SUPREME COURT.

Evening Star, Volume VIII, Issue 2084, 10 January 1870, Page 2

SUPREME COURT.

IN BANKRUPTCY. This Day. (Before His Honor Mr Justice Ward.) PETITIONS FOR ADJUDICATION. 11l the following cases the usual order was made, and the first meeting of creditors fixed for the 18th inst.Leonard Whittington, Evelina Lockyer, James Young Henry, Alexander Miller, Hannah Hall. MOTIONS FOR FINAL ORDERS. In the following cases, there being no opposition, the usual order of discharge was granted Christian E. Petersen, Reuben Toms, Henry Ellis. The cases of James Wansborough and John Glaister were adjourned until the 24th inst. He Allan MTntosu.— Mr Ward appeared for the bankrupt, who resides at Munroe’s Gully, near Tuapeka ; and Mr Stewart opposed on behalf of Messrs Herbert and Co., Tuapeka. After the bankrupt had been examined at some length, his Honor granted a final order, and at Mr Stewart’s request, consented to grant an order for the sale of certain cattle alleged to be the property of the bankrupt, as prima facie they were at the disposition of the latter at the time he made his declaration of insolvency. Re August Swartz. —Mr Ward appeared for the bankrupt, who, it appeared, fourteen days after he had filed his declaration of insolvency, mortgaged a piece of freehold laud, his property, to Messrs Gibbs and Clayton, in satisfaction of a debt due to them. His certificate was suspended for one month. Motion for Vesting Order.— Mr Macnssey applied for a vesting order in re the estate of George Sharper and William Black, both of Oamaru, and for an extension of the time in which the meeting of creditor s should be held. Both applications were granted. Complete Execution of a Deed, re William Tucker Bowden.— Mr Ward, instructed by Mr Stamper, appeared for the bankrupt, -who did not appear, and Mr Stewart opposed. Mr Stewart contended in the first place that actually the deed did not represent the required value of debts. As the deed stood, there appeared to be assenting creditors to the extent of L 5 beyond the statutory amount; but he would show that the largest creditor’s claim, instead of being LBo as stated, was much-smaller. The deed, too, was irregular. The covenant entered into between Bowden and his creditors was to pay a certain amount of creditors signing the deed, which was an unreasonable term. Re submitted that condition precedent should have been imposed. —A witness named James Grant was examined. Ho stated that for some time he had been clerk and collector to Mr Bowden. On the 19th October, the date of the deed, the latter only owed Crafts Lls, who was set down as a creditor to the extent of LBS, He knew that, because he had been told to go into the cross-examination in Court between Crafts and Bowden, and there were only Lls due by the former. Bowden, when having his accounts prepared to tile his declaration of insolvency, in putting down the item of LBS, said “ the thing would be all right. The rest of the creditors, on seeing such a heavy amount as that, would agree to the deed.”—Mr Ward applied fora postponement to produce Crafts or Bowden, to contradict Grant’s statement. —His Honor refused to grant the application, and, on Mr Stewart’s motion, declined to declare the deed completly executed, and further agreed to allow the execution to issue at once against Bowden. Re John Bruhors.— Several motions in this matter were adjourned until the 24tb inst. Wonders of the sea shore.—Honest boatmen. The Best Thing in the Bed of the Ocean,— The Sheet Anchor.