'DISTRICT COURT.

Ashburton Guardian, Volume VII, Issue 1739, 13 January 1888, Page 2

'DISTRICT COURT.

ASH BURTON— FRI DAY.

(Before His Honor Mr District Jadge Broad.) IS BANKRUPTCY,

lie John Blaak. — Application for Oder of Discharge— Mr Clayton for applicant, who stated thau the case had been adjourned from last sitting to enable him (counsel) to ohtaln abandonment of three clalrnß. These had Binoe been filed. Ordor grant ad.

.Re Thomas Houlfc — Pablio Examination — Mr Pacuejll for Offiolal Assignee, Mr Oothbertaon for debtor — Mr Pornell was afraid that some of his witneaees were not m attendance, Due notice had been given. He would ask that those witnesses In attendan os might be examined m), it necessary ho would probably have to apply for an adjournment — James Oaborn was called bat did not appear, — Walter Hayman iworn, said— l am a farmer reaidiog at Flemington. Have proved my claim ss a oredltor la this estate. Know the bankrupt Hoult. Sold him B'x pjge m September lait. They were to be delivered to him two at a time. I went to his shop and told him I had eight plge for sale. He agreed to give me 3i per lb. He was to pay oash on delivery. I took the first two to him on Saturday (the 21st, I think). We weighed them and he told me to oall round m the afternoon and he would pay me. I said he cou!d pay me when the others were delivered. I sent m two by coach on the next Thursday and two on the following Saturday. He told me he would settle with ma If I would oall m m the afternoon. Called m that afternoon. He took me aside and said "Look here, do yoa want the money for a week.l" I said I wanted the money, bat a week would'nt make much odds, and he said I ehould have it on the Satut day folio wiog, Mrs Hayman|oalled foe the mono? on that day but he did not pay her. I hare not been' paid. On the following Wednesday I called npon Hoult and asked for the money. He tuld me that ho had'nt it, he had bean summoned by James Osborne and he wanted to pay the amount into Court because he didn't want his name to appear m the paper. He promised to pay the following Wednesday. He filed on that day. The amount due mo is £7 J2s 6d. When I agreed to sell him the piga I had'nt the slightest; idea he i was m difficulties He was a well-known buyer he had been buy lag pigs of farmers; throughout the season. Gross-examined : Never dealt with him before. Ha eaid he oat up these pigs and sold them m the shop. I don't think he said m his evidence that the reason he could'nt pap waa beoauee the Mesars Friedlander had put the bailiffs m. I wa3 not aware that there was a bill of sale over his things. Ro examined : I used no unduo pressure to Induce Hoult to buy tha pigs. Alfred Harrison, auctioneer, sworn, said — I have had many dealings with Hoult. About the end of August he gave mo a prom* issory note for £8 16a, whioh Is still unpaid. The bill was given to me for balance then due for gocda purohased m the yards. Jn October, on the Saturday previous to his filing, he purchased from me several pounds worth of goodß. The goods were removed. I have no doubt by him or hie assistants, between 12 and 2. He did not pay for the goods. When I sold him the goods I think I knew that he had difficulties, but did not anticipate hie filing. I saw him on the Monday about paying for the goods. He promised to pay mo on Wedceaday. He did not pay. He did not tell me that there waa an execution on his premises.— Cross-examined : I have had many transactions previously with him and taken many promissory notes from him. They have always been paid, I think I knew there was a bill of sale over him. I won't be positive. I was quite satisfied with his promiao to pay on Wednesday. — Re examined ; As a rule cash settlements were rare. Sometimes he Bettled by oash, more frequently by bill. — James Osborne having been again called but not appearing, Mr Purnell applied for an adiourn.itt.ent, — Mr Guthbertaon pointed out that it was no fault of tho bankrupt, that the witness was not here. — His Honor said It was to the interest of the bankrupt that the enquiry shoul.l be aa oompleto as possible. Fnrlher hearing adjourned till next sitting of the Cmrt. ■