DISTRICT COURT.—In Bankruptcy.

Taranaki Herald, Volume XXXVI, Issue 8004, 24 October 1887, Page 2

DISTRICT COURT.— In Bankruptcy.

THIS DAY. Monday, October 24. — Before His Honor Mr. D : strict Judge Rawson. A MOTION TO REFUND. Mr. Samuel, as counsel for the Official Assignee in Bankruptcy of tho property of Hermann Wftllath, moved a motion for an order directing James Bellringer to pay over to the Official Assignee the sum of £46 33. 41., received by him from one William Humphries, actiug on behalf of Hermann Wallatb, on 19th day of December, 1885, on the following grounds, or some one of them :—(1): — (1) That on the said 19th day of December, 1885, the said Hermaan Wallatb committed an act of bankruptcy, in aßsignine; his property to a trustee for the benefit of his creditors, and that the said James Bellringer had notice of such act of bankruptcy available for adjudication at the time of the receipt of the said sum of £46 3a. 4d., and that the said Hermann Wallath was ad juaicated a bankrupt on the 24th day of December, 1885 ; (2) that on the said 19th day of December, 1885, the said Hermann Wallath committed an act of bankruptcy by fraudulently delivering to William Humphries part of his property, to wit, the sum of £171, and that the said James Bcllringer had notice o£ such act of bankruptcy at the time of the receipt of the said sum of £46 3s 41, and that the said Hermann Wallath was adjudicated bankrupt on 24th day of December, 1885; (3) and that on other grounds appearing on the affidavit of Francis Peacock Corkill, D.0.A., this day sworn, and filed herein (dated October 17). Mr. Samuel quoted the sections of the Bankruptcy Act which were involved, and read Mr. Oorkill's affidavit. Mr. Samuel said that after Mr. Wallath came from Wanganui, after seeing Mr. George Hutchison, Mr. Bellringer saivhimand counted what money Wallath had then and found it to be £171, which Wallath handed over to William Humphries in Mr. Bellringer's presence. Mr. Humphries waß an uncertificated bankrupt who was acting as a sort of agent for Wallath. He contended in the terms of the Act that this payment of this raoaey was an act of bankruptcy recurring as it did only five days before the date of filing. Mr. Hughes appeared for Mr. Jameß Bsllringer. Hermann Wallath deposed : He became a bankrupt the day before Ohristmis, 1885, and just a few days previously he returned from Wanganui. He could not state whit he had when be returned. If bo had his pocket-book ho could tell what money he received from Mr. Hutchison, of Wauganui. His sworn evidence would doubtless refresh his memory. It might havo been about £318. He did not know. Mr. Samuel said Eis Honor would see what a disadvantage he was laboring under with such a witness. His Honor Baid the witness's sworn evidence would show. Mr. Samuel said that the figures were £318, but he could not put this evidence in. Evidence continued : I received something like £300 from Mr. Hutchison. I had made arrangements with my creditors until the result of my action against the Convent people. I had promised them that I would settle with them after the i action was over. I have no doubt, after looking at Mr. Humphries' account, that I paid over to him £171 on 19th Dicember. ILq and I went all round to my creditors, and when we got the total of my liabilities, we agreed that the money I had then should pay so much in the £. I had not given him the £171 then. Mr. Bellringer was oni to whom we wont. I asked Mr. Belhinger to be a witness while I counted the money over to Mr. Humphries, who was to divide it among the creditors. I brought back from Wanganui a form of discharge in full for my creditors to sign. Between Mr. Humphries and myself, this paper was to be signed when the creditors got their cheques. They were to accept the composition if they chose in full of all demands. On December 19 Mr. Bollringer approved of the plan, and took his share, £46 3s 6d. He could not sign if it was the same day that he handed the money over. Mr. Humphries signed the cheque. A few days previously I lost a considerable ram of money — ibout £100 — some gold and some £20 notes. I believe some of it was gold. When I lost it Ido not know now if I cried so much so as I could not tell what I had left. I rolled some money in something and put it in a cupboard. That must have been before the 19th December. I did nottake a £20 note out of the bundle and go to Mr. Humphries, who was at bis mother's, and say, "Here, Bill, here's a £20 note; do your best for me." I said, " Here's £20 for what we agreed on" — for services rendered by him. Mr. Humphries was to look after the accounts, pay out cheques, etc. Ido not think tho money, £20, was rather too much for his services. Mr. Humphries, inter alia, was to get tho document (put in) signed. The statement (pro iuced and put ia) i 3 about the correct list of my property at the time of my bankruptcy. Between December 19th and 24th I made away with none of my property. I had the same property on tho 24th as I had on tha 19tU Dacomber, 1885. By Mr. Hughes : About £30 was sent by Mr. Hutchison to the Assignee after I filed. I could not put it in my assets, as I could not tell tha amount when I made out a list of my property. In Mr. Hutchison's account there wore some items uuseltled which I did not know might be decreased or increased. I expected something. Mr. Oorkill told me one time that it was something lilio £30. It was not the first time I wont to Mr. Humphries. I hiv-e bui business with him aluust every mouth Biaca I have been ia Tiiranvki. Ho was boalsmanfor me over the convent contract, an] had beou security for mo ia obhsr transactions. It was consequently natural ou in/ part to go to him to see to this busi less. I Jpaid him £20 then. He always pud me for what I dil for him, and I always paid him foi whit ho di 1 for nu, Ih 1 1 two shopa ut the back of tha S ish aad Djor Factory at tho tiuaj, wherein I ojrrieJ on my business. (Left sitting.)