DISTRICT COURT.

Thames Star, Volume VII, Issue 2791, 24 January 1878, Page 2

DISTRICT COURT.

THIS DAY.

(Before F. D. Fenton, Esq., District Judge.)

A WBONG DECISION.

His Honor said that in a case last Court day, Harcourt r. Jakins and Stoney, a wrong decision had been given, as the plaintiff had been nonsuited instead of judgment being given for defendant. , He had considered the matter, and had made up his mind that it was necessary to make the alteration. Mr Brassey mid that no fault could be given to argument adduced by counsel,in making the judgment at last Court day. Mr Macdonald had not pressed for a nonsuit, but his Honor had found the section of the Act on which he had entered up a nonsuit. He objected that the judgment of the Court should be altered, and the plaintiff put to considerable expense. He contended that the Court could not alter its judgment. The case at present before Ihe Court had been brought on the understanding that a nonsuit had been entered. His Honor said he had altered it, and had made up his mind he was right. Mr Brassey a3ked His Worship to make a note to the effect that he considered the Court had no power to alter or amend a judgment after once it was made, as under 69th section of the District Court Act, every order or judgment was to be final. His Honor complied with Mr Brassey's request, and intimated that the .'alteration would be made later on in the day. HABCOUBT V. j AEINB AND BTOKBT. This was a claim for £IC9 damages, for loss sustained through the defendants refusing to hand over certain bankrupt book debts purchased by the plaintiff. . Mr Macdonald appeared for the plaintiff, Mr Brassey for Mr Stoney, and Mr Jakins for himself.

Mr Jakins objected to the case being heard again, at the summons, etc., were precisely the same as when the case was heard before, and a nonsuit had been entered against the plaintiff. Mr Macdonald suggested that the defendant tender his evidence in support of the plea of judgment reversed, which had only been entered this morning, and then the plaintiff could appeal against the amendment. He saidthe cause of action was the same as entered in the defendant's 6th and 7th pleas, and if the defendant was defeated in these pleas it could still go, the plaintiff having power to appeal if necessary. Mr Jakins objected to admitting anything that might commit him to a futureaction. It was altogether beyond his depth. Mr Macdonald explained that the" admissions were only pro forma for to-day's convenience. The Clerk of the Court's register, with the decision of the case last court day, was then put in evidence, and the facts admitted were scheduled. In the present action judgment was given for the defendant —costs, 19s. DB JAMES KILOOUK V. W. NICHOLL9. This was a claim to recover £100 promissory note. Mr Brasscy appeared for the plaintiff; their was no appearance for the defendant. James Kilgour, swore, proved the liability of the defendant. Judgment for plaintiff with costs, £9 ss. JOHN GOON AN T. W. KELIY. This was a claim to recover £25, ttio Kice of a horse. It had twice previously en heard in the R.iVf. Court, on both of which occasions the plaintiff wag nonsuited. Mr Brassey said that his client—the defendant—was not present. Mr Macdonald quoted a section from the District Court Act, to show that if i the defendant did not appear without I valid excuse being given for his absence, ! the case shonld go on on the part of the i plaintiff. : , . . Mr Brassey said he expected his client to arrive overland about 11 o'clock. He would ask that the jury be struck out, and the ease placed on the bottom of the list. This was agreed to, and the following were etnpannelled as a jury -.—John Muir, D. McLcay, J. Mcßea, and Martin Murphy. IN BANKRUPTCY. -. BE W. SEAGAB. Mr Macdonald applied for.the final discharge of the bankrupt. He said there was no opposition, and read the report of the official trustee, which was favorable to the granting of the discharge. Discharge granted. BE JOHN BOBINfJON. Mr Macdonald applied for the final discharge of the bankrupt. There being no opposition the discharge was granted. be a. basiey. Mr Macdonald applied fox the discharge of the bankrupt, and read the report of the trustee, which showed that bankrupt had had heavy losses in mining speculation at Coromandel. - There was no opposition, and the discbarge was granted. BE DAVID KENNEDY. Mr Brassey applied for the bankrupt's discharge, and read the trustee's report, which showed that the bankrupt had no assets whatever. His bankruptcy had been brought on by sickness in his family, and bad times. Mr Macdonald said he appeared for the opposing creditors. David Kennedy, sworn, deposed—l have no property but a few debts and a cottage on tho beach. I have an agricultural section, but it is of no value. I did not put it in my schedule. I transferred it to my father-in-law in lieu pf a.debt just before my bankruptcy, and immediately after my largest creditor got a judgment against me for £28. If Lawson had not got judgmentagainst me I would have tried to pay off the other debts. The judgment for £28 was for building a house on the section. I owed my father in-law £40 or £50, but I did not think it necessary to put him in my schedule. I owed him the money, and gave him the property for it. I gave it

for the debt. I never gave my father-in-law the house on ilie beach, because ho was satisfied with the section. I never got nn assignment of the property to him from the Governor. I" don't know why my fnther-in-lmv did not want the house on the beach too.

By Mr Brassey—-When I executed the mortgage of the property I did not look on Lawsou as a creditor at ail. For a considerable time before I filed my schedule I hud been living in a hand to mouth fashion, and ail my cn-ditorH except Lawson agreed to give au extension of time to pay my debts. It was in consequence of Lawsou's judgment that I filed my schedule, as I could not pay that unjust debt and my other creditors also. Mr Macdonald addressed the Court, contending that the defendant had made himself amenable to thefraudulent debtor's clauses of the Debtors and Creditors Act, as he had given ptoperty valued al £80 :i\ lieu of a debt tor £60. lie said that when a case came before the Court like this the bankrupt should hare his discharge suspended. Mr .Brassey replied, showing that bankrupt had been endeavoring to pay bis debts, when the judgment was obtained against him, which had upset his arrangement. Uis Honor granted bankrupt's order of discharge. BE HARRIET!* COBSION. Mr Brassey applied for the bankrupt's discharge. He said she had received her discharge from the majority of her creditors. The trustee's reporc was favorable to the bankrupt obtaining her discharge. - ' Mr Campbell appeared to oppose. Harriette Corston, sworn, deposed—l did not anticipate taking proceedings in j the Bankruptcy Court until Campbell ob- ! tamed a judgment. I executed a mortgage of my house to Mr Head, but I did not intend to take bankruptcy proceedings. By Mr Campbnll — I am a married woman, and am trading under a protection order. I obtained some goods from McArthur and Co., Auckland, in September or October. I have not got the invoice with me of the good I received from Me Arthur. It was something over £30. I paid £15 down. I am not sure what the balance was. They have proved for £24 and odd, which is right. All the goods have been sold except what are in the shop. I removed several. customers' dresses for safety. I was advised to do so. The goods went to my parents' keep. The boxes they were packed in were large ones. I don't know how many dresses there were in them. I removed no trimmings, etc., or goods obtained from Me Arthur. Owing to my mother going to Auckland the goods were removed to Mrs McWiliiauis. I never kept books, and cannot tell what money I had on hand when I filed my declaration. I have no mouey in hand. I hare not got a sewing machine, but I .borrowed one from Mrs Davidson. It has been in my possession two or three years. I keep it because Mrs Daviricon owes me £6. I don't remember Mr Oldrey asking me for the invoice of. toe goods. The £10 pail Head for the house was not the money advanced by you (Campbell-) I cannot any what was the date I went to Read about the mortgage. Mr Brassey prepared the mortgage. He was not my solicitor till after the mortgage was signed. You wanted me to sign that mortgage, but I refused to do it. On my dying oath you never lent me any money. (Mr Campbell asked the agent for the trustee in bankruptcy, Mr Oldrey, for a deed. Mr Oldrey refuted to produce it, and Mr Campbell, addressing His Honor, said that the agent for some reason or another opposed htm in everything .he did. Mr Oldrey rose and commenced to speak, but was ordered to sit down by His Honor. He continued to speak, and His Honor j ordered the bailiff to turn him out. Mr Oldrey went out.) . Examination continued—There were two mortgages — the first being to the building society. Margaret Nolan Me Williams, sworn, corroborated the former witness' evidence respecting the boxes of millinery. Harriette Heed deposed to the contents of the cardboard boxes. There was nothing in them but hats and dresses. This concluded the evidence. Mr Campbell then addressed the court, arguing that this case was a most flagrant piece of fraudulent preference. He said that the action of the bankrupt's counsel, in getting her to sign the deed, was a very discreditable act. He qaoted to some length from the fraudulent clauses of the Debtors and Creditors Act. He said the fact of the bankrupt signing a mortgage to Bead the day before she .filed her declaration was a clear ease of fraudulent preference, and submitted that further enquiry should be made before the bankrupt got her discharge. • Mr Brassey replied that there had been no fraudulent preference, ai long before the bankruptcy, and before it was contemplated, the bankrupt had promised Mr Bead a mortgage, and he had afterwards re-transferred it back to the trustee. , His Honor said that in the statute there was left the judge or jury to decide whether a preference was an act of good faith or not, In thii case he considered the bankrupt had acted in perfect good faith in trying to secure Mr Head. He saw no reason why the discbarge should be delayed. Discharged accordingly. Court adjourned till 2.30.