BANKRUPTCY COURT.

New Zealand Mail, Issue 889, 15 March 1889, Page 23

BANKRUPTCY COURT.

Monday, March 11. (Before the Chief Justice.) APPLICATIONS FOR DISCHARGE. ' An application for discharge was made by Wm. Munro, draper. Mr Jellicoe, who represented several of the creditors, asked that the application should not be taken until the applicant had been publicly examined. Mr Morrah, who appeared for the debtor, offered no objection, and the hearing of the application was deferred. CLOSED BANKRUPTCIES. The following bankrupt estates were ordered to bo closed on the application of the Official Assignee HarrietT. King, Charles Dement, Anders Anderson, William Wilson, Joshua Morris, Henry Crawford, Jacob Frankol, Henry Grimes, Thomas Henry, and Henry Hare. The debtors were ordered to apply for their discharge on the 24th April. BOOK DEBTS AND BILLS OF COSTS. Leave was granted to the Official Assignee to dispose of the book debts in the estate of Jacob Frankel. An order was made that Mr Travers’ bill of costs in the estates of Thomas Langdon, and George Boothby, painter, should be taxed. RELEASE OF OFFICIAL ASSIGNEE. The Official Assignee applied to be released from 71 bankruptcies, the names of which have already been published. His Honor granted the application. PUBLIC EXAMINATIONS. Re Thomas Fitzpatrick.—Mr Fitzherbert asked that the public examination of Thomas Fitzpatrick, contractor, of Hunterville, should be allowed to stand over. He informed his Honor that the debtor had written to him stating that he would be in attendance that- morning, but he had not put in an appearance. He could not account for his absence. The case was eventually adjourned until next day at 2 p.m., Mr Menteath, who appeared for the creditors, offering no objection. Re Brown, Rogers, and Co. —Mr Jellicoe, who appeared for the Official Assignee, stated that he consented not to examine the bankrupts. They would have to come up for their discharge, and they , could then answer the charges brought against them. His Honour declared the public examination passed, and the bankrupts were ordered to come up for their discharge at next Bitting of the Court. His Honor allowed each debtor L 25 worth of furniture. Mr 0. Pownall appeared for the debtors. ROBERT SOMERVILLES ESTATE. The argument as to the validity iof the bill-of-sale held by Mrs Somerville was fixed to be heard on Wednesday morning. ' be wtlliam munro. Mr Jellicoe moved, on behalf of the Official Assignee, to have it declared that the bankrupt’s wife should refund to the estate LIOO paid by the bankrupt to the Wellington Trust and Loan Society for her use in liquidation of a mortgage which she had created over some property of her own ; also for order charging the property with the said payment. Mr Fitzherbert was for Mrs Munro. It was alleged that in March, 1885,: the bankrupt started business with a capital of L2OO, which his wife lent him for trade purposes, and which she raised by mortgage on her property. She had not proved for the whole amount ; and that on the 3st July, 1887, and in July, 1888, the bankrupt paid out of his own moneys two separate sums of LSO each on account of the mortgage. It was contended, on the other side, that Mrs Munro had given Munro the money out of her savings from the household expenses. His Honor, in giving judgment, said he disbelieved the statement as to how the money had been saved. It was proved to his satisfaction that the payment was made out of the moneys of the bankrupt at a time when he waa in insolvent circumstances. An order would be. made lor the refund o f the LIOO, and in the alternative charging it on the property. Five guineas costs was given against Mrs Munro. Mr Brown moved in the same estate on behalf of John Munro to reverse a decision of the Official Assignee rejecting his proof for L 209 14s lid. A compromise was arrived at by which the Assignee agreed to admit John Munro s proof for LIOO. M[r Jellicoe was for the Official Assignee. As several charges were pending against the bankrupt for offences against the Bankruptcy Act, it waa decided to allow his public examination to stand over until the next sitting of the Court. RE WILLIAM CLARK. Mr Jellicoe applied, on behalf of Messrs Clarkson and Sons, creditors, for an order upon the Official Assignee asking him to pay certain moneys out of the estate. Mr Travers (for the Official Assignee) applied for an adjournment, which was granted on condition that the matter was disposed of in Chambers as soon as the parties aro ready.