SUPREME COURT.

Evening Star, Issue 3619, 28 September 1874, Page 2

SUPREME COURT.

IN BANKRUPTCY. Monday, September 28. (Before His Honor Mr Justice Chapman.) Re James Midddeton.— Mr Mouat applied for bankrupt’s discharge. —The Trustee reported that if bankrupt had filed his schedule at the proper time the estate would have paid 7s 6d in the £, whereas there was now nothing.—His Honor suspended bank* rapt’s certificate for two months. Ee George Perriman.— Mr Moat appeared in support of a creditors’ petition, asking that George Perriman be adjudicated a bankrupt. Counsel said the petition set forth on the 23rd inst. the debtor filed a deed of arrangement whereby he promised te pay a composition to his creditors of 2a 6d in the £, which deed was duly executed by debtor alone, and gazetted and advertised in the ‘ Daily Times ’ of the 24th inst. This deed, the petition averred, was executed merely for the purpose ef delay, and not bona Jide with a view to an ar* rangement beneficial to the creditors. It was also averred that the two principal creditors, in debtor’s schedule, were his sous, and that one of these was a minor ; that debtor had recently made large purchases of goods, which had all disap. peared; that since the deed had been filed debtor had expressed his intention of pay. mg one of his creditors (named Walsh) m lull, to the loss of the other creditors; and that judgment had been obtained in the Resident Magistrate’s Court against debtor last If/iP n j a cre(^or for the amount of L&0 14s Vd, to which creditor debtor had offered os w the LI. Counsel therefore asked that the said deed should be declared an act of bankruptcy.—His Honor asked if counsel would not take an order for the examination of debtor? The latter was entitled te time. —Mr Alouat said perhaps the judgment creditor might be allowed to realise execution. There was another petition, which averred* amongst other things, that debtor had had large business transactions lately, had discounted bills, and been in possession of money; also that it was believed he hm) property and furniture, part of which he had secreted, for a fraudulent purpose, and that debtor s statement of liabilities to his sons was supioious, one of them being a boy serving Honor: Certainly father! do not often owe money to their sons; it is °rf a other way. An order will be granted for the examination of debtor, notice to be given the latter, and then the oreditore can apply to have the deed declared an act of bankruptcy. ,

Rb Andrew Carr.—- Application for discharge. Mr Mouat appeared in support; Mr E. Cook opposed and examined bankrupt, who gave the following evidence lam a bootmaker, and in December last I started business for myself at Kaitangata. I had some Ll4 in cash (t made a mistake to the Trustee about this, and wish to rectify it), and I owed almost as much money as 1 had, Mr M*Donald put up a honao for me, and I took it on a seven years’ lease, at 10s per week. I am not thoroughly certain if 1 pnt the lease in my sworn schedule. Mr M‘Donald was a storekeeper, and was to supply me with goods to sell on commission, hut he broke through the agreement. At the time of filing I owed him Llo2.—Bis Honor : I see that your whole debts amount to only L 125. —Witness : He stopped my supplies because I could not pay him ; so I bought some stuff in town, and from my father-in-law at Balclutha. I paid for them by getting in a few of my book debts. I keep an account-book, but did not show it to the trustee. I did not offer to buy M ‘ onald’s house since he stopped supplying me. My wife may have offered te, but it was unknown to me if she did. lamon my oath, I know, and if she did offer it was without my quthority. M ‘Donald once grid he would sell it t« mo forLISO. I did not file my schedule before, because I wanted to bang on and try and pay everybody.—Mr Monat examined bankrupt briefly, and Mr Cook then submitted that bankrupt was not entitled to his discharge.—His Honor thought he could not consider bankrupt had been guilty of reckless trading ; still the fact of the lease existing should have been disclosed. However, the case scarcely called for the suspension of bankrupt’s discharge, and a first order would be granted. JRe Charles Alexander Martin.—Bankrupt’s final examination was fixed for October 19.