DISPUTED SETTLEMENT

New Zealand Times, Volume XXXVI, Issue 8181, 24 July 1912, Page 2

DISPUTED SETTLEMENT

TRADESMAN’S CLAIM SUCCEEDS. Final decision was given by his Honor Mr Justice Cooper in the Supremo Court yesterday in tho case of Brunskill v. Anderson. The action was one brought under Elizabethan law to declare void a settlement, alleged to have been voluntary, and which had tho effect ot defeating creditors.

The parties were William Brunskill, trading as W. and J. Staples, hoot and shoe manufacturers, plaintiff; and Barbara Mary Anderson (formerly Cowan), wife of Alexander Anderson, building inspector, as settler and trustee under a deed of settlement from herself to George Cowan, of Kimbolton, farmer, and tho said Cowan, as trustee, defendants. In May, 1908, Mrs Gowan gave to plaintiff a guarantee of payment for goods supplied, or to be supplied to E. G. Kennedy, bootmaker, Feilding. Kennedy became bankrupt, owing £129 Is Id to plaintiff, and judgment for this sum, with costs £6 9s 6a, was obtained against Mrs Anderson (formerly Cowan) in 1912. In October, 1908, Mrs Cowan had made a settlement of the bull; of her property in trust for her children. Plaintiff alleged that this settlement was intended to defeat defendant’s creditor, and should therefore be declared void.

Defendants denied that the settlement was voluntary or that it had been made with tho intention of defeating a creditor. Mrs Cowan executed the deed with a view to protecting her property for her children, as she contemplated a second marriage. Some time ago his Honor delivered an interim decision, but before giving final judgment on the question whether the settlement was executed for valuable consideration or for what was known as a meritorious consideration, wished to have proof or admission of the statement that the settlement had been followed by tho transfer of certain mortgages. This information having been fur nished his Honor gave judgment for plaintiff, and directed that the trustee should assist in making the property available for satisfaction of tho debt, the interests of the mortgagees to be protected. Mr A. Fair appeared, and Mr W. F. Ward appeared to take judgment for Mr B. E. Murphy, of Feilding.