Supreme Court.

Star (Christchurch), Issue 127, 8 October 1868, Page 2

Supreme Court.

— * „ THIS DAY. (Before Mr Justice Gresson.) His Honor held a sitting under the Bankruptcy Act, 1867, at the old Town Hall at II o'clock this morning. Last Examinations. New Cases. be joseph coles and mark thompkinß. The bankrupts appeared in person. His Honor said there were no assets in this case. Are the book debts that appear here good debts ? ! Mr Graham replied that they were like all public house debts — difficßlt to get in ; they were of very little value to the estate. His Honor asked the bankrupt how it was that he incurred so large a building debt as appeared in the statement of accounts when be was not sure that he would get his license even. Joseph Coles replied that .the building being on the site of the former hotel, he felt certain that he would obtain a license. Mr Wynn Williams said that the bankrupt could not have obtained a license before building. His Honor : That is true, but still it is a very speculative game erecting a large building on the chance of obtaining a license. If he doesn't get a license he is a ruined man and leaves his creditors in the lurch. There is nothing except this in (he report of the trustee against the bankrupts, but their conduct is such as the Court cannot altogether upprovo of. I don't, however, see any use in adjourning the ease. The order had better be final, suspended for one month from date. Order made accordingly. RE CHARLES WOODHAM. Mr Slater appeared for the bankrupt, and Mr Duncan to oppose on behalf of VVood Brothers. The bankrupt was censured by his Honor for having commenced business without capital. Examined by Mr Duncan : I had at least five tons of flour from Messrs. "Wood Brothers in May, and three tons in June. I believe they were charging me £20 per ton. I filed my declaration on the 13th July. I gave the cart and horse to my son, on account of wages due to him, about a fortnight before I filed my declaration. I knew then that I was getting in arrears with Messrs Wood, and I was frightened that I should not be able to recover it.

His Honor : Why did you give a preference to your son when you knew you were In difficulties? The Bankrupt -. I thought my son was entitled to his money ; I wished to give him a preferenceExamination continued : Mr Raphael distrained for rent — so he told me. He said I might take away my furniture, and leave the Bhop and bake-house fittings. I had not the consent of the provisional trustee to take away my furniture. I did so with the con-, sent of Mr Slater. His Honor ; Didn't you know that Mr Slater was not the provisional trustee, and that when you became bankrupt, your property passed into the hands of Mr Graham, as officer of this Court ? The Bankrupt : I did not, your Honor. — -j By Mr Slater.- There was a table, four .chairs, two stretchers, and one bedstead in my house when I filed my declaration. They / were not worth £6. Mr Graham did not call and take possession, after filing my declaration. John McGregor examined by Mr Duncan : lam acting for Mr Graham. I received in- ■ atructions from Mr Graham to go to Woodham's premises. There was some bread, the usual shop-fittings, and some furniture on the premises when I went there. I did not then see the horse and cart outside. I reported to Mr Graham that I believed there was a horse and cart. The bankrupt recalled, and examined by the Court : My son lived in my house. My aon is bow working in Mr Thompson's, in Tuam street. I believe my son h?.s disposed of the horse and cart. By Mr Slater : Mr Wood's manager took an order from me to supply two tons of flour, when I paid him £20. He did not supply it. By the Court : It was after this that I gave the cart and horse to my son. The cart was worth from £7 to £8 ; the horse was worth about £5. I swear thut the horse, cart, and harness were not worth more than about £15 or £16. Mr Duncan asked for an order to have the horse and cart delivered up to the trustees. Mr Slater applied for an adjournment of the case. His Honor deprecated, in strong terms, the custom which was only too common in Canterbury, of persons commencing business without any capital. He iutended to punish the bankrupt, had it not been for Mr Slater's application for adjournment. The case was adjourned until the 13th November ; nothing said as to the horse and cart. BE EDWARD WILLIAM MORET. Mr Wynn Williams for the bankrupt. The c was no opposition, and his Honor made the final order. HE WILLIAM TURTON. Mr Bam ford said the bankrupt, who was at the Ashburton, had been unable to file a statement of accounts. He had therefore to apply for an adjournment. The matter was adjourned until the 13th of November. BE THOMAS KELLAWAT. Mr Bam ford appeared for the bankrupt ; no opposition. His Honor made the final order of dis- j charge, and the usual order as to costs. RE WILLIAM HAMILTON ENNIS PINCHING. Mr Cottrell appeared for the bankrupt. The Registrar saidjthe Btatementof accounts j was insufficient. The case was adjourned in consequence until the 13th November; his Honor telling! Mr J. R. Johnstone, one of the supervisors, that he would hare an opportunity of examining the bankrupt on that day. BE SAMUEL PAULL ANDREWS. Mr Bamford appeared for the bankrupt. There was no opposition. BE JOHN AULSEBROOK AND JOHN MEADOWS. Mr Wynn Williams asked for an adjournment of this matter. His Honor adjourned it accordingly until the 13th November. BE EWEN CAMERON m'mILLAN. His Honor said that the trustee still complained of the bankrupt's conduct, in not affording him all the necessarj information. The bankrupt said he had asked Mr Raphael teveral times if he wanted him to do anything, and he said not. Mr Raphael seemed inclined to abuse him more than anything else. His Honor advised the bankrupt to write formally to the trustep, tendering his services and demanding an answer in writing. Either the Bankrupt or the trustee was creating a great deal of public inconvenience. The bankrupt said he had lost two situations by his having this matter so often adjourned, and a further adjournment would be rery hard upon him. He wished to have the trustee examined on oath. The trustee was not in Court at the time, and the case was adjourned until the 13th November. RE JOHN BROOK. Mr Wynn Williams appeared for the bankrupt. The following statement of accounts, prepared by Mr Graham, the trustee, was handed into Court: — Dr. — To creditors unsecured, as per accounts filed, including partly disputed accounts, £2312 4s 3d; ditto, secured on land, £1700; interest on same, for which estate is liable, £343 15s; Claims to be paid in full (rent, &c.) £76; estimated cost of realising estate, £300 — £4731 19s 3d. Cr. — By property handed to and realised by the trustee:— grain, £433 13s 6d; stock and implements on farm, £1212 9s Sd; real estate, £2471 4s lOd ; deficiency, £614 lls 8d — £4731 19s 3d. Memorandum. — The available assets realised amount to £41 1 7 ; secured creditors will receive of this £1700; interest on same, .£343 15s ; preferential Claims, £76 ; costs and charges, say £300 5s — £2420. For distribution among unsecured creditors, £1697. His Honor made the final order of discbarge, and the usual order as to ojsts.

ASSESSMENT OF DAMAGBS. His Honor delivered his decision : — This was an application on behalf of Messrs Matson and Co. (creditors), under the 188 th section of the Bankruptcy Act, for leave to prove against the estate in respect to unliquidated damages. The claim was founded en a written contract for the sale of 2500 bushels of wheat, which were to have been delivered within, say five weeks from the date of the contract. Upon the examination of the claimant himself and the witnesses brought forward on his behalf to prove his case, it turned out that the facts were — that before the contract had been broken, just before the time that would have been the proper time for delivery (this is according to Mr Matson's own evidence), he enlarged the time. His own evidecne is — 'I saw the bankrupt about the end of the five weeks " — well, that was clearly before the contract wa3 broken, for the word ' say ' would allow a certain latitude ; " he said he could not deliver it within the fire weeks, as he could not get it threshed ; I gave him to understand that I wanted delivery as soon as possible." That, I take it, is clear evidence coming from the claimant to shew that before this contract, which the Statute of Frauds required to be in writing, was broken, the claimant, by parol, extended the time for the performance of it. It will therefore be impossible for me, consistently with the decisions in the cases, to allow hie claim in respect to unliquidated damages ; the law is clear, as to that. The claimant cannot recover upon a new contract which is not in writing. (Addison.) Of course, there is another portion of his claim which he will be entitled to — the £66 odd for sacks at Is 7d each, and the £65 paid to the bankrupt by Messrs Matson and Co. But I am obliged to disallow the claim in respect to the wheat, just as I should have been if the original contract had not been, as required by the Statute of Frauds,- in writing. An order was made giving Messrs Matson and Co. liberty to prove against the estate of John Brook for £66 odd and £65, and costs. The Court then rose.