Creditors Secure Additional Funds

Manawatu Times, Volume LIV, Issue 7060, 7 November 1929, Page 3

Creditors Secure Additional Funds

SUPREME COURT ORDERS MONEY TO BE RETURNED. In the Palmerston North Supremo Court, the Hon. Mr. Justice Blair was asked to make an order declaring that £505 3s 3d received by Samuel Hall, farmer, of Apiti, as grantee of a biU of sale executed by Edward Alexander, farmer, of Apiti, a bankrupt, belonged to the estate of Alexander and to direct that Hall pay the money over to the D.O.A.

Mr. Cooper appeared for the D.O.A. and Mr. Onglev for Mrs. Alexander. Hall was not represented. After hearing counsel, his Honour expressed the opinion that Hall was holding the money as an innocent trustee for bankrupt although he thought he was holding it for Mrs. Alexander. There was really no need for devious ways that had been entered into unless it was to cover up moneys that really should belong to creditors. There was a strong savour of suspicion about the' whole of the transactions and people had been brought in who need not have been. As far as Hall was concerned the transactions were free from impropriety—he had been the perfectly innocent trustee.

Mr. Cooper: Hall has been perefctly frank throughout. His Honour: The essence of frankness.

The order of the Court was that Hall pay over £466 11s 3d which was the amount claimed less certain costs to be met.