DISTRICt COURT.

Wanganui Herald, Volume XXXVI, Issue 10815, 4 December 1902, Page 6

DISTRICt COURT.

v I s THURSDAY, DECEMBER 4, 1902.

(Before Mr District* Jiidgffe Settle.)

Oih'cial Assignee ,in Bankruptcy of the property of Thomson v". United . Farmers' ClA.^TLtdc- i . „ ' . ' Mr "Fitzherbert appeared for tlio Assignee,' ..and Mr Trcadwo-ll for the Company. I . In ■ delivering judgment in the above case, which was . argued last week, his Honor said it' was- not nedessary to re-sj.ate the admitted facts. Tlie question to be determined was, did the Company ; have t notice, of an available act of bankruptcy committed by tlie debtor when its splicitor received the' money under- the attachment "oder? (See 'section 80, Bankruptcy Act, "18y2). Having regard to the admitted facts',' his Honor was of_ opinion the , Company }oy its solicitor bail sncli notice before the money was received by ' the latter. The principle on which the' Court should - act wast laid down in the cases cited in Baldwin on Bankruptcy," Bth edn., page ;335, especially "the case of ex^ parte Snowball, in re Douglas, 41 L.J. Bankruptcy, 49. See also the New Zealand case of in re 'lioorc, 4 N.'Z.L.R.S.C. 314. Applying the principle established by these, and' similar, cases to' the admitted facts," it was clear that the sum '(^l4 odd) deceived .by the Company must be paid over to/ the D.O.A. for tlie benefit of the general body of creditors^ Order accordingly,' with costs £5 ss, and disbursements.