SUPREME COURT

Evening Star, Issue 21580, 28 November 1933, Page 9

SUPREME COURT

CLAIM FOR MONEY LENT Legal argument was heard by His Honour Mr Justice Kennedy this morning in the case in which Henry Henderson claimed £393 Is from Francis Bernard Francis under a deed of covenant. Air A. G. Neill appeared for the plaintiff, and Mr J. S. Sinclair for the defendant. Yesterday afternoon was given for the defendant by William Robert Sellar, manager of the Otago and Southland Finance Corporation Limited, who said lie succeeded Mr A. P. Burdekin as manager. He stated that Henderson had put forward no objection at the last meeting of Francis’s creditors. The plaintiff - had repeatedly asked him when he was to get his dividend. He had no knowledge that Francis was making payments to Henderson until Henderson told him. To Mr Neill; So far no dividend had been paid out John Anderson Sim said he was acting for Francis in 1927. and also for the trustee in the assigned estate. He had prepared the deed of assignment. Fie was- in close touch with Mr Burdekin over the business. He had attended the three meetings of creditors. He could recall that it was Henderson who proposed that Francis be asked to give up his furniture. That resolution was carried. Henderson djd not take any part in the meeting in March. Mr Burdekin took records of the meeting on December 16. Cross-examined, witness said he was not the solicitor for the defendant. He had had the minutes of the second meeting of creditors for about a month. Mr Sinclair had asked him. as the solicitor of the assigned estate of F. B. Francis, to get him copies of the minutes of the three meetings of creditors, Witness said he had prepared the two deeds of assignment. Of the six parties who had signed the original assignment five had signed the second assignment. After hearing counsel this morning His Honour intimated that he would reserve his decision.