J. G. WARD FARMERS' ASSOCIATION.

Otago Witness, Issue 2241, 11 February 1897, Page 11

J. G. WARD FARMERS' ASSOCIATION.

Several rratters affecting the winding up of the J. G. Ward Farmers' Association (Limited) came before his Honor Mr Justice Williams in Chambers on Friday. The fint %yas an application by Mr* Hosking that the liquidators be authorised to accept from debtors payment in grain in lieu of cash. His Honor : Yes. I have read the affidavits as to the desirability of it. Mr Hosking : I conceive that the offrial liquidators of the Colonial Bank only cau possibly be affected by it. His Honor : What do they s*y ? Mr Haggitt : We have no objection. His Honor : Very well. Order accordingly. The next application was in regard to the settlement on the list of contributories of the following pei - aon» who objected :— George Anderson, Francis Diaok, James Graham, James Ballantyne, J. W. Hamilton, Henry Barry, Timothy Meehan, John Moloi c, and Jainei A. Gilmou- — The motion to that effect was moved by Mr Hosking, and supported by documentary evidence, none of the objectors appearing. —His Honor, after carefully examining the share register — which, he remarked, was by the act made prima facie evidence— and also scrutinising the share regikter, which showed in some rases the recoipt of dividends, settled the whole of the objectors on the list. Objections to be settled on the list of contributories by the following perconn were next censidered by his Honor :— Archibald Fotheringham, Samuel Walker, John Topi Putuki, John R. Brown, Thomas Kirkpatrick, aud J. E. Taylor and Co. — Evidence in regard to the cases of theßO persons had been taken before the magistrate at Invercargill, and his Honor was aaked to decide upon them. In the case of John Topi I'utuki, Mr Thornton appeared and contended that the objector, who was a Maori, could only speak English imperfectly and did not understand the contract into which he had entered, being under the impression that he was only to take one share. — After some argument his Honor settled the objector on the libt, and allowed two guineas costs. In the case of .Samuel Walker and Thomas Ktrkpatrick, the objectors were struck off the list. The name of the latter it appeared had been inserted on the share register by mistake. Mr Hosking said in regard to John R. Brown that his uame could not be retained on the list, as he was an infant, but there was a summons now taken out to put his transferee, Alex. Gellajtly, upon the list. — After evidence and argument, tho case was ordered to stand over. The case of J. E. Taylor and Co. was also ordered to stand over. His Honor then considered a number of claims against the association. The first of these was a claim by R. Brookes and Cj., of London, for £4942 5s 9.l.— Mr Hosking said the position in regard to this matter was this : that the books of the association and the vouchers in the hands of the liquidators only showed a settlement up to December 31, 1895. There was a dependency which had not bren realised theD, but which he understood had been realised since.— Mr F. R. Chapman, who appeared for Brookes and Co , said that was shown in the latest account his clients rendered —Mr HoakiLg : In the claim put forward by the other side, which we rejected or wished to have proved, this dependency was not brought to account, and a further sum of £5000 was included. — The claim was allowed. The next claim was one by the liquidators of the Colonial Bank (for whom Mr Haggitt appeared) for £5178 15s 4d on a bill of R. Brookes and Co.— Mr Hosking »aid he did not object to the claim, provided the Colonial Bank liquidators did not claim any security. — The claim was allowed. The Colonial Bank's claim of £20,000 on debentures was partially discussed, and it was understood that the bank was not to be entered in the list of creditors, but was to have a priority of right to claim on the assets of the estate. The next claim was by Donaghy and Co. for £478 for damages for non-acceptance of delivery of 40 odd tons of twine alleged to have been sold. — Mr Eraser appeared in support of the claim, and after evidence had been given by James Linster Passmore, A. Lee Smith, and John Fisher, tha *«se was adioured till Tuesday ~aek>