SUPREME COURT.

Lyttelton Times, Volume XXXVII, Issue 3568, 25 June 1872, Page 2

SUPREME COURT.

IN BANKRUPTCY. Monday, Junk 24. (Before Mr Justice Gresson.) His Honor sat in the Court Chambers at 11 a.m.

Last Examinations EE JOHN O’MALLEY.

Mr H. Slater applied for a final order of discharge. In reply to his Honor, bankrupt said he attributed his bankruptcy to illness. He had been ill for four months, during which time he had been unable to earn anything. He had a wife and three children.

There was no opposition, and his Honor made the final order of discharge. KE JAIIES HAIH. Mr Cottrell appeared for the bankrupt. Mr James S. Williams said he appeared on behalf of Mr William Wilson, for the purpose of examining the bankrupt. Mr Cottrell said that he had never known of the debt in question. The debt had only been proved that morning, and he was in total ignorance as to what the debt was. Bankrupt, in reply to Mr Williams, deposed: My wife expects money out from home —about £2OOO. My wife is entitled to that legacy for her separate use. I have told the trustee that there was some money coming to my wife. I don’t know that I told Mr Walton that the amount was £3OOO. I have not a letter in my possession stating that the legacy is £3OOO. I have shown a letter stating that upwards of £9OOO had been realised, and that the amount would be divided amongst the residuary legatees. My wife is one of the residuary lagatees. The will was made 14 years ago. A copy of it is in Tasmania. I have no doubt I can procure a copy of the will. My wife would, I think, be willing to pay half my liabilities. In reply to his Honor, Mr Walton stated that the deficiency would amount to about £7OO, if a few more book debts were paid, but these were very doubtful. Mr John Anderson became security to me to the extent of £3O. Mr Gl. Harper said he appeared on behalf of Mr Robt. Wilkin, to oppose the bankrupt’s discharge. Bankrupt, in reply to Mr Harper, deposed: I filed on the 6th of March. About ten days before filing, I borrowed £4O from Mr Wilkin. I did not inform him at the time that I was in difficulties. I had no reason to suppose that he knew I was in difficulties. He lent me the £4O without asking me any questions, aad without security. I expected to be fully able to meet that liability, by the collection of the debts that were due at the end of February. I gave Mr Wilkin a post-dated cheque. I did n*t file before the cheque became duo; lam sure of that. Proceedings were threatened against me by Mr Savage, who held a bill of sale, before I got the money from Mr Wilkin. I had not parted with any of my property at that time. All the property belonging to the business was included in the bill of sale to Savage. 1 don’t know that I had funds at the bank at the time I got the money from Mr Wilkin. The book debts were included in the bill of sale, and I was consequently debarred from collecting them. lam quite sure I had not an overdraft at the bank at that time. My impression is that I filed after the cheque was payable. The case was adjourned for a month, without prejudice to the opposing creditors, in order that some arrangement might bo come to, bankrupt stating that his wife was willing to assist him in paying his debts to the extent of 10s in the £.

RE THOMAS WALKER WILKINSON,

Mr Joynt, for the bankrupt, stated that no accounts had been filed through a misapprehension on the part of the bankrupt. The ease was adjourned until the 18th July. RE IIARRY DANIEL MANNING.

Tho bankrupt applied for a final order of discharge. In reply to his Honor, the bankrupt said he attributed his bankruptcy to tho pressure of two creditors at Timaru, on account of debts incurred between three and four years ago. He was burnt out at Timaru, and was not insured for a single shilling. There was no opposition, and his Honor made tho final order. RE ALEX. COWAN. Mr Joynt applied for a final order of discharge. Mr Jameson appeared to oppose on behalf of Mrs M'Kay. Bankrupt, in reply to Mr Jamosou, deposed: I took possession of tho Royal Hotel on the Ist of January, 1872. I believed the business would pay its way from tho statements that Mrs M'Kay and herself gave me. I asked to see the books on two occasions, but they carefully refused to let mo see them.' Mrs M'Kay'a son gave mo to understand in writing that the income during tho year 1871 came to £35 a-woek. It didn’t come to within £ls of that. I was to pay £250 a-ycar, and a deposit of £SO on the furniture. I was to pay £ 100 and odd pounds for tho furniture. Tho furniture was to bo paid for at the rate of £IOO a-ycar, a deposit being made of £SO. I gave a‘ bill for another £SO, which was not met. I had £7O of capital when I look tho hotel. Previous to tho second bill falling due, I filed my declaration, without any notice to or arrangement with Mrs M'Kay. By Mr Joynt: Before taking tho hotel 1 had several conversations with tho Kov. Chas. Fraser. Ho know that I had not much capital. Ho sold tho furniture to mo. I filed my declaration because I saw that tho house

* ,n< * * did not wish to go further into debt than I could avoid. His Honor said the bankrupt should not have gone mtojmch a largo undertaking without capital. There was nothing in the caso beyond a great want of judgment on the part of the bankrupt and he would therefore make the final order of discharge. Order accordingly. HK EOIIKRT NEWTON. Mr H. Slater applied for a final order of dißchargc.

There was no opposition, and his Honor made the final order of diseharge.

UK FEED. Wif. JIATIUCWS. The bankrupt applied for a final order of ducharge.

• Mr Garrick appeared on behalf of the superTisors. t

The bankrupt, in reply to Mr Garrick, deposed that, he sold his last season’s grain to Wood and Cunningham, who held a lien over it. He filed in March, and delivered his grain about a week before he filed.

The bankrupt was examined by Mr Garrick at considerable length. Ilia Honor suspended the order for two months, HE JOHN VICKERY. On the application of Mr Thompson, this case waa adjourned until July 18. EE EICHAUD FKHKAM AND ROBERT BLAKE. Mr Jameson appeared for the bankrupts and Mr Garrick on behalf of Messrs J. h! White and Co., creditors. Mr Garrick examined the bankrupts at considerable length, and his Honor adjourned the case until July 18. EE AIIIKL a. HOWLAND. This caso was adjourned until July 18. EH JOHN WOODHII.L. Mr H. Slater applied for a final order of discharge. There was no opposition, and his Honor made the final order of diseharge. EE EOBEET HARPER. Mr H. Slater applied for a final order of discharge. There was no opposition,JJmd his Honor made the final order. BE PKTKE MCKENNA. On the application of Mr Joynt, this case was adjourned until the 18th July. BE WILLIAM ALFEED CEOOKB. Mr Joynt applied for a final order of discharge. There was no opposition, and his Honor made the final order of discharge. EH HENRY HAMILTON KNOWLES. Mr H. N. Nalder applied for a final order of discharge. There was no opposition, and his Honor made the order. UK THOMAS KHSXKVKN. Mr Jameson applied for a final order of discharge. There was no opposition, and his Honor made the order. EE JAMES TODD. Mr Eamford applied for a final order of discharge. His Honor made an absolute order, with suspension for one month. EE EDWAUD FOSTER. Mr Slater applied for a final order of diseharge. His Honor: Has Mr Foster satisfied the •ovemment ? Mr Slater; Ho; your Honor. He is unable to do so. His Honor; Then I will dismiss the petition. I told him I should do so. Mr Walton, in reply to his Honor, said that kc had £2O in hand from the estate. The Government were really the only creditors, there being only £6 beyond the debt owing to them. His Honor said that in that case he would not dismiss the petition. He would make an absolute order, with suspension for one year. Order accordingly. The Court then rose.