Supreme Court.

Star (Christchurch), Issue 723, 16 September 1870, Page 2

Supreme Court.

This Day. (Before Mr Justice Gresson.) His Honor sat in the Court Chambers at eleven o'clock. In Bankruptcy, re john higgins. On the application of Mr Wynn William*, his Honor fixed tbe last examination for the 20th October. BB STEPHEN BROOKEB. On tbe application of the debtor, tbe lait examination was fixed for the 20th October. | RE ROBINSON RUDDICK. Mr Joynt applied for tbe postponement, foi a week, of the application for an order 61 adjudication and meeting of creditor!. A meeting of creditors had been held yesterday, and there was a probability of the matter being taken out of Court. The matter was accordingly ordered tf stand over for a week. RE THOMAS LAFFT. On the applicacion of Mr Joynt, his Honor fixed the last examination for the 20th October. RE JOHN HIOaiNS JENKINS AND NATHANIEL CHANDLER. Mr Garrick applied for an order declaring tbe complete execution of the deed of assignment. His Honor made the order. BE THE ASSIGNMENT OF JASPER F. O'OALLAGIIAN AND JOHN LESLIE HENDLEY. Mr Hanmer applied for an order declaring the complete execution of the deed of assignment bearing date the 4th July, 1870. Dr Foster, instructed by Mr Nalder, appeared to oppose on behalf of Mr John Ferguson, and applied that the deed should be left to its operation at common law. If that were done, he contended that the deed was absolutely void as against bis. client. He should be satisfied if the Court abstained from making the order now, and thereby give Ferguson an opportunity to Bue, and thus test the validity of the deed. Mr Hanmer said that his learned friend's arguments might have some weight if the proceedings bad been under the English Bankruptcy Act, 1861. His Honor: But the sections are very analogous. There it very little difference in them. Mr Hanmer said bis learned friend had not shown that the proceedings were not in conformity with tbe provisions of the Act. Consequently, his arguments fell to the ground. The deed was executed, not only for the good of the debtors, but for tbe good of tbe whole of the creditors existing at the date of its execution. In an action of tort, costs did not become proveable in bankruptcy until after final judgment had been obtained ; and in this case the deed waa executed before such final judgment was obtained by Ferguson against Hendley as corespondent. He contended that the deed, having been executed and filed in striot conformity with the Act. could not be set aside. The other side might hare applied to proceed against Hendley

personally. The Court might grant suoh leave, -but would not 'pronounce againßt the validity of a deed which bad been executed and filed in strict accordance with the Act. ■ His Honor said that this was a very important question, and be should take time to consider it. RE THOMAS 80MMERVILLE. On tbe application of Mr Slater, his Honor fixed tbe last examination for the 20th of I October. _^_____»_