SUPREME COURT.

Otago Daily Times, Issue 12738, 11 August 1903, Page 7

SUPREME COURT.

IN BANKRUPTCY. ' ' , ' 7'.,. '■'.. Monday, Atiot;st 10. ' '; ■• (Before His Honor'.t«4 Chief Justice.) 77 Re Alexander Matheson Mid Janies'T.'Prahy stock/and station agonts.-rMqtion for orders .of discharge.' ,■ .'. ■ ■', : -..■•■ •■.;• Mr J. I\ M. Fraser said ho appeared, instructed by the assignee, to conduct the business that morning, Mr Graham being indis-. josed. In this 'matter ho would, ask for an adjournment. Tho assignee, had only reported very briefly, and hod instructed him to ask for an adjournment. '' : , '' <" Mr Payne said that he appeared for Praih. : Mt Fraser said that the application applied.; to both parties. There had been considerable, litigation before Mr. Justice'Williamson respect to .their..afiair3. First-ike debtors--.were j in, partnership/and then tuey turned-the bitsiress'into'.a 'Company, and-fronVwhat appeared, in adjudgment by Mr Justicp it was' possible that the court, might order! a Ipubljo' examination of the bankrupts, In any. case, liis'instructiono wero to apfcly for an'adjourn-' inent!' . , • ' -,- ; Mr'Payne said that with-reference to. Pram's amplication, it would be' noticed thati'he wps, the!partner, who conducte-d tKe outside bus!-; iiessifor- tho firm,, undertaking ,the sales,, etc,,),' • ow] he had nothing to do with the accountancy; work.. Any.inquiry-tc^bs,made rtuld be ijiconnection with the accountancy side.. At ,ii mooting of the creditors there bad been no 6b; ' jeotion .offered to Mr' Frain getting his. djs-;' charge. • : ■ '■ . . •' -- His Honor remarked .that the papers Bhowed; no'.resolution to'that effect,; "..' ~ . Mr .Pny'no said there had, beon rio'suggestion, 'made at tl)e meeting that/'there would bo "any., difficulty about Mr. Proin.getting his. discharge.. It' was important th itt ho should get his dis-, charge now, and Jearncd counsel pointed.out that oven if he : did get his discharge and. any. matter l.cropped tip ay, connection,.with the bankruptcy «Hhin.'. two years ■ lie' could bo brought'lip again. "■ . ' V;--Hia'Ho'nor said that he.could,not,seo from, what was-before hinnthat there; wis any, flit-,' ftrence iriade-between.the partios.j ■'• •.;-. :..>.'■' Mr Fraser .said il.iwas understood st the. creditors' meeting that'tljo matter should atao'cL over, ■ .;. .;' ,■■,-, ..■.•'• .'■. . ...vii. . • MrF, Z.Jlo'ore appeared Jit this stage, mid; said that ho' represented .-Mathesim: At-the last mcoling there had been .ati yiwleistandlng that both' mattors should remain over until the., return of Mr 'Justice Williams.! ' . His Honor said that seeing %ro. was )iptli|ng in the estate there.cpu,ld, be. no.barni/in/the matter : being , adjourned, for. JurtW investiga-' tioTi, ■: ' '• -"'■'■ '".,.. ..;'•■" ."..,"' ''■' ■;■•• Be. Elizabeth Jane'. Bliss and Alfred James,' Biisb, of Dunedin, aHcits,^MQtjpn'.fpr;o;W6r9 : of discharge. ... ' ,'■ : '••'-V' "''-'' '<■ Mr Splomon appeared for the bahkrup(s, and said (hat the were, sijch.'sa to justify the court : in making jaiy order, of discharge,;'..' ■■■■;'. .<.'■" ' ';-'; /,v" .'7;',•■•!'' ■"'■'': \ IJisHonor: The creditors seem to haye-passed; a resolution in favour of it. . .'••'... ■■■'■ - :: 'V.

Mr Solomon said that :the . showed that first-class! book's liad'fen Kept.,;.'' I Mr Ftaser said that the nssifhieejiad'nothing' 'lo add tp his report.. .•"' "" Hia Honor:.Order.of/diacharge grrmted. ''-' .' Ke, Thomas Robert' 'Wijliam Cou.tjs.poX Dunedin, teacher.—Motion, for'.order of ■ .discharge. . lit Stilling apjieajsd in auppprt/bf tho mp{ipn, which was granted without 'discussion... jte'Williain John j?wpe, of St, Kljd.it, cycle' ..ggritt—Motion for order of discharge*,: ....;": Mr Moore appearet} in support of .tlie'motioji,, and said, that'the/ taiikrupt'had.'suffered/a) great deal frojrj jll-h'eajih, which led. up. to the. bankruptcy.'; 1 ' Ip . .-,..■■■' :' : .'.- His Hojioi' observed' that.acootding.'to: the assignee's report the bankrupt's debts Epenied; to have been incurred pipstly after th'a Utei through which his were allegatalhafe occurred, The 'creditors did.hpt seerri.to nassed any resolution in favour of his 1 getting' bis discharge. - Why did he not file. afte'r.,the firo,if he-was in debt.at tilia time? '■.

Mt Moore said that the'ivian lipped to be' able to pull his affai-rp together,' when he broke his jTin, Ho had to fllo because'thero was a warrant out against him. There were two meetings of creditors, but at toe-meetuißa those who attended were not able-io vote, That was tho resaon why there- WM -no lesolution passed recommending the banlfrnpt for, bis disc-liaige. . Hjb Honor said that the. order of".discharge, ' would be suspended for. three months.