SUPREME COURT.

Lyttelton Times, Volume LXVII, Issue 8124, 22 March 1887, Page 3

SUPREME COURT.

Monday, Mabch 21. (Before His Honor Mr Justice Johnston.) in bankruptcy. IN BK Q. w. BLL. This was a motion to set aside an assignment by the bankrupt to H. G. EU, on the following grounds;— (a) That Q. W. Ell had been adjudicated bankrupt cn August 6,1886. (b) That within six months preceding the adjudication, F. T. Haskins and H. S. Austin obtained judgment and issued execution against G. W. Ell for J 528 6s 3d and J 624 2s Bd, and the writ was returned nulla bona. (c ) That at the time of the assignment, G. W. Ell was indebted to creditors in sums sufficient to support a petition in bankruptcy, (d) That the bankruptcy had relation back, and commenced at the time of the committing of the act of bankruptcy last mentioned. (2) That G. W. Ell at the time of making the assignment was unable to pay his debts as they became due from his own moneys. (3) That the assignment was made by the said G. W. Ell as security to H. G. Ell in respect of a debt consideration for which: was wholly or partly antecedent to the date of the assignment, and G. W. Ell was adjudicated a bankrupt within three months from that date. (4) That at the time of taking the assignment H. G. Ell had notice of the bankruptcy of G. W. Ell. Mr Stringer appeared for the Assignee, in support of the motion. Mr Holmes appeared to show cause for H. G. Ell. Mr Stringer opened the case, and called the following witnesses: —A. E. Blozam, H. S. Austin, P. T. Haskins, and P. L. Friedman, whose evidence proved the facts stated as the grounds for the motion. In cross-examination, Mr Austin admitted having received £7O on June 10, 1886.

In cross-examination, Mr Friedman said that at the time the execution was issued, . Mr G. W.EU lived in Christchurch. Witness did. not go to Ell's house, knowing that he was absent. Could not find oat where he was living, and from previous knowledge knew Ell had no furniture, &c. Gad had other distress warrants, which were not paid. Enquired if Ell had furniture, and could get no satisfactory answer from anybody. Did not take possession of anything. Did not enquire from the police where Ell was living. Did not think it was his business to do so. Could not say how many distress warrants he had served on Ell before these. Could not remember any particular one. could not recollect that he had served one warrant before April, 1886. Thought there were others before that, but could not speak with certainty without the books. George Waldock Ell: Was adjudicated on August 6,1886. Eemembered a petition being entered against him, and adjudication was refused on May 4. On Feb. 25, 1885, a judgment had been obtained against witness for £215 2s 6d by Mr Weston. The money had not been paid. Before April, 1886, witness owed £169 15s 8d to Messrs Holmes and Loughrey. This debt remained still unsatisfied. Witness did not know that execution had been issued against him in the matters of Haskins and Austin. In April, 1886, had about £2O or £3O worth of household furniture in his dwelling-house in Chester street west. Had filed a statement of assets and liabilities in his present bankruptcy (produced). In September had the same furniture as in April. In the statement the furniture was put down at £23. Paid Mr Austin £7O subsequently to May 4, and executed the deed of assignment on June 10. The consideration was £IOO. Did not receive the amount directly from his son. Mr M'Nichol handed a cheque for £75 to Mr Jellicoe on the evening of June 9. Mr M'Nichol was a friend. It was understood that witness was about to assign the judgments. The balance, £25 or £3O, was owing to Mr Jellicoe for costs. Mr Jsllicoe accepted part of the money in cash £8 3a on June 10. Witness’ son paid it and gave an undertaking for the balance of £3O. For the £IOO witness signed the assignment. Might have said in his public examination that the £IOO was paid in cash, because the cheque was paid on June 10. Did not think he could have said the £3O was borrowed from his son a fortnight previously. Mr Latter must have made a mistake. Mr M'Nichol was a bootmaker in Tuam street, and was to look to H. G. Ell. Did not know that Mr Weston could petition for witness’ adjudication, because Mr Weston held a charging order which secured the debt. The £7O paid to Mr Jellicoe was given to Mr Austin. (The witness explained the items in his fourdays’ statement). . Cross-examined: Previous to the assignment had arranged to make it to any friend who advanced £IOO. Produced the cheque naid bv Mr M'Nichol to Mr Jellicoe. £7O of that was paid to Mr Austin. That was the £7O named in the deed. H. G. EU gave a promissory note for the £75. Hi Q. EU subsequently paid £2l 15s to Mr Jellicoe, besides the £8 3a. These sums were paid as consideration for the deed. ■Relieved the promissory note was paid to the extent of £4 13s. The judgments assigned were practically worth nothing in the meantime. . ' , B, C. Latter, Official Assignee; Produced the statement of G. W. Ell. So far as witness could ascertain the assets set down were of no value. Cross-examined: The value of the jndg-

ments was problematical. If the assignment were set aside, witness would i not pursue the actions unless the creditors desired it. The present proceedings had been taken at the request of the creditors Harper and Co., Haskins, and Weston. The deed of assignment was put in, and was to the effect that certain judgments for £l4Bl and .£2120, subject to deductions, were assigned by G. W. Ell to his son, H. G. Ell, in consideration of the sum of £IOO, of whch £7O had been paid to Mr Austin and £3O to Mr Jellicoe. This was the case for the motion. Mr Holmes called Henry George Ell, who gave evidence similar to that of G. W. Ell as to the consideration given for the assignment. He had never heard of the executions of Haskins and Austin in April, 1886. Cross-examined: The actions were assigned to prevent their being stopped. /This was all the evidence. By consent the argument was postponed till to-morrow (Tuesday) week. LAW NOTICES—THIS DAY. (Before His Honor Mr Justice Johnston.) IN CHAMBERS. Re John Robertson, deceased.—For an order for letters of administration, with will annexed, to Alexander Robertson and John Robertson, as attorney for Ellen Hay Robertson, and for the approval of John Jackson and John B. Rutland, as sureties. Mr Martin. Wilkin and others v. Deans and another. —Return to summons of March 17, to hand over furniture to Mrs Wilkin. Mr Stringer. Same v. Same.—Return to summons of March 18. for payment of salaries of employees in full. Mr Stringer. Same r. Same.—Return to summons for sale of merchandise, furniture, &c. Mr Harper. IN BANKRUPTCY. Be Reginald Bray.—For debtor’s costs out of estate. Mr Stringer. Re Philip Behrens.—For an order fixing day, &c. Mr W. Williams. Be William Brooks.—For discharge. Mr Joyce. Be Thomas Henry Garland.—For discharge. Mr Spackman. Be Alfred Piper.—For discharge. Mr Holmes.

[Pas Press Association.] AUCKLAND, March 21. Mr Justice Ward, in opening the criminal sessions this morning, said the calendar was lighter than usual, containing only seventeen charges. There were no offences of a heinous character, one of the most serious being attempted suicide by a woman who complained of her husband's illtreatment; and another charge against a woman from Tanranga, of unlawfully wounding her husband- The other cases were petty larceny, forgery, &c. Catherine Jones, of Tanranga, was charged with stabbing her husband with a table knife. She pleaded guilty of the act in self-defence. This was accepted as a plea of not guilty- Evidence was led, and the jury found a verdict of *' Not guilty.” The Judge, in acquiting the prisoner, advised her in future drunken quarrels to use only the weapons provided by Nature. Sentences were passed as follows: Archibald M'Nair, stealing a boat, an accordion and 2a cash, six months’ hard labour. William Anderson, larceny, of a silver watch and gold chain,, two years’’ hard labour. James Fleet, attempting to Cs counterfeit sovereigns, six months’ d labour. Jane Horne, attempted suicide,, was dismissed. Thomas King, Walter Hardy, and Charles Coleman were sentenced to eighteen months’ imprisonment, for stealing J&25. in cash and ten ounces of gold from John Hughes; a returned digger from Kimberley;. Robert Carr, for larceny, 18 months; William M'Cragher, larceny, two years; Martin Scholler, forgery, seven years; Gordon Forbes, assault and robbery, five years.