SUPREME COURT.

Wellington Independent, Volume XXVII, Issue 3116, 6 February 1871, Page 3

SUPREME COURT.

* SITTINGS IN BANKRUPTCY. Saturday, February 4. (Before Hib Honor Mr Justice Johnston.) IN KE HENRY WILTON. Mr Cheesman applied for tho dischargo of this bankrupt, sheep farmer ; . causes of bankruptcy, losses by wild dogs and othor causes. No opposition. Discharge granted. IN RE MORTON QUIN. Mr Cheesman applied that tho hearing of the bankrupt's case should be adjourned till the next sittings of tho Court, as the bankrupt was then under the arrangement of the Supreme Court on a criminal churge. Adjournment granted. a j; IN RK THOMAS CORBETT. On the application of Mr Borlase, the bankrupt received his final discharge. IN RE CnARLES TAYLOR. Mr Ot. A. Allan appii ad for the disoharge of bankrupt, a builder. The application wag opposed by Mr Greenfield, as trustee. The bankrupt was then cross examined: About the 28th December, 1869, I owed Browne porno money, and as I wanted some more, I uskeel him if ho would pay me the balance of tho value of five Mutualt-nvest-ment shares, on which about £27 had been paid up. lie deducted what I owed him, and paid mo the balance. My wife objected to this arrangement, and she went and saw Browne and made arrangements with him by which he allowed the shares to be made over to Mrs Taylor. Mra Taylor and I keep separate establishments. Wo have nofc lived together for some years I bolievo Mr Browne was indebted to Mrs Taylor, as he is an invalid, and used to come into town for medical advice, on whiuh occasion he used to be taken care of at Mr Taylor's. I attribute my failure to having been compelled to take a bill for £300 ou completion of Urwin's Hotel, which I had erected. Tho piece of land in Frederick street, of which I had a lease for 21 years, 1 transferred to my wife some years ago. and I was perfectly solvent then. My wife has the documents. I have never beon in a busness in a large way or by myself. I had a partner in building Urwin's Hotel, and the bill for £300 was made oufc for Marshall and Tayloi . His Honor: How, then have you put down this bill as £300 in the assets when you could only call £150 of it yours ? Some explanation here ensued by which it appeared that bankrupt and his partner had been induced by Mr Wallace, who had supplied them with £215 worfch of stuff, to hand him over the bill, he giving a gnarantee thafc if tho bill was met by Urwin Wallace would see thafc fcho other creditors of Taylor and Marshall were paid. There were only four other creditors, who, with the exception of Mr Nathan wero agreeable to abide by, the arrangement. It was under the impression thafc I had been thus relieved trom ull claims that might bo mude upon me in connection with that bill. I subsequently found, however, thafc in consequence of Urwin becoming a bankrupt, the bill was dishonored and Wallace held me liable. The examination was continued at considerable length, the trustee advancing a claim on the Mutual Investment Bhares, which had been kept good by payments by Taylor's wife, but the claimant was held to be out of Court; on that point. During the course of fche examination, his Honor enlightened the bankrupt on the law of divorce, by informing him that whatever mutual arrangement he and his wife mighfc have entered into with the view to a divorce could not be held good in the eyes of the law, and that they Btood practically in the relation of man and wife; and that his actions in regard to this property, however well he might be able to clear himself on examination and by fche production of documents, gave to tho trustee substantial ground for opposing the bankrupt's discharge. However, on viewing the whole of fche transactions in a liberal Bpirifc, on the ground fchafc fche bankrupt was not a man of any business knowledge, His honor did nofc think justieo would be frustrated by discharging the bankrupt. Ultimately, ifc was decided thafc the case should stand over till tho next sittings of the Court on tho 18fch instanfc, the trustee being instructed to notify to the bankrupt thafc his appearance would be required when the case again came on, as the bankrupt is employed in the Wairarapa at present. IN BE JOHN ANDERSON. Mr Allan applied for tho bankrupt's discharge. Mr C. J. Pharazyn said he had been authorised by tho trustee, Mr Walter Johnston, to ask for a postponement of the case, as he had not prepared his report. Adjourned till next sittings of fcho Court, February 18th, the trustee to send in his report in the meantime. The Court then rose.