SUPREME COURT.

Evening Star, Volume VII, Issue 2043, 22 November 1869, Page 2

SUPREME COURT.

IN BANKRUPTCY. This Dat. MOTIONS. Mr M'Keay applied for a rule nisi, calling upon J. Laverty to show why a writ of attachment sh uld not issue. The application was bas'd on affidavits, from which it appeared that one Charles Brora, a process server, had been sen' up country by the provisional trustee to t ike possession of the estate of one John Brown, an insolvent. After he had been in undisturbed possession for some ten days, Laverty, who alleged that he was acting under a bill of sale, took forcible possession of the premises, and sold stock over and above the amount of his alleged claim. The rule was granted, and was made returnable within six days. On the motion of Mr Stewart, instructed by Mr Stamper, the 29th instant was fixed for the last examination of Peter Ramsay. Mr Hnworth applied for a rule nisi for a writ of prohibition, restraining C. D. Smith and Mr Strode, R.M., from taking further proceedings in the case of Smith v. Blyth. Rule granted. On the motion of Mr Macassev, the attendance of Alexander Fisher, James Henderson, John Fraser and James Shaud, junior, was ordeted. On the application of Mr Stewart, the case of James B.iggt was adjourned for a month, FINAL EXAMINATIONS AND DISCHARGE, In the following cases, there being no opposition, the usual order of discharge was granted :—Samuel Co lins, Michael Sherlock Oloeson, W. H. Hatch. COMPLETE EXECUTION OF DEEDS. In the following caws the usual certificate

of complete execution was granted :—Adam Meidor, iSamual Paokham, and Anthony St. G. White. orrosKD casks. Re Robert Stuart:—Mr Kenyon for bankrupt, who on being e aminod by Mr Stewart, who appeared for the trustees, deposed an follows:—I am a squatter. In August IS6S, I had 15.000 sheep, and an iuce : se f 4 006 in December. I recollect gnntmg a mortgage to the Otago and Southland Invrstm.nt Company for LIO,OOO, by which [ assigned 15,000 sheep. At that time I had 1 relieve some sheep beyond those men- : mod in the bid of sale. I would not wear how many sheep were on the station. [ t"ok the mortgage from G. G. Russell and T>., who previou-ly held it, and supposed on he same t rms as they held it. What sheep L sold Russell and Co., know of. I recollect stating at the time of granting the mortgage, stating that there were 18,000 sheep on the stat on. Fifteen thousand were disposed of by mortgage. I suppose the rest are all dead, I sold 3,500 sine* May last, and I have pat 2,400 on it within the last three months. It is impossible to nay how many are on it now. 1 positively refuse to swear anything about the number f the stock. There is a sum of money duo to me, but as to the amount and when I shall receive it lam perfectly ignorant. I am perfectly willing that it should be included in my schedule. I believe it is the balance of a sum bequeathed to me under my ‘ather's will. The sole trustee is Mr J. Kennedy, Manchester. I first received monies in 1864 ; L have had the greater portion of the legacy, about 1-12,000. The money wra sent to Melbourne for me. The baluica coming to me may be LI,OOO or LBOO or leas. Cross-examined.—All the money I ha\* received hai been invested in station pro* perty. I told my trustee and several creditors that there was a balance due to mo. Mr Stewart explained that there was no objection to the bankrupt obtaining his final order ; the trustees merely wanted such inonnatiou as would enable them to obtain p ssession of the sum of money referred t>- # and to get information about the bankrupt’s sheep. After some discussion, his Honor granted an order of discharge, condition dly that the bankrupt should, if require! by the trust • to do so, execute an assignment of his rcVTtsion of the legacy. Re John Graham. —Mr Macassey, instructed by Mr Wilson, appeared for the bankrupt, and Mr Smth opposed. The bankrupt was examined as follows :—He was a painter and glazier, and for some time carried on business in Princes treet Cutting. About three and a-half months ago, finding himself unable to meet his engagements, he called a meeting of his creditors, and entered into an arrangement with them. Those who attended agreed to take 5s in the £, 2s 6d in fourteen days, and the balance in two instalments at four months. His brother was to pay the composition ; he paid the first instalment to Messrs Scanlan and Co., Webb, Lees, Walden, Haworth, and Whittington; at bankrupt’s request, a Mr Lambert gave promissory notes for the remaind. r, which has not yet been paid. His brother kept the shop in Princes street for fourteen daya after the arrangement was made, and then removed the stock, valued at LIOO, to a place in George street, and there worked it into money to pay the dividend with. There were creditors to the amount of LIOO whom he never paid any dividend to, or consulted. Two of his ere liters had an interview with the manager of the Bank of Oi ago. and they informed him that Mr Laraach would have nothing to do with the deed. In cross-examination, the bankrupt said that he dealt with the Bank of Otago. In February 1869, he had overdrawn his account to the extent of LlO4. His brother-in-law, Mr Law, who afterwards went home, then gave a cash credit bond, whereby he was enabled to overdraw to the extent of LSO ). When his account was close ■, he had overdrawn L5lO 17s 2d. When he called his credi ors together he owed about LI4OO, including the bank overdraft of L5lO. His losses avo-e through takin ' work too cheap.—Mr Smith submitted that the bankrupt had brought himself under sub'-sectioh 120, by giving a preference to one of his creditors.— Mr Macassey submitted that no c;:ae bad been mule out for the suspension of the bankrupt’s discharge. The only thing that called for observation, and which occ si ned surprise, was that the bank on such a security should have allowed the bankrupt to get into tlitir books as he had. There had been no fraudulent intent to prefer one creditor before another on the part of the bankr pt. The error had arisen through ip'fstaken judgment, and being wrongly advised by some of bis creditors.—His Honor suspended the bankrupt’s order of discharge for six momhs.