DISTRICT COURT, CLYDE.

Dunstan Times, Issue 405, 21 January 1870, Page 3

DISTRICT COURT, CLYDE.

(Before bis Honor Judge Grey). Monday. Jan. 17. Williamson v. Ryan.—Settled out of Court. In this case a jury was summoned Worth v, Bullen.— Claim for goods supplied to Gustavus Caribach. A letter was handed in to the Court Dorn the plaintfff asking for an aljournracnt till the next sitting of the Court. Adjourned accordingly. Crawford v Mellor and Hinehcliffe,— Claim for £79 18s 3d , balance on a bill of exchange and £2O interest. Mr. Chappie appeared for plaintiff, and Mr- Brough for defendants. Th\s was a case of disputed accounts of long standing, and was brought into Court ostensibly to show on whose shoulders the onus of the balance lay. From the evidence ! R was elicited that the amount originally <ue by the defendants was £159 16s. fid., and that upon the dissolution of partnership between the defendants Melba- bad \ pail the one half (L 79 18s. Cd.) and understood he was free from any further liability The plaintiffs counsel admitted the payment of the amount by M-dlor, but i.iil not bold him free from further liability as he was one of the parties to the original bill ;of exchange. The account showing the | balance sued for was then gone into, from I which it appeared that on ib-m of L 44 bad ■ been charged twice. His Honor, after carefully going into evidence, gave a verdict for the plaintiff for 1,59 18s. 3d. against I the defendant Hinohcliffe, and remarked j that Mr, Mellor was not liable, he tini doubtedly having paid the one half j(L 79 ISs. 3d.) on the understan’ing that j such was the case, and further that be had j paid the turn of L 22 more than he was entitled to do. IN BANKRUPTCY. Patrick M ‘Onire. Mr. Brough moved that Bankrupt’s Certificate might be granted Order made. Patrick Fahey. A similar application was made in (his case and granted. Jessee A similar application was made in this case. Mr. Manders for Mesrs Lance and Thoncman, and Mr. Fache for the Provisional Trustee objected, and moved that the Bankrupt be committed for trial for fraudulent bankruptcy. Mr. Manders examined the bankrupt at some length, but failed to elicit sufficient evidence to warrant a committal. The certificate was suspended for two monthsTncsday, Jan. 18. Jacob Thcrmablen. Mr. George Fache, f r Mr. Hnyman, applied for an order of adjudication. Mr. Brough, for the debtor, argued the point at some length, contending that the objact. sought by the petiti ning creditor would be defeated by the petition being granted, as the Court adjudging a bankrupt must appoint the first meeting of creditors. Petition withdrawn, on the debtor’s solicitor, Mr. Brough, undertaking to apply to have the debtor ai judged on Thursday, the 20tb inst. Thursday, Jan 20. E. M. Emmcrton. Mr. Brough moved that Bankrupt’s certificate might be granted. The Court examined the Bankrupt on the Schedule of assets. The Bankrupt stated his willingness to assist the Provisional Trustee in realizing^Older made. Jacob Thormahlen.—Mr. Brough applied for an order of adjudication. Mr. Fache applied for an order to transfer the proceedings to the Supreme Court. After long argument the Court resolved to grant the order of adjudication, and appointed Thursday, the27th inst., at 3 p.m., for the first meeting of creditors to be held at the Court House, Clyde. The order for transferring proceedings to Supreme Court was adjohnied till Sarny -'ay.