Supreme Court.

Star (Christchurch), Issue 79, 14 August 1868, Page 3

Supreme Court.

TnnnfinAi', A tio, 13, (Beforo Mr Jttstlco Grcsflon.) [The following concluded the bunlnoisj IM3 KWRN OAMKIION M'MIM.AH. Crosfl-cxnmlnalion continued t I hellovo ihnt tho £U duo to mo by Mr Morgan, <my unate. in n good debt, Hlu nil* •drou ls tho I'ofit Ollice, Dunedin, 'lho eumjEir* lOn Sd duo by Mr Glloliriat, mar■chant, of Glasgow, Ih also a good asset The Item lain respect to damaged gooda soul out -which T had paid for beforo I received them, The amount has boon paid to Mr Kay an my Agent, nnd Ib duo to the estate by him . [Tho wllncsn wan eroflfl-exttinlnod as to various other Items In his statement of assets.] In reply to the Court, tho bankrupt said ha had lind groat difficulty In treating with Mr Rnphaol. Ho wanted him lo pay him 420, expenses Incurred In Iflsulug lho writ walnut Mr Tnylor, of Groymotith, He (bankrupt) -could not pay Mr Raphael tho money, and thin wftfc the ronnon why ho waa oppoaing him just now. Mr Haplinol had not; oonnulted the supervisors, but Issued tho writ at his own instigation, Mr Raphael, sworn, tit-posed i I novor uppiled to the bankrupt for a filnglo ithllllng, eltlior directly or Indirectly, I nuked him If this £222, in respect to which the writ wns Issued on Mr Tnylor, wns n good and just, debt, nnd the bnnkrnpt declared Hint It was io, and that there was no not-ofl! In any form er ether, looniiulicd iho nuticrvlsoro as to proceeding agnlnat Mr Taylor, "Not Indebted" wan plondotl to lho writ, and a sot-off: for the whole amount. I then saw the- bankrupt, and complained bitterly of bis having Involved mo in oostn, woll knowing that thorn was not a ohiglo shilling duo to tho estate, I told him that I should mako a searching Inquiry aa to tho truth of all those Hlaloiiiouts In bin aocount, lie told tne that bis word would bu taken boforo initio, and that ho didn't caro what I did. Do loft mo nnd ncvar cnllnd afterwards, I found tho bankrupt agsln, with a view to •gotllng Information as to tlio rocovory of monov Wild to bo duo to tlio estato. 110 said ■illftt Mr (Barnard owed A tlobt of £ 10, and that ho would try and get It himself. I food MrDiirnurd for tho money, 110 stated Ihsf. too had paid tho money to the bankrupt, and I wan nonsuited with costs. M'Millan aftor. -wards jald lho X'lO to mo. I bavo been trying to got tlio money in, which lho bimkrut t has put down In I*,lb ntiitoment of good -debts, bnt tho pnrtlcH I havo applied to atato tbat Iho money bun bten paid, TlioatiflotH here arc merely fictitious, nothing olso. '1 ho hnnltrttpt alao disposed of furnituro nineo bis bankruptcy. Tho bankrupt staled Ihnt tho Aot allowed him io rolnlii furnituro lo lho viiltto of £*2/>, ■and ho had sold It to Ihlfl extent with tlu trustee-! periumßlon. Illfl Honor nuked If lho truslco desired to bavo tho cano further adjourned, in ordor •tltiit ho might prcHont a report, Mr Haplmcf rtqtH'Slcd an adjournment. He won hi endeavour to convotio a general meeting of the atoditots, In order that a report might bo drawn up for presentation to 'lho Court. Hlu Honor adjourned Iho caso until Tuesday, the Blh October, IDS ANN AMI) ilAM.fi o'llAJtA, Tho trustee reported as follows t— " Thnt tho bankrupts nro mother and son, lately carrying on bitflliß-fls aa publicum-; in High Hired, nnd that I Hliould like, with tho per* mlwtlon of tho Conn, to oxcludo Mm O'Hara from my report, ub it Ih the mm I havo had to do with, That on going lo take posioflHlon of the (filcclit In the Harp Hotel, at tho roquest of tho largont creditor, Mr Georgo Allen, ihe bankrupt offered connldcrablo resistance, and ultimately my hall ifl! was forcibly turned out, ond during three weeks the place was abut up, and i could nobngnin obtain entry. Thai, in consequence, tho landlord sayn bo ban nufT'ired considerable Injury, tlioro being no ono to protect tho property excopt the bankrupt hlnwlf, hi whom Mr Allen had no confidence, That tho bank. rupt'a aftor condttot Ima, boon rcnsonablo enough, but ho dosorvos a roprlmand, As to the accounts filed by the bnnkrnpt, I ennnot roport them satisfactory, as the Amount of lon-leu appear cxcchhlvo, and aro not supported by vouchor**, Micro bolng no othor than a bank book kept, which docs not mipport tho Hems," Mr 'Slater Bald that his client (Mr Allen) hnd proved to tho amount of £\\l Ifl Od, Tho bnnkruptfl owed Mcdum Walton, Warner nnd Co,, JC2OO for spirits nnd wino, nnd a further sum of jClflO for beer. At tho time of tho bankruptcy, thero waa no stock-, antl bin client wob vory much tllnniitUflod, and wanted to know what bcoamo of the proccodn accruing frem lho Bale of tho Btock for whioh they wore Indebted to Mosflrs Walton, Wnrnor ana Co,

Mr .Toynt drew nttontlon to tho enormous rental which tho bankrupts wore under. JnmoH t iMlnra wns examined, He stated thnt ho had never kept any books, but trusted to memory, ills Ilonon That In nil n&nhnt youraolf, The bankrupt! I know it In, and am rery sorry for it, no my nofc keeping book" ban been to my lonnj but I shall know hotter what to do again, , Mr Hlater fluid that no pood would result from a furllior adjournment, ns tho bankrupt would not bo able to explain his trnnsuotlontt, Imving kept no books, Ho had therefore to ask tlio Court to mako whalovor ordor It felt disposed, Mr Joynt applied that tho order In tho cano of Mrs O'Hara might bo one of abfloluto dlflohnrgo. Tho othor btmkrupt had shewn that hu was most unfitted for butlncwi. Ills Honor made nn abnohtta ordor of dincharge with respect to Mrs O'Hara, and suspended lho ordor In hor non'n oiiho for six months, censuring him for not having kept any books. nit THOMAS ANIH'.USOV. Tho triifltoo'H-i'Cond report wus art follows -, — " I beg to add to my flrat report that tbo »iiporvlAors and myself bare roiio through the liankrupl't) Htatcmunt of account itppended hereto, Wo find part of Uioao Items of account aro supported by vouchors, a grout many not, and I have to report tho wholo matter m utwalliifnoiory, and I fear no furllior troublo I may tako will mako those accounts clear or explicit, Ills llonorHiiflpcnded tho order of dlneliargo for three months from dato, UK WJM.IAM J'ISIIRII. Mr Joynt applied for tho final ordor of discharge, Thero wore no mtsots, and the o«tato was Indebted to tho trimtoo, Ills Honor said ho had previously adjourned lho ohhc, moro for tho purpose of marking the disapproval of tho Court. Nothing would b,i gained by further adjourning lho case, and Ik- would therefore mako an absolute ordor of dlftehnrgo. Order made accordingly. 11 8 FIIKUKMCIC r.ANH, Tho inißtoo roportcd as follows i— Tho bankrupt's catnlo shows no nssclH. Tho bnukrupb does nol appear to bavo kopt any liook't, but ho has filed a ntatomoiit appended hereto, whioh Ik Intended to nhow the ilt;flolonoy in his cslato of £MH I 2», That lho bankrupt, who Is a lolcklaycr, and a good workman, became Insolvent In Juno, 1800 \ that he had paid no dividond. his estato, then aa now, lifting worthless. That I beg most respectfully to point out to tho Court that lho Biatoftu'iit of lowies marked C rcqulroi Invesllgallng, especially as regards the tranaaction bt'tweon one Mr.T, Banks, C. W.Purdlo (now bankrupt for tho nonond timo), and tho bankrupt Lauo, aa f am of opinion that the transaction Ia not nuillolontly expliilncd, Mr Blator applied for the erder ef discharge. Mr Joynt appeared to opposo on his own own behalf. Tho bankrupt, in answer to Mr Joynt, deponed t I know Charlofl Walter Reotl Purdlo. Homo timo sinco ho executed a mortgago of hoiiki property to mo. The property comprised four seres of land and an ncreof nursory ground. Purdlo owed tuti £'i2f), and tho mortgage was mado to Bcnuro that amount- I hollo vo lho wholo of the property was Hiihjf.cl to a prior mortgage to tho Now Zealand Truntand Loan Company for .C'lOO, I put tlio landn up to sale Mii'pat to tho first mortgage I aufchorlsed tho uiimionoor to noil, My Intoroat was not to hu sold unless It brought MOO, It was put up subject to that reserve, No ono bid for It, About two day« bofore tbo auction, I had agreed with Mr J. 11. Banks to sell my Interest for jC3OO. I subuonuontly assigned the mortgage to him. I filed my declaration about tht) hist week of tho month of April, I don't think It was a month boforo this timo that f HHhlmutd the mortgage to Hanks. 1 didn't know at tbo timo that I wns in an insolvent nnnltlon. Thj salo to Hanks was bona fide, Tho understanding was that Hanks waa to pay mo »t!.'10O on my nlgnliig tho deed of transfer, [Tlio witness was examined at seine longUi as to this transaction, It appeared that Purdlo vfna indebted 10 him to iho amount of Xlfi, 110 required nomo moro money, and mortgttKod his property to the bankrupt, taking lilh acceptance for X-JH), ho that ho might bo enabled to proceed in business, This aeeoptnnoo eamo Into Mr liatiks' Imnda, who, upon the mortgngo being traiiHforrod to him by Lane, gavo a receipt for jc;ioo, on nooount of tho acceptance which ho had given ou receiving lho deed of mortgugo from Purdlo,] Mr Joynt applied for lonvo to put In tho notes of evidence given before tho trustee by J. 1). Hanks - but hin Donor rofiisud tho application. Aftor Homo tlliioiißßlon, It was ngrood between counsel to apply for on adjournment until Monday noxt, in order tbat Hanks might bo sumiuonad to givo evidence, Tho caflo wiih adjourned until Monday, at II o'clook. UR WIM.IAM AM) AI.VIU.I) OUIITIH. Thin enso was sot down, according lo arrangement mado on last Chamber day, in ordor that Dr Foster might apply for tho i bankrupt's discharge Tho caso had been adjourned until tho toth Boplembor noxt, but since Inst Hitting day, tho trustee nnd supervisors had modified their opinion ns lo somo unsatisfactory conduct on tho part of tho bankrupts, Ills Honor refused to mako any ordor*. but tho bankrupt!! need not attend In Soptember imlosß thoy got notico to do ho, Tho Court then adjourned, Tins Day, (Hoforo Mr Jiißtlco Qrosson.) Ills Honor sat at the Court Ghambora, at 11 o'clock this morning. Im Banco. ■70njc8 amd othihlß v. jummiw). This ease, in which tho plaintiffs seokto 1 recover 4000 damages for illegal distress, was

argiiotl on (louttirreron tho >tth Inat. On lnnt Cliamhor any, hin Honor Intimated tocounael that tho wholo cntto turned upon thlo pointDid or did not the relation of landlord ami tonnnt Bubslut nt the time that (Httroß.i wn» mntlo ? Dr Fontor gavo notico thnt ho would arf{«o tlil« point, mid lhe cnao wna nccordInflly sot down for further argument to-day, Tho learned oouiihol stated, however, that Mr Qarrlck hnd mliundorfltood the day, and wan not thcrofore propnred to proceed. Ho (Dr Foster) lud eotißcrinently to apply for an adjournment until Kridny next. Hin Honor ncccded to tho application. In Bankroptov. ni! .70HN IIHOOK, Mr Bnmford applied for an order confirming the choico of truntee, and fixing a dny for laflt examination. Hia Honor confirmed tho triifltco'a appointment, and fixed tho hint, examination for Thwrndny, tho toth September. UU WIM.IAM TOUTON. Ham ford applied for an order of adjndl(iallon, and mooting of creditors, Ilia Honor mado tho order ns prnyod, and fixed tho meeting of creditors to tnkoidneo at tlio Keglatrar'n Chamber, on Wednesday, tho 2flth Augußt. at 1 1 o'oloel..