BANKRUPT AND BROTHER.

New Zealand Herald, Volume XLVII, Issue 14530, 18 November 1910, Page 6

BANKRUPT AND BROTHER.

AN ALLEGATION OF FRAUD. [by TELEGRAPH.— ASSOCIATION'.] Wellington, Thursday. Fraud was alleged in a motion which came before Mr. Justice Cooper, in the Supreme Court to-day, in which ; Isaac Vinegard (bankrupt), and his brother, Abraham Vinegard, were the principal parties. The former was recently adjudged bankrupt on his creditors' petition, ; but so far no trace of his whereabouts has been discovered. The motion asked the Court to set aside and declare fraudulent and void an alleged sale and transfer of stock, goods, and chattels bv the bankrupt to his brother, Abraham for the sum of £240. The alleged sale took place on September 27 1909. Application was also made for an order declaring that the goods should be brought by' the official assignee into the estate of the bankrupt, on the ground that the said sale and transfer was fraudulent, and not bona fide, or for valuable consideration, and that at the time of the alleged payment of the purchase money Abraham Vinegard had notice of bankruptcy committed by Isaac Vinegard before such alleged payment was made. , Mr. Toogood, in explaining the case, said that Isaac Vinegard was reported to have met with an accident and gone to Rotorua for a holiday. He -had: not. returned, and a warrant was issued for his arrest at Auckland, but so ; far bankrupt's whereabouts had not been discovered. There was also a strong presumption that the money paid for the business was given by Isaac Vinegard to his brother secretly and was then handed back in the presence of a witness in order to give the sale transaction a semblance of being bona fide. At this stage Abraham Vinegard, who had not been present, appeared in Court. His Honor said he was prepared to jjrant an adjournment as long as the property remained in. statu quo. • The defendant said he was prepared to do this, and after discussion the hearing of the case was adjourned until to-morrow -week.