SUPREME COURT.

Lyttelton Times, Volume LXIX, Issue 8459, 18 April 1888, Page 6

SUPREME COURT.

IS baskbdptct. Tuesday, Amin 17. /Before Bia Honor Mr Justice Ward.) V DISCHARGED. Tbo fallowing received orders of dia(Mr Earnest Eli- Loxto (Mr Kippenberger for tit- e rr-Vjtn),. Thomas Robinson (Mr SlLerl ?SlW a r Tabor (Mr Weston); Clement Kind ( Mv Auatin )> and DaTld Barker (Mr Izard). bb'»dwih coshead jiouldey. Mr Fisher moved that a certain vesting order mfcht be made absolute. There being no opposition, bia Honor made the order as prayed. -isi- Tgftrd applied for an order vesting ceSnhmdin Alfred Bullook. Mr Fisher,'Who appeared for the ground landlord,' consented. Bin Honor made the order as prayed. JUS,JOHN ALEXANDER IVEDPATH. JJT Deacon applied for an order annullingthe bankruptcy. Hie Honor granted theorder, an affidavit baying bcen’ffled that all the creditors had foflAp paid* * , BE!3TrAnCIS INHKS. Jfj? Stringer obtained an order that questions of fact should be tried tour. ■W?Harper, for the Official Assignee, obtained,-an* order that the jury should be aroeoiakone. Thednahwas fixed for Monday, June 11, s t.lftaaa.m. B* JOBS GILMODR AND JAMES OILMOUR. 1 rpiitf’ bankrupts did not appear to apply for ■'their discharge, though the application ai* former sitting of the Court had beea-adjourned till to-day. , Mr Kippenberger appeared for the ■ nKMuiinr creditors, and asked that the '• bankrupts might be dealt with, although. . they were absent, as they had received ; • notice. ■ HiaHonor decided to hear the evidence. s Tho'Official Assignee, who produced the ~/ifotde*!days’ statfment, deposed: Had.the made under examination by . bankrupts, at various dates. (These - t wore putin.) ■ His Honor read from an affidavit of the Jehtors ■ that the creditors, at a meeting, ~:^%ad v agreed to the application for a diacharge being made. , -Tho' Official Assignee said this was not true. Hia'Honor; “Then this ia perjury. After reading tho Official Assignee’s report, hia Honor said the bankrupts could not hoperfor discharge until matters in the report had been explained. . Mr Kippenberger asked that the bank- ■ rtipts might ba dealt with under Clause Vm .. Ufa Honor would not deal with theta under his criminal jurisdiction with- . out their being present. Was there not a clause in the Act to the effect that no , ' statement made by a bankrupt to the " Official Assignee could be used against .; him in a-criminal case ? Clause 15‘itwaacited. HUx Burns, Manager of the Colonial Bank, Christchurch: The halance-sheets ptoduced had beemaubmitted by the bankjupta to witness, who had given credit on Se strength of them, to the extent of veral hundreds of pounds. Was under a impression that the stock was fairly . bat that patfc-of the farm property kwaa over-valued. The. Bank sued for .£2500 Bankrupts put in a defence, Iwhioh they withdrew. The Bank was put * ■to expcSho and trouble. Tho bankrupts filed orf'the morning of the trial. 1 Mr Kippenberger applied now for, an : adjournment, in order that tbe bankrupts ’might have an opportunity of being present .when he brought their conduct before the Court, under section 171, sub-section 4. Hia Honor granted the adjournment ■ accordingly. tt EE THOMAS MARSH DAVIES. , The bankrupt coma up for public i examination. Mr Stringer appeared for him. Mr Harper appeared for the opposing creditors. In answer to Mr Haider, the bankrupt said 'he Was a commißsionragtint, and had no assets. His liabilities were i£7B. He had previously filed at Dunedin and Auckland, His statement showed that his income was .£4BO, including money borrowed. His expenditure was tbe same 1 amount. Had borrowed money from the Ik Finance Company. Told them his wife entitled to property worth .£4OO year, left her by her father. |C Had seen his father -in - law’s will. SP* 1 Thought hia father-in-law was worth ; over £IOO,OOO, but had since been told that the estate was worth almost nothing. Had borrowed from aMr Bridge a chequer giving-a-cheque in exchange. Told Mr Bridge that money was coming from Wellington. The cheque (bankrupt’s) had not been paid. Had given a Mr Henderson a cheque for £5, which was dishonoured. Bad since ascertained that his balance . at. the Bank then was 6d. The £5 was i for shares which witness never got. To Mr Stringer; Had not known the ®-extent of the encumbrances on his father-in-law’s property. 1 Did not know that come of the property had been settled by frevious deed, when be applied to the finance Company. Mr Bridge, surveyor, proved the dishonour of the cheque. Mr E, Hardy, manager of tbe Christchurch Finance Company, proved the loan of £IOO upon tho statement as to bankrupt’s interest in his father-ia-law's estate. Mrs Davies’ interest was actually £175. To Mr Stringer; Read the will. Got bankrupt’s wife's signature to a bill. The examination was declared closed. BE BKANCXS INNEB. The bankrupt came up for examination. Mr Harper appeared for the Official Assignee, Mr Fisher for the creditors, and Mr Stringer for the bankrupt. " The bankrupt, in answer to Mr Harper, said he had been in business for twentythree years, for nineteen as a brewer and . maltster. Kept books and had a clerk at > one time. Had no clerk for the last two

;'T or three year 3. Kept a day-book and ledger, 1 and delivery-books. Always [kept a bank ;i, account, for ten or eleven years at the , ’ Colonial. Had paid .£783 in during the . „• six months before filing. Had dog the blocks of hia cherpia books. Used to sell bottled be nr to John White, who paid for it

, and sold it on his own account. Hadnorac-mo-xandum of moneys received from White. Might have received iilO a month from White. Had no entry of White's trans- ■ >;i- actions. Believed White obtained hie in bankruptcy hist January. On Job. 7 sold White £194 worth of goods. Had previously given a hill of sale over ' his furniture. Had four yeaia’ lease of tho Standard Browery, Was ejected by force. Was not carrying on business, . What waa done was in bankrupt’s name, but by White. Some of the goods went to tho Victoria Brewery, where the bankrupt lived. White gave cash and bills. Tho bills were not endorsed. One bill, £4413a Bd, went to Smith for wines and spirits, and £37 cash lent in tho beginning of January. Did not enter this in his books. Hie Honor: Books kept in that way are oimply to defraud creditors. Bankrupt: Got £l2O from Leo. Did not know whore White got the £IOO. To Mr Fisher: Was sorry ho knew Mr Moir. Received from Moir 2514 bushels of barley to malt. Charged for 2806 bushels. Moir sued for 916 bushels short. Sold to White the book-debts, including Moir’s account. Waa not aware that Moir had previously claimed for the malt short. "White obtained judgment against Moir. but judgment was suspended pending the settlement cf Moir*s claim for malt. Sold Moir'a account to White because ho wanted _ money; aot to. frustrate Moir’a claim. Wblto <K>t the money from Moir, His Honor; It strikes me as being as robbery as I ever heard of. Ms Harper asked that the examination B frnnjd not be declared closed. ' Hto Honor ordered the bankrupt to utond down, and adjourned the further exptmiaatlon till the next sitting in bank- ■ /^ha-Court adjourned at 3 p.m.