District Court.

South Canterbury Times, Issue 4241, 16 November 1886, Page 3

District Court.

TIMARU—THIS DAY.

(Before His Honor judge Broad)

' IN BANKBUPTCy.

In re Mary Hoare, a bankrupt. In this estate two cases were set down tor heating, bat as they were virtually identical, they were taken together. The one was an appeal against the decision of the Deputy Assignee in respect to the amended proof of debt of Mr W. L. Simpson, and the other was an application to enforce the surrender of security held by the srfid W. L. Simuson and another.

Mr Knubley appeared for the Assignee, and Mr W. M. Hodgkins for Mr Simpson.

The matter in dispute was whether Messrs Simpson and Spenoe, acting for the trustees of Mrs White, who bold a mortgage of £ISOO over Mrs Hoare’s Kerr} (own property, were bound by the valuation of the bankrupt, viz., £IOOO. It appeared from the affidavit that in the original proof of debt, the claim sent in by Mr Simpson was £1528 Is 4d, against which was set the value of the section, £IOOO. Subsequently,however, £I2OO was offered for the property, but in the meantime the land bad been sold privately by the Assignee for £llsO, It was now sought to have the proof of debt amended, so that the valuation be increased from £IOOO to £I2OO, This the Assignee opposed, and applied for the security held by Messrs Simpson and Spenoe, After a lengthy legal argument on both sides, His Honor gave judgment in favour of the proof of debt being amended so that the valuation be £llsO, the Assignee to pay all costs of sale, and the costs in this ease to come oat of the estate.

In re Corkery v. South Canterbury Farmers’ Association,

This ease bad been heard at a previous sitting and His Honor, at the request of Messrs Perry and Raymond, the counsel for the plaintiff and defendant respectively, said he would forward the papers to Mr Justice Ward, for him to decide as to the rehearing of the case. The Conrt then rose.