Supreme Court.

Star (Christchurch), Issue 184, 14 December 1868, Page 2

Supreme Court.

',/■-.,-*'' In Bankruptcy. This Day. (Before Mr Justice Gresson.) His Honor held a sitting under the Bankruptcy Acts, at the old Town Hall, at II o'clock, this morning. LAST EXAMINATIONS. — NEW CASES. RE JAMES FERGUSON DOUGLAS. Dr Foster was named on the record as appearing for the bankrupt, but the bankrupt appeared without counsel. Mr Graham reported as follows: — "1. That on the 22nd of October last, accompanied by one of the supervisors, I saw the bankrupt at his residence on the Leeston Road, and told hitq what was required at his hunds to enable him to pass his final examination on the 10th inst. He has since waited upon me with. a; number* of loose vouchers,.- andrunde^ - took to come again and assist to make up his accounts and explain his position, but that he has failed to do. 2. ,L verily believe-: he isya-v man well able to work, and has the means, if he chooses, of paying something to his creditors; and I cannot at present, from the" limited knowledge of his affairs, make any report in hia favour. All the assets handed over to me are some book accounts of little or no value." His Honor said that the bankrupt had not filed the statement of accounts. The trustee had complained that he had not rendered him any assistance, and he was therefore totally ignorapt pf the state of his affairs... Under these circumstances he could not grant an order of discharge. He would adjourn tho hearing until next sitting day, and if the bankrupt intended to obtain his discharge, he must afford every information to the trustee. The matter was adjourned until Thursday, January 7th. ... ■ ' - ■ -\U („ 'aa. BE THOMAS WTCIIERLY. Yj.Y; Mr Joynt appeared for the bankrupt and made application for the final order of' disi-^ charge. . :i ' '- : Mr Graham repotted as follows :— i. '^That having carefully looked into the aftaiW- of bankrupt, aud examined such books as 'he kept, and also tested his statement of assets by applying for the accounts, I do. not find much discrepancy in. them, beyond the overvaluation of his stock and furniture. 2. That the principal creditor, who is one of the supervisors, complains, pf bankrupt's conduct in obtaining so largo a credit whiist owing so muoh for rent (nearly £200)* but the test of t^e book debts being satisfactory,: I cannot think the bankrupt has been running into debt with the intention of defrauding this ' - creditor. I attribute his failure to a heavj rent, falling off iv business, and want of pro : per management in allowing the book debts to accumulate as th^jr have done." His Honor (add.ressing the. bankrupt) said that his creditors complained of his having allowed himself to run so far in arrears with his rent. The bankrupt said he had taken the lease of the house from another party; the rent was very high. His Honor said that it was the rule in Canterbury for publicans to take houses at a most absurd reat. This, he noticed, was the cause of failure in almost every instance. Mr Joynt said that the hotel in question was a well-paying one when the bankrupt leased it. There were only two public houses at Rangiora when the bankrupt started in business, and his house was by far the best in the township. Since then, a third party had erected au hotel directly opposite that rented by his client. There were now about fire public house, in Rangiora. In reply to his Honor, Mr Graham said that there would likely be a dividend in this case. Public house debts were very difficult to get in, but he had no doubt that he would be enabled eventually to declare a dividend. He had no objection to offer to the bankrupt's discharge. His Honor made the order of discharge. Mr Joynt applied for the usual costs. His Honor acceded to the application. RE JOHN ,M,'<JREGOR. Mr Slater appeared for the bankrupt, and applied for the final order of discharge. Mr Graham reported as follows :-f-l. That "• the bankrupt carried On business in Durham street, but after his bankruptcy he removed into Cashel street, where he is now in active business at his old trade, as if nothing had occurred, and this in violation of the Act. 2. The supervisors consider the bankrupt has not dealt fairly and openly with his creditors, and they see no reason for his failure. He has not shewn them or me any books nor : any statement of accounts for past transactions, and as his affairs require thorough sifting, I beg that the Court will make an order compelling the bankrupt to, make an immediate and full disclosure of last year's transactions. It appeared that the required information bad not been furnished to the trustee. Mr Graham stated that he was perfectly in the dark as to the state of bankrupt's affairs. The bankrupt said that he bad only kept one book, and he had handed it over to Mr Slater. His Honor adjourned the case until the 7th of January, remarking that it would be again adjourned if he had not more information as to the position of the estate tban was now before him. .....•, KE WILLIAM STYCHB. The bankrupt, in person, applied for a final order of discharge. Mr Graham reported as follows:--l. There is no estate as shewn in the statement filed herewith, but I have had no notice of opposition. The bankrupt seems tb have kept no booka, and therefore I have ' bad' rid opportunity of testing the value of his statements. He has a public house on the Lincoln Road still open, under the assistance of some of his old creditors, but I, have no.; super rision over his present transactions.' Mr Graham -Said' 'there was no estate in this matte?. ,•■•.-. . ;.. ;r ;

There was no opposition, and his Honor made the order of discharge. He observed that the bankrupt had had a great deal of illness in his family. The order of discharge was made. KB ALEXANDER CHARLES MILLS. Mr Cowlishaw was the solicitor on the record, but' did not appear. The bankrupt, in person, applied for his final order of discharge. The Registrar said that the proper documents had not been filed. The trustee had only sent his. report to him by post, instead of sending it to a solicitor to have it filed. It appeared that the trustee was a Mr Hutton, of Timaru, grOcer. His Hoaor said that the trustee had furnished very little information to the Court. No statement of accounts had been filed. The Teport furnished by the trustee stated that there would be a probable dividend of 3s or 3s 6d in the pound. - His Honor remarked that the proceedings were most irregular, and directed the Registrar to write to the trustee, telling him that he must appear in person er be represented by a professional gentleman. He must adjourn the case until Thursday, the 7th January. The case was adjourned accordingly. RE JOHN CHARLES BROOKE. The bankrupt, in person, applied for an order of discharge. Mr Graham reported as follows : — "That the bankrupt made an assignment for the benefit of his creditors in July, 1866, and that his estate then paid 2s 2jd in the pound. 2. That he commenced business again soon afterwards, and, as he admits himself, at a time when he was not solvent; and having to pwrchase his goods from a Dunedin firm it was not to be expected he could long compete with those in the same trade who imported their own goods. 3. I have, with the supervisors, examined the accounts filed by bankrupt, and now before the Coiirt, but as there are no books to substantiate tlie statements therein made, we cannot vouch as to their accuracy, although they may be correct. 4. The largest creditors are Messrs French, Kempthorne, and Co., of Dunedin, from whom 1 hays had no communication. The Chrißtchureh creditors amount only to £41 14s. Sinae the above was written, I have received the following telegram: — ' Brooke's final examination, Thursday. We have great opposition to offer. Had no notice of his insolvency. Owe 3 us £684. French, Kempthorne.'" Mr Graham put in a telegram from Kempthorne and Co. of Dunedin, stating that they intended to oppose. A long discussion took place between the Court, the bankrupt, and the trustee. Ultimately, his Honor adjourned the matter until Thursday, the 7th January. Adjourned Case, be chasleß woodham. This case stood adjourned, in order that the bankrupt might have an opportunity of stating how a horse and cart had been disposed of. Mr Graham informed his Honor that the bankrupt had never called upon him since last sitting day. He appeared to treat the matter with perfect contempt. His Honor said he had not the slightest reason to alter the opinion he had expressed on the former day, that the bankrupt had made away with the horse and cart improperly. He would have to restore it to his creditors. The bankrupt said it was beyond his power to do so. His Hnnor said that the bankrupt must have sufficient influence on his son to enable him to tell where the horse and cart were. Until they were restored to the trustee, the case would be adjourned from time to time. The transaction was an improper one, and if any creditor made application, the probability was that the bankrupt would be sent to prison. The case was adjourned until the 7th January.