DISTRICT COURT.

Nelson Evening Mail, Volume XXII, Issue 240, 11 October 1888, Page 2

DISTRICT COURT.

[IN BANKRUPTCY.] (Before His Honor Judge Broad.) Re Myles M. Dixon.—Mr Pitfc applied for the bankrupt's discharge. His Honor said there appeared to be a fatal objection to granting it iv tbat the wages had nob been paid. The Judges of tho Supreme Court were of opinion that whether they had proved or not; it waa necessary that the servants Bhould be paid* Mr Pitt pointed out that this was a peonliar case as the prinoipsl assets oonoisted of an hotel which bad been accidentally destroyed by fire since ib passed into the hands of the Assignee, who had tried but failed to get id insured, Bat for this there would

hftve bean ample aeaetsto pay all the wages. Ilia Honor s&id that waa a different m*t- ' ter, aa th-i property had actually pas^'d into be AsH^gu-.e'n iiaodf, a d ho thought it would be hard on the bankrupt to refuse his rlteohfirii?.— Ordr granted I Jin Trn:ims Gowlry, — Ou 'ha application | o* Mr Pitt nn ordrr for tbo bankrupt's dieI charge wub granted. | lie John Goldiog.— Mr Fell applied for | tho bu.i knipt's disohs-rg-e. His Honor said tba-/ tlie Aonignce in hi?, report omplained that the bankrupt had, ! shortly Iv fore filing, transferred a contract he httd evideut : y wifci the intention of puiing ir, nut of the ie;ch of tbe cro itor?, but that tio (the Aseignte) go?, wind oi' wrafc was going on and completed the coutraot thereby realising £50 for the f ßtate. Fell said he would put tho bankrupt into the box to give his version of tbe mater. Jotni Qolding : I am a miner Rnd contractor t-t Collingwood. I did not asake over tbo contract in the way suggested by the Assignee. The contract wss for driving & tunnel for the Johnston 'b United. It never paid. I knocked off working bur. my mates said they would pay me wages. We had stopped before beciußO wa, could not geipaid. I t.irew up n:y ahcre a'togetber. I did no!, regard it as of &ny y.ilue, My mntns p'id bi« 6a a tJay, Tfio ground got sottcr after tbo A*?i?neG t.ook poaessim. The AFsigne9 : After Golding became bankrupt and I claimed the contract his mates threw it up, and I had to take it up for the benefit of the estate. Mr Fell : Tho Assignee happened to be extraordinarily lucky in getting on to a soft piece of ground and so making money out of the contract. There is certainly no evidence whatever of any attempt at fraud. His Honor: The Assignee did quite properly in bringing it before the Court, but I doa'c think there appears to have been any attempt to defraud tho creditors. Under the circumstances I feel justified in granting the order, Me Jame3 Coffry. — Sir Cooke applied for the bankrupts discharge, eaying th^c he was in the unfortunate position, tt^at he bad a lot of furniture which oould only be sold to advantage to his sacceffor in the house, and as yet tbe Assignee had not b 91 able to flad a purchaser for the license, The Assignee r sported that tbe bankrupt, appeared to h&vo got into difficulties through going into a business which he did not underslaud. Ho bnd not exercised proper supfrvisioa and consequently ban business had grfiduuUy drifted from him. There wob no objection on tho pan of the creditors to the disohartre being granted — Order granted. Re Jeeee Houtaell. — Ou the motion of Mr Pitt au or.ier for the bankrupt's discharge waa granted. lie Thomas H. Hurley.— Mr 0. Horley moved for an order of discharge, saying that a reoolution had been passed at a meeting of creditors allowiug the bankrupt to retain his furniture, and recommending hu discharge. His Honor said the Assignee reported tha l ) tho bankrupt had given a bill of sale to Mr W. Harley orer a considerable portion of his furniture and other articles very shortly before hie bankruptcy, and that tho assets shown in tha aUtemani fllrd were marly ell Tuln'-les?; that the bankruptcy wm owing to the fall in tho price of hope, which tendered it impossibl« to ocltir&to them &b a profit, end still more to the failure of the bankrupt to give pr«per attention to his bapineßP. Mr C. Harley explained that the bill of sale had since been surrendered, and that Mr W. Harley had purchased a nnmbe): of the articles it had covered. Order granted.