the ciaim.—Case struck out, with 10s Gd costs to defendant. John Ross (Mullocky Gully) v. Mount Hyde Gold Mining Company.—Claim, L2B 3s 9d, for work and labor done. Defendant paid LI 8 7s and costs into Court, and put in a set-off of L 3 7a 7Jd for goods supplied, cash paid, repairing a cart, and a man's time for two days in shifting quartz. Mr Eraser appeared for plaintiff ; Mr Sinclair for the defendant company.—Mr Eraser having opened the case, called plaintiff, who said that he was a carter and small contractor, and had been carting quartz for the company at 4s per ton. He claimed in this action to have carted 173 tons 9cwt. He had had 132 loads, which he said came to 173 tons 9cwt by weight. He ascertained the weight by weighing two loads of the stuff, bucket by bucket, on steelyards. It was not picked stuff that he weighed. Miller, the mine manager, complained that plaintiff was not carrying enough stuff in a load; that was why he weighed it.—James Robertson, who had helped to weigh the load, said that the weight was 26cwt, alter making ajl deductions.—Mr Sinclair said that as he was instructed he would be able to show that the quantity carried which was the principal matter in dispute was not nearly so larce as that claimed for by the plaintiflj and that ths
sum paid into Court was sufficient to pay for tho quantity actually transported.— Evidence was given by Matthew Begg, who stid that the smaller of the diays used by plaintiff would hold twenty-four cubic feet and the other dray twenty-five cubic feet. Assuming that eleven loads of tho stuff were carried in the larger dray, and tho rest of the loads h> the smaller dray, the quantity carried would be 126 tors.—Mr Sinclair also called Peter Lyders, Malcolm Miller, William Lodge, and Thomas Begg, after which Mr Fraser obtained leave to recall plaintiff and witness Robertson.—His Worship was about to deliver judgment, when Mr Fraser said that if the other side would consent to an adjournment he would undertake that plaintiff should bring down the very dray that had been used, with a load of the quartz, and have it weighed over tho weighbridge. Plaintiff was very positive as to the accuracyof his statements.—His Worship said that Mr Eraser's offer was a very fait one.—Mr Sinclair agreed to the proposal, and the case was adjourned by consent until Friday next. Francis J. Sheridan v. Kempthorne, Prosser, and Co.—Claim, LlO 3a 4J, for wrongful dismissal. Mr Wilkinson for plaintiff; Mr James for the defendant company.—Mr Wilkinson said that plaintiff wa3 a chemist's assistant, and had been in the employ of the company at a monthly Balary. At the beginning of this year he received extra holidays from the 4th to the 7th January, and went to Christ•hurch. On the sth, a Saturday, he sent a telegram to the firm " Will you kindly extend leave until Wednesday, having urgent business." The telegram also gave plaintiffs address, and a reply was prepaid. There waß ample time if a reply had been sent on the Saturday for plaintiff to have reached Dunedin by Monday morning, by catching the boat at Timaru ; but he got no reply until Monday, when Mr Kempthorue wired him "Gave you three extra days; you then take French leave ; afterwards ask permission ; shall not require your services again." Tho question was whether Mr Kempthorne had the right to discharge plaintiff owing to his not returning.—Plaintiff having been partly examined, His Worship intimated that he was unable to sit later than 4 p.m., and the further hearing of the case was adjourned until Wednesday. CITY POLICE COURT. (Before Messrs J. Hyman and B. Hallenstein, J. P.s.) DkiiSKENSKSs.—For this offence a first offender was dealt with in the usual manner. David Chambers (one previous •onviction), Emma Stacey alias Law. (fourteen previous convictions), Christian Vechl (eight previous convictions) were convicted and discharged, the Bench remarking that if they appeared again in Court they would be severely dealt with. Neil M'Khmon (oue previous conviction) did not appear, and was fined 10s, with the alternative of forty-eight hours' imprisorment. Stealing Firewood. —Joseph Tibbies, with three previous convictions, was charged with stealing this morning one bag of firewood, valued at Is, the property of Martin and Watson. Accused pleaded guilty, but said iD extenuation that he could not obtain sufficient employment to keep him, and passing the timber yard this morning ho saw the gate open, and was tempted to steal the wood. Sergeantmajor Beviu said that considerable annoyance was caused to timber and coal mer•hanta by tho frequency of these petty larcenies.—The Bench said that accused's excuse would have received due consideration had this been his first offence. There were other convictions on charges of a similar nature recorded against him, however, and he would be sentenced to one mouth's imprisonment. Bseacu of the By-laws, Sydney Thompson, a cab-driver, \vas charged by Constable Ruttledge with unlawfully plying for hire when oti* tho authorised stand.— Defendant pleaded not guilty—The evidence of Constable Ruttledge and John Howard, a cab-driver, went to show that on the 25th ult. defendant moved off the cab stand at Brown, Ewing's corner, and called out for passengers in the middle of the street, the vehicle having been stopped. The practice, it was stated, was known as " duckshoving," and defendaut, who had been convicted thirteen times on charges of a similar nature, was a source of much complaining on the part of the other cabmen.— For the defence John Larkin gavo evidence, in the course of which he said that he ordered defendant to stop, wituess being a passenger. Witness hoard defendant crying out " Caversham and Cargill road," but no other passengerß were picked up.—Defendant said it was impossible for any cabman to drive off an authorised stand at tho rate btipulated—namely, six miles an hour—by tho by-laws. He was ordered to stop by the last witness, and he could not-refuse-Defendant was fined 10s, with costs ; one month allowed in which to pay the fine.
THE COURTS.-TO-DAY., Issue 7923, 3 June 1889
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