Supreme Court.

Star (Christchurch), Issue 729, 23 September 1870, Page 2

Supreme Court.

♦ IN BANKRUPTCY. Thursday, Sept. 22. (Before Mr Justice Gresson.) His Honor held a sitting under tbe Bankruptcy Acts, in the new c-upreme Court, at 11 o'clock this morning. Last Examinations — New Cases. re peter whitelaw. Mr Slater appeared for tbe bankrupt, and applied for an adjournment of the case. Mr Graham also desired an adjournment, and the caße was adjourned accordingly until the 20th October. KB STEPHEN LAWRENCE. Mr Joynt appeared for the bankrupt, and applied for a final order of discharge. In reply to his Honor, bankrupt said he made over some property to his wife (a quarter-acre of freehold land) about 3£ years ago, beforo be went into business. He gave up to bis trustee £25 7s 3d in cash, and property to the value of £73. Mr Graham stated that this was the case. He had realised £73, besides the £25 7s 3d cash given to him by the bankrupt. There was no opposition, and his Honor made the final order. RE JOHN M'ILROT. Mr Slater appeared for the bankrupt, and applied for the final order of discharge. His Honor said that the statement filed by the bankrupt didn't afford the slightest information. Mr Slater said that the bankrupt had given all his receipts to the Provisional Trustee. The estate was very small, and there was no opposition. The bankrupt had kept no books. In reply to his Honor, bankrupt said that his farm comprised 111 acres. He had 75 acres in grain. He paid £56 10s for labour, and £32 odd for threshing, and the remainder in paying small bills, for which Mr Graham had the receipts. 100 bushels of his corn were sold by Mr Preece, by Mr Graham's order. Mr Graham reported that not a single shilling had passed though his hands. There was only an amount of £4 10s due to tbe estate in the hands of Mr Preece. Oa the application of Mr Graham, the case was adjourned until the 20th October. BE THOMAS HVDSON. Mr liter, for the bankrupt, stated that

his client was in Dunedin, and he had therefore to apply for an adjournment. The case was adjourned until the 20th of October. RE WILLIAM BELL. Mr George Harper applied for the final order of discharge. In reply to his Honor, bankrupt said he had not gone through the Court before. He would have done so more than three years ago if he had had money enough to take him through. The unsecured liabilities (£127 17s) were debts contracted more than three years ago. He was now a day labourer. He had worked at a threshing-machine at Is per hour, but he wrß now doing nothing. There was no opposition, and his Honor made the final order of discharge. BE PATRICE MARTIN. Mr Slater, on behalf of Mr DOyly, applied for an adjournment of the case. His Honor adjourned the case until the 20th October. RE HENRT SMITH. The bankrupt applied for the final order o£ discharge. - Hia Honor said that the case had evidently been one of misfortune, and he would therefore make the final order. Order accordingly. BE JOHN HART. Mr Slater appeared for the bankrupt, and applied for the final order of discharge. His Honor said the bankrupt had been in business for a long time, and yet had kept no books. The Provisional Trustee reported that it was impossible to test his accounts. Mr Slater said that the bankrupt had been in the hands of the brewers, who had virtually kept his books. There was no opposition. His Honor said this was no excuse. Bankrupt, in reply to his Honor, said he had some land — eight acres — in the village of Woodend, which was mortgaged for £50 He attributed his bankruptcy to the depreciation of his property. His Honor said he must mark his disapproval of the bankrupt's mode of carrying on business, by suspending the order for three months. Order accordingly. BE ELIJAH SMITH. Mr Slater applied for the final order of discharge. In reply to his Honor, bankrupt stated that his liabilities (£367) had been accumulating for about three years. He had struggled to get on, but could not. His principal creditor was Mr Newnham for £50. He was a railway plate-layer before he took to farming. He had only bad five days' work since he left the farm. He had never kept any books, because he never was lucky enough to have anything to keep books for. His Honor said the case was not a satisfactory one, and he would therefore suspend the order for one month. Order accordingly. RE QEOBGE FULLER. On the application of Mr Slater, this case waß adjourned until the 20th October. Adjourned Cases, re charles ffrench pemberton. Mr Cottrell appeared for the bankrupt. It would be recollected by his Honor that Mr E. G. Kerr, a creditor, appeared without notice to oppose, and asked the bankrupt a number of questions. Mr Pemberton was now prepared to answer any questions the Court wished to put to him in order thoroughly to clear himself. Mr Kerr did not appear to oppose. His Honor said he recollected what occurred at the former sitting. Bankrupt attributed his bankruptcy to an accident to the refrigerator. He would now make the final order of discharge. Order accordingly. RE JOHN THOMSON, AND BE EDWARD PILBBOW. Both cases were adjourned until the 20th October. RE WILLIAM COLLINS. Mr Bam ford appeared for the bankrupt. Mr Graham said there was no estate. In reply to his Honor, bankrupt said that he attributed his bankruptcy to losses sustained in a garden speculation, which he entered into nearly six years ago. During four years of the time he was paying in at the rate of 25s per week as his share of the capital. Alto* gether, he bad sunk about £150 in the speculation. He bad paid £30 off his old debts. His largest creditor was Mr Rooke. The amount owing to this creditor had been considerably reduced since the schedule was filed. His Honor said that all the other liabilities were small. He would make the final order. Order accordingly. RE JOHN MORGON — NEW CASE. Mr Bamford, on behalf of Mr Joynt, applied for a final order of discharge. In reply to his Honor, bankrupt said that his illness extended over six months, during three of which he was utterly powerless. His Honor said that he would make the final order. This case seemed to be the result of misfortune. RE JOHN DOWNIE — NEW CASE. The bankrupt applied for a final order of discbarge, Dr Foster appeared to oppose, on behalf of Messrs Fereday and Chas. Cooper, creditors. The bankrupt, in answer to Dr Foster, deposed: I owe Mr Cooper £5 10s for a suit of clothes. I had them from him six weeks or two months ago— three or four days before I filed. I left a coat for him to alter. Nothing was said about a deposit when I got the suit of clothes. I took a coat to get altered, and the charge was to be Bs. Mr Cooper asked me to give him an order, and I gave him an order for a suit of clothes, at £5 10s. I told him I would give him £4 at the end of the month. I told him I would pay the balance about a month afterwards. Mr Cooper agreed to it. Some time after I had given him the order, I hurried him to get the suit made, as 1 wanted to have a child baptized on the Sunday following. I came for the suit myself on the Saturday afternoon. I didn't get it then. He told me to call again about half-past nine or ten o'clock. I got the

rait then. Nothing was said at tbat time about paying the bill. He tendered me a bill, and I took it, I paid no part of the bill. Mr Cooper came to me about the bill, about a week or more after the time I had agreed to pay for the clothes. He said " You have done a pretty thing?" I said "What's that?" "To do me out of that suit of clothes." I had filed at that time. I said I couldn't help it. I began to tell him that I was obliged to do it or "go over the hill." I told him I had been there once, and didn't want, to go again. Mr Cooper said nothing like this — that I knew at the time that I would do him out of his money. He said *• You might have done somebody else who could better afford it. The £5 in my schedule is for a suit of clothes from Mr Phillip3. I cannot swear that one order was given within one day of the other. I went to Mr Phillips first to get a suit. He showed me a slop suit, and he altered the coat for me. After I got them home I found that they would not suit me, and he refused to take them back. I then went to Mr Cooper. I represented to Mr Phillips that I wanted the clothes for a christening. It did not come off so early as I expected. Mr Phillips agreed to sell the suit to me on credit. He asked £4 15s for it cash, and Is in the £ extra for credit. There was something said about a clothes club. I didn't say that I couldn't afford the ready money, and would join the club. I have a property in Ly ttelton subject to a mortgage of £50 and £7 interest at 12^ per cent. The amount of interest was due in January last, and a summons was taken out against me somewhere about April. la February last, Mr Fereday appeared for me to defend a case in which Mr Hansen was plaintiff. I didn't pay Mr Fereday his coats. Mr Fereday summoned me for bis costs. Judgment was given in my favour in Mr Fereday 's case, because he made out a bill for two guineas when he promised to do it for one. Judgment was given for one guinea and costs. I didn't pay either of the judgments. Ultimately, I was ordered to pay ten shillings a week on both judgments. I filed in consequence of having to pay £7 13s 6d. Messrs Cooper, Fereday, and Phillips were examined. His Honor suspended the order for six months, and withdrew protection on the application of Dr Foster. The Court then adjourned until this day, in Chambers, at 1 1 o'clock. Adjoubnments to Sept. 23. The following cases were adjourned until next day, in Chambers :•— Re Thomas Harris Parsons, John and James Kirkpatrick Simpeon, William Kelland, Henry Simpson, Charles Flock ton, John Henry Jackson, Alexander Mcßratney, and Charles Wilson.