SUPREME COURT—In Bankruptcy.
THURSDAY, FEBRUARY 23
[Before His Honer Sir G. A. Arnoy, Knight,
Chief Justice.]
His Honob sat in Bankruptcy jurisdiction today, and disposed of the following cases. There was rather a longer list than usual, in consequence of His Honor's absence from Auckland to attend the Court of Appeal at WeF-'igton and the C: -cuit Court at Toranaki.
Re A LiiXAXDEE Hogg, Shobtland.—Mr. Beveridge appeared for the bankrupt, who was unopposed.—The bankrupt was partner in the firm of Mackay, Taipari, & Co., land agents, at the Thames. The separate liabililities were set down at £567 12s ; assets (nominal), £2,220, consisting chiefly of interest in a block of land, which is the subject of litigation. Tho partnership liabilities were set down at £7,793 4s 7d; and the partnership assets, £8,705, consisting mainly of certain interests in land debts, to the amouut of £479. The bankrupt did not appear to have kept regular books. — His Honor said it would be necessary to inform the Court how long tins partnership existed, and whether the bankrupt had or not been drawing money f.'om the firm. The bankrupt so id tho partnership lasted about twenty months.—Mr. Beveridge said the partnership had been woumd up, and this was the last partner who passed through the Court.— The bankrupt deposed to the correctness of schedule, was declared to have passed b.B last examination, and received his discharge. Re William Fitzgebatd Cbawfoed.— This bankrupt came up for his last examination, and was unopposed. No creditors appeared. The bankrupt had set up as a grocer at Ohineaiuri, when it was thought that a permanent goldfield was about to be opened there. His customers, however, when " Ohinemuri collapsed," went away without paying their bills. The deficiency in this case was £304 4s. 7d. The bankrupt having deposed to tho correctness of his schedule, was declared to have passed his last examination, aud received his discharge. Re John Smith. —This case had been adjourned for the attendance of a witness. —Henry Lamb Kennedy deposed that lie paid a balance of money to tho bankrupt. The amount was conditional upon receiving the amount of a legacy which witness had purchased. Was to receive £700 from Mr. Henry on account, of his legacy. Mr. Hay, on behalf of another person, had purchased this legacy from witness. Witness said ho would pay Smith' without waiting till tho money came from England. Offered to discount Smith's £200 for £190, which ho refused to take. Subsequently paid James William Smith £200. The bankrupt was, not present on the subsequent occasion. Mr. Hay told witness afterwards that he had paid John Smith £180, Witness considered the affair )very extraordinary, having paid the other brother £200, and believed that John Smith had an opportunity of knowiug that the money was paid. — In cross-examination by Mr. Wynn, the witness said that he offered Hay £150 for the £180. Tho witness held a b;U of sale over James Smith's coaches. Made the offer merely as a speculation, or as bill broker.—Mr. Wynn represented to the Court that the certificate of the bant rapt should be suspended.—His Honor said, looking at the subsequent events, the transactions seemed very suspicious. At the same time there did not appear sufficient evidence before the Court to convict the bankrupt of fraud.— The bankrupt passed bis last examination, and was discharged. ADJOUBNED. Re John Bennett. —Mr. Bees for the bankrupt ; Mr. Kissliug for creditors.— The bankrupt was put back for the production of accounts.—Mr. Rees said the bankrupt had gone to Melbourne and Sydney. He had passed through the Court at the former place, where a great many of the creditors were resident, and applied for an adjournment to the first sitting of the next Civil Sittings of the Circuit Court. —Adjourned accordingly.— The cases of W. S. Harney, Isaacs and Parker, were adjourned to the next sitting day. Business of the Covet.—His Honor intimated that he would sit in bankruptcy until the arrears of business were disposed of. He would sit in banco on Mondays and Tuesdays,, i
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Auckland Star, Volume II, Issue 351, 23 February 1871, Page 2
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675SUPREME COURT—In Bankruptcy. Auckland Star, Volume II, Issue 351, 23 February 1871, Page 2
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