SUPREME COURT.

Lyttelton Times, Volume XXVIII, Issue 2057, 25 July 1867, Page 2

SUPREME COURT.

♦ I Wednesday, Jolt 24. Sitting under the Debtors' and Creditors' Acts. (Before his Honor Mr Justice Gresson.) KSAI HEARINOB. Re Robert Warner, a debtor. Mr Slater for the debtor, said that the estate shewed no* assets, but no claims having been proved he would now apply to the Court for a final order. t After questioning Mr Graham, Inspector in Bankruptcy, as to the estate, his Honor granted the order, Re Martin Richard Ashwin, a debtor. Mr Cottrell, for the debtor, said that a meeting of creditors had.been called, which suggested the appoiutment of Mr W. Treadwell, as trustee.

His Honor had no objection to the appointment of Mr Treadwell, and as Mr Wynn Williams, who appeared for the creditors, concurred in the appointment, the order was made,

Mr Williams, however, objected to the final order being made, and proposed to examine Mr Hilton.

Mr Cottrell objected on the ground that no notice of opposition had been given; and applied for the final order. Mr Williams said he should found his objection on the examination. He would give notice of his application to suspend the order, as in Raphael's case. ' , His Honor objected to this course, as unfair to the debtor, but after a long discussion on the question, finally gave leave to examine Mr Hilton. The objection to be heard on examination, to take place in Chambers, on Friday the 2nd August, after the other business had been disposed of. Re Christopher Dearing, a debtor. Mr Slater applied for the final order under the 6s 8d clause.

The Inspector in Bankruptcy said he could not say at present whether or not there would be 6s 8d in the pound, the principal assets being landed property. Order made; Mr Walker to be trustee. Re Thomas and John Redwood Cooper, debtors. Mr Joynt applied for an order to cede and deliver to the trustees.

On being asked by the Court to report in this case the Inspector in Bankruptcy said the value of the estate was very uncertain at present and he could not report as to its paying 6s 8d in the pound. Order made similar to the last.

Re Joseph Henry Bennett, a debtor. Mr Garrick applied for the final order, and that Mr Wilson be trustee. To this his Honor made some objection, and after hearing the Inspector's report as to the yalue of the estate, granted the final order, Mr Walker being appointed trustee. Re William Roberts, a debtor. Mr Nottidge applied for the final order. He said the debtor was in custody, and he thought the estate would show 6s 8d in the pound on debts proted. The Inspector in Bankruptcy reported that, if cwtara moneys he had applied for from Langdon and Judge and others were paid, the estate would pay 6s 8d in the pound. Final order made; Mr Graham to be trustee.

Re William Dixon, a debtor. Mr Nottidge applied for a final order. There appeared to be 6s 8d in the pound. The Inspector in Bankruptcy said he thought this estate would realise the full 6s 8d in the pound, the book debts being large and apparently good. Final order made; Mr Walker to be trustee. Re John James King, a debtor. Mr Joynt applied for the usual order. Order made; Mr Walker to be trustee. The Inspector reported that the estate shewed considerable assets. Be Edwin Burnell, a debtor. Mr Garrick applied for a final order. Mr Wynn Williams appeared for Mr W. Wilson, a creditor, and objected to the striking out of an interest in £4OOO from the debtor's schedule of assets, being debtor's reversionary interest in that amount after the death of a younger sister. He proposed to examine the debtor on the matter. Mr. Garrick said the debtor must outlive his sister to get any benefit from this sum, and if it was a vested interest it would puss I to Mr Wilson as trustee.

The debtor being called was examined by Mr Williams, and said, he had put into his schedule that he was entitled to the reversion of £4OOO, expectant on the death of Miss Waite, by the will of John George Waite, of London. He had offered his interest mit to Mr Wilson, should there be auy value attached to it.

After some remarks from his Hi nor, the order was made, and Mr Wilson appointed trustee.

Re Charles .Warren, a debtor. Mr W. Williams applied for the final order. There was no estate nor had any creditor proved. Final order made; Mr Graham to be trustee. Re John Parker, a debtor. Mr Nottidge applied for a final order. He thought the assets would realize 6s Id in the pound. The Inspector in Bankruptcy said the asietsin the schedule appeared large, but being landed properties and mortgaged, he could not then state their probable value The only asset realised, the sale of furniture, had all been swallowed up in rent. Final order niadej Mr Walker to bo trustee. Re John Powell, a debtor. Mr Slater applied for the final order. No creditors had proved. The Inspector said thero was no estato whatever, but this was a caso deserving the consideration of the Court, the petitioner having a large family, and nothing whatever, Final order made. He Charles Hopkinson, a debtor. Mr W. Williams applied for tho usual order. Mr Joynt applied, on behalf of Mr Caton, the largest creditor, that he might be appointed trustee. He was the only creditor who had proved his debt, which was upwards Of .£6OO.

Tho inspector in Bankruptcy reported that according to promise, he had written to Dunedin with the view of obtaining an account from Mr Hopkinson's trustees as to moneys and securities, said by the debtor not to have been accounted for, but up to to.day no answer had arrived. Ho (the Inspector) had examined debtor, and quite believed his statement that a considerable sum was due by the trustees of his former estate. Final order made. Mr Caton to be trustee.

Re George Brookcr, senr., and George Brooker, jun., debtors. Mr W. Williams applied for the final order. No creditors had proved. The Inspector thought the assets would pay 6i 8d in the pound. Order made; Mr Graham to be trustee. Re Joseph Brunt, a debtor. Mr Sinter

applied for the final order, as by the •reditora. w Kcomi «eiiflej Mr Walker stated the books had „. handed to him. aa a,"' 8 HoD ° rtli ereupon ordered (leMnM tliemupatonce, and then granjT o^ or «; Mr Walker to be tie? thB N e George Waldock Ell, a 'deht«. William, applied forthe final ord * Ihe Inspector said the value 0 ( ; hp would depend upon the sale of the £.> he only asset ; no debts ! hrjlJ . his Honor granted the final order Air r ?"' to be trustee. , ' ilr Matn He James Herbert Lloyd a <i<h He had been arrested under a wr,r . >, estate exhibited sufficient to emit LV hia his relief. * m,t "> b n tr , His Honor thought notice ouirht ut ut been given. K Wll «! Mr Harper for a creditor objected a. «. was not 6s 8d in the pound. ' tller « The Inspector said there was little estate, one item in the schedule l-\n! v' puted as belonging to the debtor ri 7 share m the Flying Cloud, valued aS ! Ultimately, the final order wa, m X ■ Graham to be trustee. ' IJ ' Re James Wattie, a debtor. Mr ti. applied for the final order. ™ tet applied for leave to Mr Slater objected that he bad „ flt . , notice. ' "''l

His Honor consented to the examination Examined by Mr Garrick •. He said I i," , recently built a house on a fifty-aore 1 of land at Brown', Bridge. '£ e '£ '* house on the land when he sold it n" l the house on it after he had sold it i t ? cost about £l5O. He could not lay JLv came to build this house; perhaps it 2 have been a mistake. He thought he rn ' t get a licence for the house, and tl, X would be able to pay his creditors. BowS was his servant about twelve months aft! he built the house. Bowler was paid f Z 25s to 30s a week. Bowler authorize w (VVattie) to tell people what'he £fe would sel the place for. He could n 3 a licence for the house. The house J3 not have been sold if he had got a lie," i'artof the section was advertised for sik before he applied for a licence for the hou* The property was still unsold. He «« living on it. Bowler was there now as a visitor, and paid him (witness) for his board He knew John Smith, He never told him that he intended to remove the licence from us property to the new house. He had not told him since this action was brought that the house and land belonged to him (witness) He had given promissory notes, which at the time he had no means of paving. Bowler had not given him any consideration f Qt building the house. By Mr Slater: Bowler had not paid part for building the house; Bowler had paid btewart some money for building the house' he put the house up on the footing that he was to apply for a licence for it, and if he got it he was to pay rent after a certain time, when he could make money. By Mr Garrick: He had no furniture at a German's house, or any other house; there was a harmonium at his house, but it belonged to his daughter; he had lately tendered a cheque in payment of an account to Ross, it was for £2O, and was McDonald's; that was since he filed his petition; he got the cheque for the men and horses that had stopped at his accommodation house; recently he saw Mr. Woodhouse. of the firm of White and Co., about the renewal of a bill; he did not tell him that he (witness) would sell this house and land to meet the biU, if necessary; he told him, at some time, that he had Bold the land two years before; he told him the land was for sale, but that it did not belong to him (witness); the land belonged to John Bowler, who had been servant to him; he (witness) sold Bowler the land; he sold the land because he wanted money, he sold it two years ago for £250 cash; the land was mortgaged at the time for £100; part of the money went to Woodhouse, what became of the rest he could not tell; very little of it was due before he filed his petition; he carried on his accommodation house on' tick.'

Upon Mr Garrick'g application the Court ordered that tbe insolvent should attend with his booki in Chambers, on Friday week, further to explain theae transactions. The caie was adjourned till that day. Be Edwin Cuff, a debtor. Mr Slater applied for the final order, Mr Garrick appeared for Mr E. A. Hargreaves, a creditor, and examined the debtor. He said that he had carried on business at the Royal Hotel. Before his sequestration he paid his brother Albert some money. It was for money Albert had advanced to him to carry on the hotel. He had paid him about £3O between Nov. 10 and his sequestration. He bad not paid a large sum to any other person. The total amount of his liabilities is a little over £2OOO, incurred since November last, excepting some rent. The assets were £I6OO. They consisted of book-debts of about £7OO, but many of them were due before he took the hotel, and were taken over by him from his brother, at the time that he took the assets and liabilities of the hotel. He had only a third interest in the furniture of the hotel. Besides these there were about £l5O of liquors and barfittings. There were also 6ome pigs and a mangle. F. H. Melville Walker, examined.—He said the insolvent had been distrained on for rent. The amount of rent due was £350. He thought that was one year's rent. Tim assets in hand were worth about £SO. He bad not yet collected any of the book debts.

By Mr Slater—He expected some assets from a part of the furniture not distrained upon. By Mr Garrick—He thought this would produce about £SO.

Mr SUter applied for the final order. Mr Garrick contended that the estate could shew 6s 8d in the pound, on amount of liabilities.

Mr Slater said the creditors hail, at a meeting, consented to the debtor having immediate relief. He thought Mr Garrick ough} to shew that the estate would not pay 6s Sd in the pound on debts proved. Mr Gnrrick asked his Honor to refuse the application on liis direction; t ! e usual order was made, Mr Walker to be trustee.

Ke Joseph Beswiek, a debtor. This was 8 creditor's petition. Mr Nottidge appeared for the debtor, and said that prior to the previous meeting they could not get a trustee, lie believed the assets would not amount to 6s cd in the pound. He applied for the final order. Mr W. Williams appeared to oppose on behalf of certain creditors. He said the bill of sale mentioned at the previous hearing had not been given np, and until it was, he would oppose the granting of the final order. The case was adjourned till the August sitting. The debtor's protection to be meantime continued.

He Richard Thomas Stanley, a debtor. Mr Nottidge applied for the final order. He said none of the creditors had proved their claiiiis.

The Inspector said there was only sufficient assets realised to pay rent and other preference claims.

Final order made; Mr Graham to be trustee. Re Charles Ceiil Rookes, a debtor. Mr Slater said he was still waiting tor the deed of arrangement, which hud not been returned from Auckland. He asked fur an adjournment. Case adjourned to the August sitting. IDJOURNID CASKS. Re James Travis,« d btor. Mr Slater said that the debtor could not he found, and therefore applied for a further adjournment. Granted. He P. J. Mirehouse, a debtor. Mr Joynt, on behalf of Mr Cottrell, applied for an adjournment until August, as a deed of arrangement was in course of signature by all the creditors.—Granted. He Edwin Warre Millett, a debtor. Mr Harper applied for an adjournment till the August sitting, on the same ground, which was granted. Ho J. W. Shackleton, a debtor. Dr Foster applied for an adjournment, for the approval of" a deed of composition, to be prepsred before the next sitting. Order made.

/4---'-'-V'•:.-••'• Fi'RsVUEARiSGS;"- :''.(;('''■:;,:; B&Thbnias Seareil.'a debtor.; ..Mr Nottidge ipplied for leave -to amend the schedule, and examined the debtor. ... :,-"■('■ 'j *■' Mr Garrick appeared for the Bank, of New. South Wales, a'"'creditor-:;, and Mr Joynt appeared for.-Boßc.rt: Wilson, a creditor. ;■;- The debtor ivaai examined..: v 'By-'-Mr Garrick i There: was: no iiicum brance on the leasehold property' in liis"scho- ■'. Me, but the mortgage: of The life policies in; tl'ie : ' amended;: schedule contained ■the. ages oftjiepersbiie insured.. The policit's are mortgaped'as well as' the.mill; They werejhis policies,, eubject to. the mortgage.; are: omittedJthem; fironi; his schedule, because" he' thought; lu's equity^of redemption, nothing- -■ The policies-were for £1 2<ib. .The mill is let to Mr Watsoni .for.£l4o ayenrwhich was -its'full value, lie received a bill of exchange from Mcllrby. He had'bought;: vheat of him, at, three months and, given cheques;.for it; .ajid./nftenyiirds Mcllrby.. accepted.a bill for the amount of the cheques;; He did /not- give: liis ( bankers'.orders: to: take up Jlcllrby's 'iullj but to tiike up other similar bills■':'(but riot liefore- they, became due. Mciiroy's and \Vils6u's acceptances are the only; :bii(?s (unpaid.;, ;He gave'cheques': for the wheati: .for -;i;'which: 'they ; re-. turned acceptances, (..which were, not paid. He arranged:.:.with. M'.llroy. tp discount the bills accepted by-liiih and;;he made the same: arrangement with -Wilson. -Both these men: jriew what they ; (were about 'when; they accepted tlis bills. .He made a settlement on his wife/in; *'nglnn'd of-furniture. He settledhis dwelling-house on his:%ife,but!that:lia'd been cancelled, aticl". no fresh .settlement(had: been made. The;-dwelling house .as well,as the mill were mbrtgagedythe. mill alone being considered insufficient security.; :.He objected; to giving- up his wife's settlement.of .the; Sir StifTe suggested that after his' mortgage of the house mill his wife should get: and; he; then; consented to;. cancel, the settlement ;He (had riot been : pressed by creditors; he'b.Vrrowedthe : money of-Mr Stiffe.; About, four:.months'. ; after.hemade-the las't.;Bettlement : hisaffairs became embarrassed.

By.MrJb.yntV: Mr Wilson agreed/ to sell huttgrain at three'^™^ him a discountable bill, after' the -< wheat was/ delivered.. When the grain .was brought, he gavea ciieqiie for.it,/but Wilson-accepted the bill first, lie took Wilson's /acceptance arid' discoMedthebill/fpr him.//.Wilson knew what he wasdoiiig. ; ,He';did v not'tell;; Wilson thai he. was making/himself. Jiable for/the: amount of his acceptance:; he .ought to have known that lumstlf. He : did not give his; banker any' instruction whatever; relative, tp his: transactions with Wilson, Heasked him if his banker, would discount his. (witness's)'bill, and' he.said he had, no banker; He was not in the : act of leaving the room; when he signed the. bi11... He was tp have anallowance of a penny//a'-bushel-for dißcpuntrog,tbebill. '//;/. ;;;!!!'!;! : /!'://v. Wm. Crow, examined /by Mr Garrick, said the debtor/had .had his wheat, and he asked him, for/money; /and he/gave.,him (a cheese and a pound note, and told him that if he had. seen him: a : :!.few:dayß before/be :.wouldhave. doubled his bill,/and then if estate paid10s in the pound he would have got. all he owed him.. This was a few days after he made his assignment.. The order made was that the insolvent shbuldwithin three weeks furnish a Dr. and Cr;/statement of accounts for the. last six months before the filing of his petition. .. j ; Ee W. H. Elliott, a debtor. Mr Slater ap"/ plied for leave to amend the schedule, and for the usual order. Usual order made. . /Be James and Flocton Hommerton, debtors. Mr Slater applied for the usual order, which was made. v Re H. J. Hall, a debtor. Dr Foster applied for leave to amend the schedule, and for the usuaTorder. : .Mr Harper appeared to oppose on the part of the" Union Bank, and Dalgety and Co., creditors. .The debtor was examined in the usual form by Dr Foster. Cross-examined by Mr Harper: He called a meeting of bis creditors in February last. He was solvent in August, 1866. He made the-atatement produocd at that time, and between then and the time he filed his petition, his bad debts were very great, but he could not tell the amount. He was engaged in specillations during that period. He shipped goods to the West Coast, and had paid for freehold property. His speculations to the West Coast caused a loss of £7OO or £BOO. He paid for property at Leeston and Riccarton. He paid £2900, but some might have been paid before. Mr Hennah advanced, him £2OOO to purchase the Leeston property, and he had repaid him £1750. He purchased the Riccarton property about ten months ago. The price of the Riccarton property was £2500. He received £2OOO from Messrs Peacock, and paid the rest himself. The property was mortgaged to Peacock and Co. : .Ib the statement produced he Valued his freehold property at £4OOO. The Riccarton property was mortgaged at that time for. £2OOO, which went to the purchase money of the property./ The property was paid for before the 22nd August, when he got the conveyance. His stock on the following February -had. increased.; by. the amount of. moreyhari : £looo..>His!book:s/would shew; that he got the'■' money/ from his-. business;; He did not keep any farming accounts./ The only means of getting at these, wouhibehis bank-book and cash-book; but he thought all his transactions would not appear from these./ He could tell.bow his affairs stood oply by taking stock of all kinds at a ..valuation;;/He .did not debit his .books with a wages account.'/ It was possible that he could, have realised .the whole of his /live stock without it appearing by his books. v/He paid cash pii a Saturday, because the banks closed at one o'clock, and people preferred notes to cheques. .When he made, thestatement in had some trust moneys in his possession.; He. could not say without consulting his books/whether these were'included in the itatement of;his/lUbihW: Wlun he made his statements the bank he believed that his Tarnations were correct, and he still believed so. He was certain itwas : ;nbt./£loi);aßtray. The bad debts made between 22nd : August 1866, and February 1867 /. appeared. in. his books, though they might not.be posted up, but he could cot name the amount.; ..Altogether, his bad debts were about £5000./ He had suffered a loss of JE4OOO by .the depreciation of value at the present time;: Ho made a settlement on his wife two years ago. It /consisted of property at. Hiccarton, »nd ;a section in, High street ; with the; / store,: subject to a mortgage to the Trust, and. Loau Association. The statement he made omits the property settled on his wife. He gave a second mortgage of all /other property to Robert-Hall, of Auckland, since August,. 1866, to; secure £1250 collected by him (witness) as Robert Hall's agent/ The mortgages. on : the two properties amounted to nearly. £6000!.; The two properties cost that amount,,and,two months afterwards they were worth £II,OOO , Mr Harper, applied, for an order to compel the insolvent to produce his books and a statement of account between 22nd August and the time when he called a meeting of his creditors, . //.:

The Court granted theorder./the account by,cbnßent of Mr Hall, to be furaished/within/fourteen days; Such account, to be examined by the Inspector in and verified by him. The usual order was also granted:/to cbn▼ene a meeting of creditors, &c./// He Wm. Thomas Newnham .and ;Wm. Dixon Buddie, debtors. ...Mr J.S. Williams applied for the usual /order, which was made,

r"Re P. W. Foley a debtor. Mr J. S. Williams applied for the usual order which *aamade.

: Re John Martin Thompfon. Mr Slater appeared for. the petitioner, and applied for leave to amend the schedule, and for the usual order.////

...The Inspector examined debtor.as to a section of land and house thereon, stated in s schedule to belong to Mrs Thompson. .He bought the eighth of an acre of'land in opringfleld road in November,'; 1864, from Wm. Brooker. He paid £BO for it, £2O down/ omce then he had paid £6O. He made: the last payment about March 1,1867. \-.>:- '/ The usual order was made./" ~ The Court adjourned at 5 p.m/to the ; 26th august next,