SUPREME COURT.

Evening Star, Volume IX, Issue 2643, 7 August 1871, Page 2

SUPREME COURT.

IN BANKRUPTCY. This Day. (Before Mr Justice Chapman.) FINAL DISCHARGES. ! There being no opposition in the fallowing cases, the usual orders of discharge were granted: John Andrew Smith, Edward Riley Ridley. The cases of John Cleverly and Thomas Parsons were further adjourned till August 21ts, and that of Joseph K. Mills till the 14th. Re William Fuller —Adjourned application for complete execution of a deed of arrangement. The matter was further adjourned to August 21. Re Donald M'Pkke.—On the application of Mr Haggitt, the application herein, which was for a declaration of the completq execution of a deed of arrangement, was granted. He F. W. Watkrlow. —This was: a petition for adjudication, wdiich was adjourned to August 21. Re Richard Evans. —Adjourned final examination. Mr M‘Keay for bankrupt. Mr Harris opposed on behalf of Messrs Marshall and Copeland. Dischaige suspended for three months. j Re Jeffrey Williams. —Mr Gatomore applied that the appointment, of 'Mr E. Pritchard as trustee might be confirmed. Objection was made to the appointment on behalf of the supervisors by Mr Macassey,who explained that the objecting creditors wore right in number, representing claims to the amount of L 95 10s 8.1, and they favored the appointment of the provisional trustee in bankruptcy. Four creditors of the amount of LBO Ss voted for Mr Pritchard’s appointment, and in addition to that atnount Fritchard himself handed in a claim for LI 00, ■ and. by bis own vote carried the election, it was alleged that there were special circumstances in the case, which rendered it desirable that an uninterested person should be appointed ' trustee; besides, Pritchard held securities which, when valued, would probably convert the present majority of creditors into a minority. After hearing Mr Gatomore, his Honor postponed the matter till Monday next. Re J. T. Chaplin.— An application to declare the complete execution of a deed of arrangement. Mr Smith, who appeared in support of the application, said the affidavits filed showed that there were only two creditors who had not consented to the deed, and they were the Bank of New Zealand and the Trustee (Mr Wain) both of whom were fully secured, and consequently had- no locus standi to to or linpoar-.1l the deed. Mr Macassey, who appeared on behalf of the Bank of New Zealand, submitted that the application could be easily disposed of. There were t>vo English cases exactly in point—Godin v. Shuttle, and Whittaker v. Low—which went to show that secured creditors must be: taken into consideration as well as unsecured ones. Substantially, there was no difference (he submitted) between the English Act of 1861, under which the cases were decided, and the New Zealand bankruptcy law. The affidavit of the trustee, was not sufficient as to the securities held by the Bank, being ample to cover the claim against the estate. Further, that under the 265 section of the Bankruptcy Act of 1867, it \Yas ,incumbent on the arranging debtor to get the securities valued. On these grounds, he submitted the application should be dismissed. His Honor reserved judgment. Re Driver M ‘Lean aNd Co. —Mr Smith in applying. that the rule nisi calling on Driver, M'Leau, and Go,, to show cause why they should not be declared bankrupts, be made absolute, intimated that Mr Macas- , soy had informed him that he would not appear to oppose the application." Rule absolute granted. The banco cases were adjourned till tomorrow.