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SUPREME COURT.—lnsolvency.

MONDAY, SEPTEMBER 30. ~ (Before His Honor Mr. Justice Mooro.) IN BE CLEVELAND PERCY QREKN, BREWER, OF HAMILTON, tfAIKATO. . Mr. Mactionald appeared for tho insolvent (at presont confined in the Debtors' Prison, at the suit of Mr. J. C. Morrin, for the sum of £40 9s 3d) and pi eeentcd hip petition, praying for sequestration of tho estate for tha benefit of creditors, and also for his discharge from custody.' Tho liabilities were stated to be admitted debts £228 16s 3d, disputed £29, total £258 2s 3d assets, debts due to the petitioner, omitting bad and doubtful ones, £74 '5s 3d ; real and personal estate £132 10s, total £20G 15s 3d, leaving a deficiency of £51 7s. The'causes of failure were stated to bo depression in trade. Mr. Weston appeared to oppose the application fsr the petitioned discharge from custody, and Hsbed lor an adjournment in order to enable him (Mr. Weston) to reply by affidavit to the application.

His Honor said it wasnothis intention to leave.for Wellington before Thursday next, he would therefore gi'»n; an adjournment unlit Thursday. IN BE ALEXANDER <IUHILL^ In this ceg', nt a former sitting,of the Court, Mr. Macdonald had presented a petition from John Waymouth, official liquidator of tho Great Independent Gold Mining Company, prayirig for sequestration of the estate of John Quhill. His-Honor had granted tho application, unless cause was shown fp tfia contrary at this sitting of the Court. ■Mr. MacCormiok who f nppearod for the dobfor, applied for hia discharge until the day of hearing. He stated that the debtor was a foreigner, and felt himself to liavo been badly treated by the GvI.G.M. Company, from which ho hud, roceivod no , benefit whatever.

Mr. Macdonald applied tliat as caase had not been shewn to the contrary, the application for sequestration of. the estate -which was made in the form of a rule nisi should be mndoi absolute. , He (Mr. Macdonald) was instructed by Mr. Rodgerß, solicitor to tho Company, that the debtor-bad said while in custody that he had money of his own ' which he would make sure the Oompnny should not have the benefit df. He would ask that the debtor's discharge from custody should be postponed until inquiries could be made respecting this matter. , His Honor inquired if Mr. Macdonald had received any notice of the application for the debtor's discharge. ' ' , , , • Mr. 'Macdonald replied in the negative, and asked that the case should be. allowed to stand over until tp-morrow (Wednesday) in order to ascertain whether or not the rumors with respect to the debtor being in possession of funds could be substantiated. The enso was accordingly adjourned, with the Consent of the other side, i; , HE MACKY AND DACBE,, i . , ■ _Mr. Macdonald who appeared for all parties, applied to have thedayof hearing fixod for. the 13th November next, with protection to tho defendants in the meantime. Ordter made. ' The Court adjourned until this morning.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZH18671001.2.21

Bibliographic details

New Zealand Herald, Volume IV, Issue 1210, 1 October 1867, Page 4

Word Count
487

SUPREME COURT.—lnsolvency. New Zealand Herald, Volume IV, Issue 1210, 1 October 1867, Page 4

SUPREME COURT.—lnsolvency. New Zealand Herald, Volume IV, Issue 1210, 1 October 1867, Page 4

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