SUPREME COURT.

Evening Star, Volume VIII, Issue 2120, 21 February 1870, Page 2

SUPREME COURT.

IN B \ N ; : R[JPT Y. This Day. (Before Mr Justice Ward.) Bo Francis Johnson.—This case was adjourned for a week. Bo Leonard Whittington.— Same. Be B. 0. Fa-qnliarson. —There being no opposition, the usual order ui discharge was granted. Be William Black.—The (ith instant was fixed for the bankrupt’s last examination.

lie Louis Court.-—This matter was ikL journed fur a week, the third statement of accounts not having been tiled. Cc Willi un Witch. ll.—This was a motion for an outer directing that the provisional trust '-'s cuts should bo paid before withdraw in : from possession of the property, a .Iced of arrangement having been made by hj • col,tor. 'file hearing of the matter was tixe I for ,v i‘ lues ay. Ke W Iter tied. —Mr Macassey applied, under the . •) i sect! n of the Bankruptcy Act, t at the pr.-sent trustee in this estate, Mr!'. A. Ltile. muht h- r. mo red. Thun ic d ion w is bucd on the affidavit of one Riwl-tt, nul o i til-, petition of the sunervi - ors. .Mess s Fish an I l)e Far o, and two (••ad : '„rs. who p ave-i th t smother meeting ■ f ,-ivdi or j m ; ght be li ed, in order tnat t ey mi lit proceed with the appoint'meat of a new trustee. Since the appointment o' Mr little he himself had made a deed of arc ngement, and he (Mr Macassey) submitted th :t the fact of his having made such a dec 1 was sufficient ground tor ins removal, more especially as it did m t apj> : ar that the deed had been declan-d com-1 tely executed, (i'rig.s v. Hl.dr, 1 bev.m, 495; Fommbsioners of Lunacy v. Arehiba'd. 11 I’-i hj Equity Report-i. 191-5 ; in re Bndgman, I Drury and Sniail'e, Bid.)

Mr Ikvt-m. w’ o opposed the application, po'nled out that the circumstances the pr. sent cas ■ were different to tho-c oiled, i’ere Mcs'-rs Thomas Little and Co., of which firm Mr T. A. Little was a member, were the largest creditors in the estate of Walter Bell. Ho submitted in the first place that the making of the deed of arrangement was not an act of bankruptcy, and did not fall within the cases cited ; and secondly, supposing it were, it had been laid down that the mere fact of the bankruptcy of a trustee was not in itself cause for his removal. (Storey’s Equity Jurisprudence.) Mr Barton then read the affidavit of Mr Little, which stated that the creditors now petitioning h..d unsuccessfully opposed his cb’ctinu as trustee at the first meeting of creditors ; that the firm of Litt-1 and Co. wco the largest credoor- of Be)!, their debt amounting 1, 1 -2,1 IS ss4d-billy two-thirds of the bankrupt’s whole debts ; that Bell had bo n possessed of an interest in certain r-ibva contracts in Southland ; and that on th 10th Meotenber ia-t, being then indebted to th ■ , tent of L 39 0 and upwards, hetransferr dthatmt-reslto • river, Maclean, and Co. and that deponent had been advised that said (ra-itfe, - was an act of bankrup cy ; that 811 was a ij d.cated a bankrupt on the 14th Nvo i her I st; that the several creditors and p til ion ers hid gmn instructions to counsel to make inquiries as to that transfer; that snee tint meeting Driver, Maclean, and Fo. had offered LIOO in settlement of all claims, which offer deponent deemed it his diry t, refuse ; that the petitioning creditors hail informed him tba if he did not accept tint offer that thev would endeavor to have I im removed from the trusteeship ; and that at a meeting of deponent’s trustees, he was instructed to resist any such application for removal.

His I cmor reserved his decision until after the examinaii n of B 11. 80-iohn May.—This was a debtor's petition for adjudication. On the question of the appointment of a day for a meeting of creditors being mentioned, Mr Mncas ey, who appeared for the debtor, sugge-tod that the meeting should bo postponed until as late a date as possible, the liabilities of the bankrupt amounted to LI 2,0,10, of widen L9OOO belonged to English creditors By the incoming mail it was anticipated. that those creditors would send powers of attorney to gentlemen resident in Dunedin, autho isingthem to represent them at the election of trustee. If an early date were decided on, that opportunity would be denied to them; and he sid mitted that they were entitled to some consideration. Mr Huggi't, who represented the whole of the creditors resident in the Colony, sa d his clients were anxious that the earliest possible date should bo fixed. He did not see bow the English creditors culd be affected by the appointment oi a trustee. After some discussion, the meeting of creditors was fixed for the 2nd prox. Mr Haggitt then applied for an order under the 151st section, directing that the estate should remain in the possession of the bankrupt until the appointment of a trustee. Oder grant'd. Be Alex. B. Hay.—Same. Be Walter Bell —Application for discharge. The bankrupt and Mr Henry Driv' r were examined by Mr Barton, counsel for the trustee.