SUPREME COURT.

Otago Daily Times, Issue 15998, 14 February 1914, Page 15

SUPREME COURT.

IN CHAMBERS. Fkidaj, February 13. (Before his Honor Mr Justice Sim.) Probates were granted in the following estates:—Jane Twcedie, doceased (Mr Scurr); Esther Hart, deceased (Mr Ewmg); Jessie Begg, deceased (Mr Calvert); Robert Job Smitn, deceased (Mr Duncan); Margaret Morton Given, deceased (Mr Wood); Fanny Mathews, deceased (Mr Adams); James M'Cone, deceased (Mr Davey); Agnes WhiteJaw, deceased (Mr Grigor); Gcorgo Leslie Main, deceased (Mr Grigor); Thomas Edmond Wilson Dorward, deceased (Mr Grigor); Emily Kcast, deceased (Mr Lang); Ann Drysdaie, deceased (Mr Payne); Louisa Ernestina Gohl, deceased (Mr ArmBtead); Patrick Frederick Monaghan, deceased (Mr Poppelwell); Catherine Robertson, deceased (Mr H. A. Macdonald); Robert- Coupland, deceased (Mr Watson); William Duncan, deceased (Mr Tait). Letters of administration were granted as under:—ln re Agnes Fulton, deceased (Mr Borton); in re Samuel l : 'rout, deceased, with will annexed (Mr Finch'). Edmond v. Edmond.—Summons for interpretation of will. —Mr W. D. Stewart and Mr Stephens appeared for tho parties. "—After argument, consideration was deferred. In re Archibald Carrick, deceased. —Petition for creditors to send in claims (Mr Stephens).—Order made; claims to bo sent in on or before March 9; notices as suggested. In rc Thomas Forbes, deceased. —Motion for service by registered letter (Mr Sidey). —Order in terms of motion. Paterson v. Duncdin and Roslyn Tramway Company.—Summons for special jury (Mr Payne).—Order made by consent. Holloway (Ltd.) v. Stewart.—Summons for special examiner (Mr Haggitt).—Order by consent, in terms of summons. In re Plolen Marshall Wilson, deceased. — Petition for leavo to mortgago (Mr Tonkinson). —Order in terms of prayer. IN BANKRUPTCY. (Beforo his Honor Mr Justice Sim.) JOHN li. PATERSON, A BANKRUPT. Motion for payment of money to official assignee. Inis was an application for an order that Johii Ernest Thompson, of Balclutlia, merchant, trading there under tho name of "The Import Company," pay to the official assignee tho sum of £40, received bv him from John Gillies Paterson on or about July 7, 1913. Tho grounds of the motion wero that the payment by Paterson was a fraudulent transfer of the whole of his property, and that it constituted a fraudulent preference. Mr Fraser, K.C., appeared for tho assignee, and Mr Finch for Thompson. The facta wore these; On July 7, Paterson, being pressed for payment by the Import C-ompany, borrowed money on a bill of sale, and with tho proceeds paid the Import Company £40. Tho company continued to supply him with goods which were necessary to carry on his business until his bankruptcy in September, at which time Paterson owed the company a sum of £38 for goods supplied. Tho debtor having gono bankrupt within three months after July 7, it wa6 contended on behalf of the fc-signeo that the payment of £40, being practically the whole of Paterson'6 property, except a small mail contract, was a fraudulent preference. On behalf of Thompson it was held that as tho effect of the actions of Paterson and Thompson enabled Paterson to carry on his mail contract, and thereby earn for tho estate £57 10s, and that as Thompson was shown to have supplied him with £38 worth of goods (nearly as much as the money he had received), these facts wero complete evidence that it was a bona fide payment made in the ordinary course of trade, and not a fraudulent preference. His Honor said ho would take timo to consider his decision.