SUPREME COURT.

Evening Star, Volume VIII, Issue 2275, 22 August 1870, Page 2

SUPREME COURT.

IN BANKRUPTCY. This Day. (Before Mr Justice Chapman.) FINAL EXAMINATIONS, In the following cases, in -which there was no opposition, the usual order of discharge was granted; —Peter Gunn, Joseph Beal, and Jahez Holman. The case of James Barber was, on the application of Mr Harris, adjourned for a week, DECLARATIONS OF COMPLETE EXECUTION. Deeds of arrangement made between the following persons and their creditors were declared to have been duly executed : David Ure, John Thomson, and David B. Wilson. Re William Fuller.— Mr M'Keay made an application for declaration of the complete execution of a deed of composition ; but Mr Stewart, instructed by Mr Barton, opposed on the ground that sufficient time had not been given. Mr M‘Keay observed tint as the deed provided for the payment (>f debts in full, and the bankrupt being r.t present in custody, bo would ask that ho be discharged from custody. After Mr Stewart had been heard as to the necessity for notie.; being given to the execution creditor, bis Honor said he would postpone the matter for a week, but Mr MTveay might apply in chambers by summons, AD.I UUICATIONS. A. Augan was adjudged a bankrupt, and the first meeting of creditors fixed for the 30th hist. In Re Thomas Renule —A vesting order in favor of the provisional trustee was granted. OPPOSED CASE. Re Thomas G. Hungerford.— Mr Macassey, on behalf of Mr Clark, of Port Chalmers, the principal creditor,’ opposed the bankrupt’s discharge. The bankrupt in his

examination stated business about four months fgigo qfflNa coal dealer. His then <and he- considered himself On Asking Mr Clark to supply him vyitn coals, he told him ho.had.no money'; tha,t he could not give him a shilling. He received quantities of coal from time to time, for which he gave two acceptances at three months, for L2l 18s 4d and L 23 Els lid respectively. About a month before they became due, Mr Clark came to him and asked him to give him some money to enable him (Mr Clark) to remit to Newcastle, stating that the bills were not discountable, and a day or two afterwards he went to Port Chalmers and paid him the amount of them in cash, obtaining a receipt. The money was not paid because Mr Clark refused to let him have

more co \ls unless for cash. Notwithstanding the payment, one of the bills was dishonored; and in consequence of that fact becoming known, his crqplit was injured, and pressure being brought to bear upon him, he had to seek the protection of the Court. He possessed the equity of redemption of some freehold land, already mortgaged, which a few days before his insolvency he sold, receiving L4O, which went to pay rent, &c. Mr Clark was examined, and stated that two or three days before his insolvency, bankrupt gave an order for a quantity of coals, and in the presence of the manager of the Bank of Ot go, stated he solvent ; _ that he possessed a freehold in the city which, when sold, would give him about L2OO. When he heard of his insolvency, he stopped the coals. With respect to the two bills mentioned, the money was paid, because witness refused to let him have more coals unless paid for by cash, whereupon bankrupt deposited the amount of the bills in his hands, and gave an acceptance for the amount of the next supply. The bills were dishonored through bankrupt not letting it be known when they were due. His Honor did not see any reason for suspending the bankrupt’s discharge. He confessed ho thought Mr Clark bad himself contributed to becoming a creditor. He did not desire to impute misconduct to Mr Clark, hut he was aware at the time that bankrupt had nothing to trade upon, and that, therefore, he would liavc to live on the profits of the business, which, however, had not been sufficient. Discharge granted.