SUPREME COURT.

Star (Christchurch), Issue 1170, 17 November 1871, Page 2

SUPREME COURT.

Thursday, Nov. 16. (Before Mr Justice Gresson) . In Bankruptcy. His Honor took his seat at 11 a.m. re jonN nankiwell. Dr Foster moved for the final discharge. Bankrupt, in reply to his Honor, said that he attributed his bankruptcy to being suddenly called upon to pay rent, which liad been allowed to accumulate for some years. He believed that there was a dispute about the property, and that was the reason he was not asked for the rent before ; in fact, he had been told that he would not be required to pay rent. Dr Foster said he believed what bankrupt stated to be true. The landlord was almost the only creditor, and there was no opposition. His Honor granted the final discharge. RE THOMAS COLEMAN. Mr H. Slater moved for a final order of discharge. Bankrupt, in reply to His Honor, said that he kept no accounts. His rent was 10s a day. Had scarcely any capital when ho commenced business, but went into it on speculation. Had offered his creditors to pay 20s in the £ when he filed, if they would give him three months timo. Could have borrowed the money from friends. Mr Innes, the brewer, was the creditor who pressed witness. His Honor said that he should suspend bankrupt's discharge for two months, and withdraw his protection, as he was not satisfied with bankrupt's conduct in not keeping accounts. RE THOMAS THOMSON. Mr Slater moved for the final discharge. Bankrupt examined by Mr Jameson for > Wood Brothers, Riccarton, millers, creditors :

Bi July, IS7O, I purchased a property in , Colombo street from Deßourbel and Co. Ib . was occupied by Pugh, who paid 25s a week. I occupied a portion of the premises. I was ; to pay Mr Deßourbel £100 in 1873, in 1874 £200, in 1875 £450. There was an agreement entered into between us. Mr Deßourbel has : got that. I gave acceptances for the money . at those dates. I have not taken up any of them, but I have paid Mr Deßourbel interest ' on that money afc the rate of 8 per cent. I ' sold that property to my brother about seven ■ months ago. After that date Pugh paid me > rent once only. My brother became respon- ■ sible for the payment of the first £100, and I gave him the property as security. I gave the rent I received from Pugh to my brother. \ Pugh handed over to nic a premium for in- : surance, and I handed it to my brother. My l brother was in the occupation of a shop adi joining Pugh's shop. My brother used to pay me 10s a week rent. He paid me last . about three months ago. That is not accounted for in my statement. I suppose I • forgot to enter it. That money went for > expenses, 1 suppose. Mr Jameson applied for an adjournment, as he wished to examine the bankrupt's brother, Mr Deßourbel, and Messrs Wood Bros. His Honor adjourned the further hearing of the case to the 21st Dec. RE JOSEPH ALEX. J. MACGREGOR. Mr Slater appeared for bankrui>t. Mr Bamford appeared for Alfred Osborn, a creditor. Mr Slater said that he should object to tho affidavits of proof. He had only received notice of opposition on Monday evening, and having searched on Tuesday, found that the proof had been filed. He had no opportunity of mentioning the matter in Chambers. Mr Bamford said that ho would admit that the notice of opposition had not been given within the time required by the Act. The bankrupt said that he should be glad to waive the objection as to the proof, and , liave the matter proceeded with at once. Bankrupt examined by Mr Bamford-^-I have been in Canterbury about nine months and three weeks. When I first came hero I owed about £50 or £60, payment for which . woidd not have been pressed. Those debts are included in my statement. I have had, virtually, no losses since I have beon here. I have had no sickness in my family. I sought j the protection of this Court because when I [ arranged with Mr Osborne, the opposing , creditor, for goods I was to have six months' l credit, and he sued me in the Resident Ma- . gistrate's Court six weeks before the six ! months had expired. He had harassed me . with threats before that, and I called on him ' and said that I would pay him at the end of September, and he agreed to that. Ho sued me before that time had expired, and when I received the summons I went i to him, and he agreed to let the matters stand over for a time. In three days i afterwards Mr Osborn sent up two bailiffs, who seized a few tilings under tho verandah, but I kept them out of the house for five days and nights. I had been pressed by two credi- , tors beforo that, but had paid .them. I had written to England previously to my brother for £500, and I hope that I shall get it yet. My brother is at present in the Bombay Presidency. Six months before filing I owed £36 2s. When I was adjudicated bankrupt I was deficient £131 10s 6d. My family consists of myself, my wife, and my son. If I f had been let alone I should have paid every , person. The furniture mentioned in the final statement includes tho furniture I obtained from Mr Osborn. By Mr Slater : I liave in former days assisted my brother by lending him money, i which he repaid me. I never received assistance from him. My estate will be entitled to £26 from Coleman's estate. Alfred Osbom, examined by Mr Bamford : I recollect bankrupt obtaining goods from me. I told him that they must be paid for in ; three months. I will positively swear that I . never told him or gave hia to understand that he might have six months credit. ! By Mr Slater : The bankrupt owes me - £17 14s 6d, viz., about £14 for goods, the rest ' being for expenses in the Resident Magistrate's Court. On the llth October I swore that I held no security for the debt, although I had a judgment in tho Resident Magistrate's Court. I did not understand that judgment to be any security.' Tho bailiffs seized a rocking-horse belonging to bankrupt, which sold for £1 Bs. I considered that money was for the bailiffs' fees. The rocking-horse was brought to my place for a time. I have seen nothing of a whip. I know nothing about a whip being mentioned to the Magistrate. \ Mr Bamford said he would point out thafc ! in six months bankrupt had contracted debts , with several par ties without a reasonable ex- , pectation of being able to pay. ; Mr Slater said that the amount bankrupt [ owed was not largo. Ho had paid what ho , could, and there was the sum of £26 coming to his estate from Coleman's estate. ■ His Honor said he was not altogether satis- '■ fied with bankrupt's conduct, neither was he altogether satisfied with the conduct of Mv Osbom. Bankrupt, with no losses and having but a small family to support, had in six '. months contracted debts which, when compared with his assets, shewed a deficiency of £95. Under the circumstances, he . should suspend bankrupt's final order for two months, [ protection to be withdrawn ; bankrupt's solicitor's costs and the costs of opposition to j be paid out of the estate. RE EDWARD POSTER. This case had been adjourned from the last ■ sitting of the Court in order that bankrupt might make somo arrangement for tho pay- . ment of a debt due to the Government as an . assisted immigrant. Mr March, Immigration Officer, said that ; he had proposed terms to the bankrupt, but no arrangement could be come to mth him. His Honor said that he should adjourn the case for six months from that day. Bank- ■ rupt's protection had been previously with- : drawn and would continue to be so. The

Government would be able to determine what steps they would take in the matter. Mr Slater said that in Chambers he should apply to have the claim made by the Government expunged. The Court then rose.