SUPREME COURT.

Lyttelton Times, Volume XXXI, Issue 2606, 12 May 1869, Page 2

SUPREME COURT.

Tuesday, Mat 11. (Before Mr Justice Gxesson). His Honor sat in the Court Chambers eleven o’clock this morning. BE DAT'D RATTRAY, DECEASED. Mr Duncan applied for probate to widow. His Honor made the order. be jonas kino, deceased. Mr Duncan applied for probate W widow. Order made. RE GEORG a OATES GREENWOOD, DB Mr Duncan n»OT«i for P«>^ te of tbf Montgomery, aa attorney executor#. j—Hned to grant His Honor at fl»* decunw

tate but later iu the day Mr Duncan renewed b ! a application ; and, consulting authorities, his Honor granted probate. The difficulty chiefly consisted in the original will having ’been deposited in the Court of Proba-e in England. The personalty in England was sworn under £20,000, and in New Zealand under £12,000. RE THOMAS BARRETT, DECEASED. On Mr Joynt’s application, letters of administration were granted to T. I. J"ynt and H. B. Lane. In Bankruptcy. BE JOHN HBNKT CATON. Mr Slater, on behalf of Mra Fletcher and Mr W. H. Lane, creditors, applied for an order of adjudication and meeting of creditors. His Honor said that the best course ,to adopt would he to take a rule nisi, calling upon the debtor to shew cause, within twelve days, why he should not be adjudicated a bankrupt. Mr Slater asked if his Honor would graut the rule then? His Honor replied in the affirmative. Mr Joynt sa'd he would take service of the rule, in order to save time and expense. BE JOHN HOORB. The debtor, in person, applied for an order of adjudication and meeting of creditors. His Honor made the order as prayed, fixing the meeting of creditors for Wednesday, the 19th May, at two o’clock. BE EDWARD WILLIAM HEDGE. Mr Slater, on behalf of Mr Garrick, applied lor an order fixing the date of last examination and discharge. His Honor made the order, fixing the last examination for the 10th June. BE DAVID SCOTT. This case stood adjourned from Thursday last, for the examination of a witness. Mr Wynn W'lliams appeared for the bankrupt ; and Mr Cottrell on behalf of the trustee, and Messrs Reece and Fyfe, creditors. Janet Neilson, sworn, and examined by Mr Cottrell : I know the bankrupt David Scott. I have had money transactions with him. I lent him money. 1 think it amounted altogether to about £B9O. The whole of that money has been repaid to me in various ways. Mr Scott bought furniture for me, and paid iot it. 1 think I had an account of it from Mr Scott. I think it amounted to nearly £2OO. 1 think the account produced (£190) was produced to me by him. It was soon after I came out here. The price of the furniture came off the money which he owed me. With my consent Mr Scott bought furniture for my daughter to the amount of £SO. That also came off the amount which he owed me. £2OO were sent to me by Mr Scott when I went to the farm. He also bought a piano for my daughter for £52 10s. He also put additions to Richmond house to the extent of £7O. In this way Mr Scott paid the money iu which he was indebted to me.

By Mr Williams: The account rendered ■to me by Mr Scott, amounting to £902, is correct.

By Mr Cottrell : My son had a letter from Mr Scott since his bankruptcy. I saw that letter; I haven’t it with me. Itenclosed the account produced. An acceptance was firen to me by Mr Scott, in order to help me along. Mr Ashcroft would not take that acceptance without a bill of sale from me. The acceptance was dishonoured, and my cattle were sold in consequence. Mr Ashcroft advanced me about £2OO. The cattle were sold for a mere nothing. I still owe Mr Ashcroft some money ; I cannot say how much.

Mr Cottrell stated that the reason why the trustee had subpoenaed the witness was this : a'letter was received by him from Mr Ashcroft, representing that Mrs Neilson had received credit on the strength of a statement that she had arranged with the bankrupt to iget the money which he owed to her. Mr Williams said that he had heard the letter had come from Mrs Neilson, and could mot understand it, as she had been furnished with an account by the bankrupt. If he had been applied to, he would have shown all the Touchers to Mr Graham. Mr Cottrell said he desired to put a few questions to the bankrupt. David Scott, sworn, and examined by Mr Cottrell: 1 had a memorandum-book with me when 1 prepared my statement of accounts. It contained just a few entries of my business transactions. I have last year’s note-book, but it is useless to any one. It is useless because it does not contain the whole of my business transactions. The witness said he would hand over the hook to the trustee if applied to. ■ Mr Graham said he thought he had been fully justified in going to the expense he had done. His Honor said the trustee was perfectly right in the course he had followed. The final order of discharge was then made, and his Honor directed that Mrs Neilson should be allowed reasonable expenses.