SUPREME COURT.

Auckland Star, Volume IV, Issue 1200, 27 November 1873, Page 3

SUPREME COURT.

THIS DAY.

(Before His- Honor the Chief Justice.) "% 1 ' L IN BANKRUPTCY. IN RE THOS.:CK.4JG.

\ Mr Rees applied to -strike off from this estate a proof of ■ debt^Jf Burt, £995/- [HO J Mr Hesketh appeared for Mr Burt, and objected to the proceeding, peiiding a motion for. rule 'nisi, calling upon Mr J. Richmond, solicitor, to shew cause in matters connectedwith this proof of - debt. He (Mr.Hesketh) ur^ed that the matter should stand over until thai rule calling "upon Mr Richmond to answer certain matters alleged in affidavit agaiinst him had been disposed of. 1 His Honor overruled the objection, and the csiseprpceeJed. ft James Burt was then sworn, and proved against the estate of Craig for £995, as : ttu»tee of Harris and Laurie's estate. The original! claim, was with interest, £1,700, of which the £995 was the balance. There was a deed, 'security overrcertain property atiWangapoa, made out to witness, and tnere were : certain acc|Bptanceß of Harris and Laurie in favour of Craig, ana mortgaged to';'th"e Loan Companyi which ■ it'was arranged Craig was to tak«;Up. The whole of -the claim was sold' for i£>7oo! ttf WBf3 MacfaHane, f according 'to instructions from the creditors. Witness objected to being-called'upon to attend a meeting of Craig's creditors on or about the 25th September.^ -i -Mr Richmond said he would attend jtp y $he matter on -.witness's behalf. Witness is instructed that he still ' appears aa' ■ creditor; dn:: the estate. Hesketh and Richmond, so instructed.him. has told Craig' he'bwed witness ■.nothing but claims against the estate in .the way.. spoken of. The reason forswearing that the £995 was, unsecured might have arisen from the defective title of the'mill site at Whangapoa; By Mr Hesketh, :■ I executed- a deed of assignment of the debt to Macfarlane and Wilson:■•• Except' in the way spoken of I hare no claim. ; H,is Honor ruled that the proof must be struck out, and Mr Eecs 1 application was granted accordingly.

Mr Rees then applied for costs, which the Court refused.

Mr Rees then applied to have struck off from this estate a proof of a debt to Patrick Edward Dillon, of £20 4s 9d, balance of salary as book-keeper at £5 per week. Mr Hesketh appeared to oppose the application.

[Left sitting.]