DALEY'S BOND WARRANTS.

New Zealand Herald, Volume XXXVII, Issue 11432, 24 July 1900, Page 6

DALEY'S BOND WARRANTS.

CLAIM AGAINST EHRMAN.

WARRANTS TO BE RETURNED.

At the Supremo Court yesterday, before His Honor Mr. Justice Conolly and a jury of 12, .John Lawson, official assignee in the bankrupt estate of Charles Grant Daley, recently a draper in Auckland, brought an action against Joseph Ehrman, of this city, and the Mosgiel Woollen Factory Company (Limited), for the recovery of certain bond warrants.

Mr. Theo. Cooper appeared with Mr. W. J. Napier for tlio plaintiff; Mr. J. R. Reed, instructed bv Mr. Gregory, for Ehrman ; and Mr. F. E. Baume for the company.

The statement of claim set out that on or about the 23rd day of December, 1899, Daley then boing a person unable to pay his debts as they became duo, did, with a view to giving the defendant Ehrman an undue preference over the other creditors, transfer and deliver to him 10 bond warrants representing drapery goods of the value of £3566 lis 9d. Within throe months of such transfer Daley was adjudged a bankrupt. Since receiving the warrants, Ehrman delivered the warrants to the defendant Mosgiel Woollen Factory Company (Limited), and the said company held them at the time of trial. The plaintiff prayed (a) that the transfer from Daley to Ehrman might bo declared fraudulent and void as against the plaintiff; (b) that tho defendants, or such of them as possessed the warrants, might be ordered to return them to the plaintiff, or to pay to the plaintiff the value thereof, to wit, £3566 lis 9d, in case possession of the warrants could not bo had.

After Mr. Napier hntl opened plaintiff's cose and formal evidence had been given, counsel obtained an adjournment for two hours, to see if they could not agrco to shorten the case.

When the Court resumed Mr. Oooper announced that the matter had been arranged, and the case could ho struck out.

Mr. Baumo concurred, and His Honor then struck the case out.

Tlio baste of the settlement is, it is understood, that the defendants hand ovor the bond warrants to tho official assignee to the value of £3600; that tho official assignee pays the Mosgiol Company £500, being 10s in the £ on a debt duo to them by Ehrman; and that such £500 is to bo dcductod from the claim on Daley's estate put in by Ehrman.