SUPREME COURT.

Star (Christchurch), Issue 5097, 3 September 1884, Page 3

SUPREME COURT.

♦ • In Bankruptcy. THIS DAT. (Before His Honor Mr Justice Johnston.) Re Benjamin Behrens. — Return to summons. On the application of Mr Slater this was adjourned till the next sittings of the Court. Re Everett Brothers. — Mr Kippenberger obtained an order directing the admission of proof of debt of Joseph Pickles and Son herein. Re John Nankivell. — The Official Assignee, by Mr Malet, applied for directions under rule G7 ; he asked for the adjournment of the public examination for another week. Mr Corr appeared for the bankrupt. The matter was postponed till a later stage of the business.. DISCHARGES. The following obtained orders of discharge : — Nicholas Gregg (Mr Kippenberger), William Bowden (Mr Malet), B. L. Lissaman and Josiah T. Hood (Mr Bruges). PUBLIC EXAMINATIONS. The following came up for public exam *- nation : — Andrew M'Laurin. — Mr Izard appeared for the bankrupt, who attributed his bankruptcy to having sunk too much money in farming. The Assignee's report was unfavourable. His Honor considered the examination should be taken after the other debtors had been examined. The business seemed to be complicated and intricate. Charles Fish Fox. — Mr Izard for bankrupt. The examination was declared to be finished, &c. Arthur Beauchamp. — Mr Bruges for bankrupt. The examination was declared finished, &c. Arthur Bell. — Mr Bruges for bankrupt. Examination finished, &c. Jj| Samuel Jacobs. — Mr Weston for bankrupt. The Official Assignee's report was unfavourable. Examination finished, &c. Donald M'Leod. — Mr Byrne for bankrupt. Examination finished, &c. Frederick Wyatt Francis. — Mr Loughrey for baukrupt. On the application of the Official Assignee, this matter was postponed. John Fowler. — Mr Stringer for bankrupt* Examination finished, &c. James Fleming. — Examination finished, &c. Andrew M'Laurin, examined: Was a mill-ovvner and farmer at Kaikoura since 1870. Took aMr Skevington as partnei*, about 18 months ago. The partnership was dissolved Dec. 31, 1883. It was generally known before it took place, but public notice was not given till about three months later. Mr Skevington brought .£2500 and was to take out that and the profits, with other money to the amount of JB3OOO. Gave Skevington a mortgage for that amount. Skevington was not a partner in the farm. Creditors charged either the mill or farm, as the goods were taken for either. In 1880 received some money of debtor's sister. This went mostly to the farm. It was lent to witness by his sister to do what he liked with, and she was to receive 10 per cent. She gave authority to witness to use the money for himself. Had a plotter to that effect. * Could not say the date of the letter. His sister had been living at the mill, at Kaikoura, • for the last three or four years. She does not oppose the debtor's discharge. The Official Assignee here put in a declaration of trust made by the bankrupt as to the manner in which his sister's money had been invested. The Bankrupt : Had made the declaration some years ago when going Home. The investments were made in witness' name. His sister consented to the money being paid for the farm. After the monies had been returned, his sister lent them to him at 10 per cent. The Official Assignee put in a declaration from Miss M'Laren to the effect that the moneys had been placed in the debtor's hands for investment. The Bankrupt : His sister and he wore on good terms.

Mr Izanl, on behalf of some of the creditors, asked the Court to allow the time to be extended for them to send in their proofs. His Honor, before dealing with this,. declared the examination finished, &c. With regard to the extension of time, his Honor required that the application sliould be set down. John Nankivell (to Mr Malet) : Bought a horse, for which receipt produced, before July 7. Paid £15 for it on August 7. Filed on August 19. Knew he was going bankrupt on August 7. Paid liis money as far as it would go. Was askod by William Stoddart for the money. That was about the last money he had. To Mr Corr : There was no stated time for credit. Mr Malet submitted that Section 79 of the Act had been infringed, and asked 1 1 that the payment might bo declared void 1 1 as against the Assignee.,

I Hia Honor understood there were other : payments under similar circumstances, and would hoar evidence as to them. The bankrupt gave evidence as to a payment of £25 on August 4 to Nelson M'Lonaghan for an antecedent debt. William Stoddart : Had received the £15 on August 7 from Simpson, who bought ' bankrupt's business. To Mr Corr : Was to take £7 worth of meat and to get £10 in money. No time for the payment was mentioned. The bankrupt (to Mr Malet) : Sold the business to Henry Simpson for £G0 on August 1. Simpson was to allow Stoddart £5 in meat, and £10 in cash. Paid Simpson £15 to pay Stoddart— -took £15 off the £50. Received £G0 from Simpson, and paid him back £15. Nelson M'Lonaghan, plasterer : Received £25 in cash on August 4 from bankrupt, for goods set out in the particulars. The debt was due for months before. Mr Malet applied to have the payments set aside, as void against the Assignee. There was not a shilling in the Assignee's hands. His Honor declared the payments void as against the Official Assignee, leaving the latter to take his remedy ; and adjourned the public examination. Re M'Laurin. Mr Izavd now applied under section 107 subsection 7 for an extension of time for certain creditors to prove. The Official Assignee made no objection. His Honor extended the time three months.