DISTRICT COURT.
ASHBTTkSoN— FRIDAY.
(Before His Honor Judge Ward.)
IN BANKRUPTCY.
In re B. W, Osbornb. Motion to set oalde a bill of ute, — Mt Oaygill appeared for the Deputy Offiolal Assignee, and Ms MoOonnall the holder if the bill of sale, appeared on hfi own bebalf. Mr Moponnell took exception to hfi Honor's jarlsdlotlon on the ground that apeolal sppolntment by the Governor wm necessary before a jadge aoald ait la bankruptcy, His Honor rated that such appointment was only necessary for Supreme Court Judges, and that the requisite poorer wm conferred on Judges of the District Court by section 6 of the Aot. Mr MoOonnell asked that the eaa* might be relegated to the Supreme Court, There were intricate points of law and fart to be settled, and. m the oa.se. of an adverse deoision m this Court he would be limited lo his rieht of appeal to the Supreme Court, while if the case were taken In the latter Court, the Court of Appeal would be open to him. He did not think for a moment of railing a quai* tlon aa to Hia Bonor'a ability, but he wished to have the right of rotng to the Appeal Court m the , oaae of an advene deoieion. His Honor said that the case mnat go on. If need be Mr McOonnell oould apply to the Supreme Ooort, whioh, if It thought fit, had power to lanotion aa application to the Court of Appeal. This was a motion to set atfde a bill of sale given by bankrupt to Robert MoOonnell and to call upon the latter to submit a full statement of accounts of hti t'anarctions with the bankrupt. Mr MoOonnell expressed hia readiness te supply the statement of aooounts asked for B. W. Osbomesaid that m JmV 18817, he had transactions with Mr McDonnell. The later advanoed him money to paj debts he was owiog, and he gave M» McOonnell ltons over hh crops and wool. Understood that the money would be available to him for a year, although he was aware that all bills of iale were made payable on demand. Waa not aware of ever having read a detailed statement of the oosta represented by the £75 charged against him by Me Jonnell and Douglas. There were do transactions between that firm and himself prior to the preparing of the bill of Bale and liens, and the statemen's of aocounts submitted " were for oosls and coramiesion (The latter war sbewuat£33.) Did not think he gave »ny order for the payment of these oosts and had no receipt for their payment, It was after the deod was signed that anything waa sa|d about the costs, In addition to signing the deeds he signed promissory notes to the amount of £710. After an argument between Me Oiygill and Mr MoOonr,sll «a to the prodnotfon of the promissory note the witness continued. When the bill of sale was given on. J.ily 20, 1887, witness understood that the £710 o.verad all his Indebtedness to MoOonnoll »ud Dough*, and that the promissory notes for £525 and £860 8i 4d were absorbed by the seourltlea > given. The promiipory notes were renewed MoOonnell getting the renewals. Received a dommutitaatfon from tho Colonial Bank that one of the notes had baan dishonored bat had lost the letter. Tha Bank wrote on their own account at holders of the note, MoOonnell had paid and reoelved money for witness right up to the date of tha bankruptoy, but he had reoelved no eUtem >nfc of >Qooont, When reoeivlog oaah for promlisory notes the amount received had baen leas than the amount of the pete. At the time of the bankruptoy MoOonnell had no tepre enta~ tlve on the farm and w1(q« i wai la posieiilon, fly j ytWn^ hid, )[iU fc
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https://paperspast.natlib.govt.nz/newspapers/AG18891018.2.15
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Ashburton Guardian, Volume VII, Issue 2257, 18 October 1889, Page 2
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636DISTRICT COURT. Ashburton Guardian, Volume VII, Issue 2257, 18 October 1889, Page 2
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