SUPREME COURT.

Evening Star, Volume VIII, Issue 2269, 15 August 1870, Page 2

SUPREME COURT.

IN BANKRUPTCY. This Day. (Before Air Justice Chapman.) Aiuumr.moNs. The following persons were adjudged bankrupts, and first meeting of creditors fixed for the 2Jrd inst.W. A, Walker, .Samuel Finch, and George Bond. COMPLETE EXECUTION OF A DEED, On the application of Air Kenyon, a deed of arrangement between Frederick Jones and iris creditors, was declared to have been completely executed. LAST EXAMINATIONS, Monday next was appointed for the last examinations of James Bardelie, Joseph Beal, Peter Dtmn, and Thos. G. Hungerford. FINAL EXAMINATIONS. Rt?. Thos. Cleary. —There was no opposition. Bis Honor observed that the trustee could get no explanation regarding a deficiency of L4UU. The bankrupt’s assets

were 1480, and his liabilities LBO. bankrupt stated lie left the management®? i the house entirely in the hafids of “0* who received all the money takings and gave orders for goods. The wife could; not write, and kept no hooks, and coni 1 give no explanations. His Honor then enquired of Mr Bathgate if there was any probability of his obtaining the necessary explanations it a postponement were granted. Mr Bathgate did not think so. He was satisfied both bankrupt and his wife looked well after themselves, and that he would never be able to obtain an explanation. His Honor : The wonder is that merchants trust such people. However, there is no object in keeping the case before the Court any longer, and the bankrupt could Take his discharge. Be Bryan O’Eaw.— Discharge granted. Be Thomas Brown. —His Honor remarked that in this case the liabilities were L4I 19s and there were no assets, but there Was against the bankrupt the fact that he was in receipt of L 3 per week salary. Had he arranged with his creditors, the trustee reported, what he had paid to his solicitor and • thenvise would have enabled him to pay something like 15s in the pound. It seemed like tusking use of the Court merely for the purpose of avoiding one or more debts. However, as the creditors did not choose to oppose under such circumstances, the bankrupt could take Ms final discharge. The cases of John Trotter and Abraham Austin were adjourned for a week. Re W. A. D. Pitt.—Mr Macassey moved the suspension of the bankrupt’s certificate on the following grounds: Ist, that he had improperly delayed the filing of his declaration of insolvency ; 2nd, that he contracted debts without any reasonable expectation of being able to pay them ; and 3rd, that he improperly preferred certain of his creditors to others. After Mr Smith had been heard, * His Honor said he did not think the second and third grounds' of objection had been clearly made out. As to the first it was of course very difficult to say when a man ought to, file his . schedule, yet he certainly thought The bankrupt .should have stopped before. He Agreed that there was always some allowance to bemadeforaman’ssangiiinehopes and one did not cave tobringbimself before the world, unless there was an absolute necessity for it. |But be thought consistently with the rale he had laid down and acted upon in Several cases and smaller estates, that where a person does away with the whole of his property, and afterwards trades for a confiderable time, the conduct of the person was reckless, which the legislature intended the Court to visit with a suspension of discharge, sufficient at all’events, to mark its disapproval of it. After commenting on the facts of the case, his Honor remarked that it seemed to him the bankrupt had been guilty of reckless conduct, which he ought to visit by short suspension. The order of_ discharge would therefore lie suspended for six months. Mr Smith asked that the bankrupt’sperson should be protected from arrest in the meantime, but his Honor said that to do so would he defeating the object of suspension. If there were any special grounds for the application, it could be made in Chambers. Re Harper, Black, and Co.—This was an application to expunge proof of debt by Messrs Dalgety, Eattray, and Co., in respect of two bills for about L3OOO. Mr Smith stated that he and Mr Cook, after a careful review of the evidence, had come to the conclusion that it would be futile to attempt to resist the application. After argument, bis Honor said counsel had exercised a wise dcscretion. Proof of debt expunged; petitioners cost to be paid out of the estate.