SUPREME COURT.—This Day.

Auckland Star, Volume VI, Issue 1655, 8 June 1875, Page 3

SUPREME COURT.—This Day.

(Before His Honor Mr Justice Gillies.) Re Thomas Pees. The bankrupt is a carpenter in Ponsonby road and came up for his fiual examination and discharge. Bankrupt was represented by Mr Rees/, "and Mr" Brock appeared for Mr Dingwall, an opposing creditor. This case represented the extraordinary feature T pf the, petitioner being in a perfectly Solvent state till he had paid to his'--lawyer the sum of £15 for "put-1 ting him thrpughj.".---His. reason for com-. Tog into the. Court according to the! Trhstee's report was an afction; which'had; been commenced ilgainSt 'him for arrears of i interest on a mortgage by Mr Dingwall. On . the 22nd April his liabilities were £154 7s, -$kud his assets, £135; nominal deficiency, 9E19 7s. " r" Mr Rees explained that the bankrupt had offered to sell the property, but Mr- Dingwall insisted upon having the interest. No arrangement could be come to, and the petitioner had been obliged to seek the protection of the Court. He had already paid £18 interest. • -Alexander Dingwall deposed that he held a mortgage'of £100 over a cottage at Otahuhu belonging to the bankrupt. If the cottage were sold nowV it would not fetch more than ■ £50. He thought he had given bankrupt every'facility;, for coming to an agreement. He'believed bankrupt was in a position to pay the interest. The bankrupt was declared to have passed his final examination, and Mr Rees applied for his/disch^rge« TTf Mr "BrockJopp6se_ v_n the ground4_at he had not been compelled to come iuto Court, but by his ,own-opposition. He was well able, df he wished, tp,meet his liabilities. . Mr Rees contended that the bankrupt ' had done' his ; best to discharge his liabilities, and it was owing to Mr. Dingwall's hostile movements that he had beeu compelled _o file. - ,> ,* His Honor thought it a pity that a man should be driven into the Court Whose assets, and liabilities were so nearly equal. He could see no misconduct on the part of the 1, bankrupt, and should therefore order his1 discharge. . _~,... .. _.-'. h ■'~ Re H. Webb (an iEBIANG isd debtor.) Mr W. -Lr^66B--appeared in this case to make an application for an order for complete execution of a deed of arrangement, and.to.sh.ow cause against an adjudication of bankruptcy, a rule nisi for which had been obtained by Mr Hesketh. 0r... The latter gentleman was present to obtain from the' Court a recognition of the due election of a trustee. ~.--. ;"' * . [Left, sitting.]