SUPREME COURT.

Evening Star, Issue 3845, 21 June 1875, Page 3

SUPREME COURT.

IN BANKRUPTCY, Monday, June 21. (Before Mr Justice Johnston.) 9U6 ’ Final Orders op Discharge.— Final orders were granted to for whom Mr M Keay appeared ; Henry Hanson Paul (Mr F. R. Chapman); Robert M’Kenzie; Thomas Ferguson (Mr M‘Keay); James Schofield (Mr Joyce); Henry Parsons (Mr M‘Keay); Alfred Dowme Corfield (Mr M‘ Keay) 7 Opposed Cases. Edward Filewood, for whom Mr Stamper, junr,, appeared, applied for a final order. John Russell opposed. It appeared from the evidence of the opposing creditor that some time ago Filewood told him that he had raised LlO at a pawn office on his wife s policy cf insurance j that his wife was dying; and that as fhe had received no receipt for the policy from the loan office he was afraid the proprietor of the latter would not give it up without extorting L4O or LSO. Russell re deemed the policy for him, on condition that he was to be repaid the amount within a month. On that time elapsing Russell asked Filewood for the money repeatedly, offer ng to take it in instalments of 5s per week, but the latter would not pay it at all, using most abusive language and threatening to break Russell s neck. Russell then summoned him and got judgment, and Filewood nob paying even then the Resident Magistrate committee him to gaol for thirty days. In gaol he filed his schedule, and was released in three weeks.— The bankrupt said Russell offi red to lend him the money without charge and for no fixed period. Russell said something disrespectful to bankrupt’s wife, and that was why he threatened him, His Honor said the balance of probability appeared to him in favor of Russell; but, as it appeared Filewood had already been in-gaol, it would scarcely be any benefit to either society or the opposing creditor to keep him from earning a subsistence. ^ Ca^e waß l ßus P en( l e( l f° r three application for a °L d ? as supported by Mr Denmston and opposed by Mr Haggitt, on behalf of several c.editors. Bankmpt, in ih« : course of his examination, said that he had been a butcher at Kensington, and up to the tame of his se ling off his business had been doing a flourishing trade. He was then

living at the house of a Mrs Reid at Kensington, and from the sale of his shop and cattle realised L 277. Of this amount he paid away L 139, principally to Mrs Reid and to Mrs Fisk, another neighbor, and could not account for how he disposed of the balance, as he was in a state bordering on delirium tremens at the time, brought about by excessive drinking. Two days after receiving the money he was unable to account for its , disposal. He had been already committed to gaol under a fraud summons on this very matter, and was released on filing a petition of bankruptcy. He lived at Mrs Reid’s bouse merely as a lodger and not as a “favored guest.”—biliza Reid deposed that in February, last year, she lent M'Kay LB4 to make some improvements to his shop. The only security she got was an I O 11. She had saved the money to build a house, but not wishing to let her husband (whom she had recently married) know that she had it she lent it to M‘Kay. No one was present when she lent him the money nor when he repaid the money in March lust.—Emily Sirk, wife of Wm. Sirk, laborer, stated that at the request of last witness she lent M‘KayL43in February last. The only security she got was an IO U. Part of the money was her own, having been acquired by work she had done, and part her husband’s. —His Honor; But on taking the marriage vow you allowed all your goods to become your husband’s pro petty.—Witness ; I did’nt mean it though, sir. —His Honor : But you said so.—Witness : Yes, and said a lot of things which I would not say again. M‘Kay repaid me the money in March last.—J. T. Wright, of Wright, Stephenson, and Co., deposed that when arrested bankrupt was not suffering from delirium tremens. —Mr Haggitt pointed out that bankrupt was also charged with having committed a misdemeanor, by concealing his money. He submitted that bankrupt had not “fully and truly discovered” what became of a considerable portion of his property, as required by sub-section 2, section 307, of the Act, His Honor, while quite satisfied that the bankrupt had not fully accounted for the disposal of his money, said that he had some doubts as to whether he had not accounted “to the best of his knowledge,” This would depend on his state of mind; and bankrupt had sworn he was almost mad from drink. He decided to take time to consider the matter, and would gave a decision on next Court day. The order of discharge was suspended for eighteen months. Execution op Deeds.— Complete execution of a deed of absolute assignment was declared in the case of James Albert Beck (Mr Joyce) : of a deed of assignment in the case of Roderick M'Leod and George Fownes (Mr Stout); and of a deed agreeing to the payment of a composition of 10s in the £ in the case of Shephard and John Reeves (Mr Mouat). The oases of the following bankrupts were allowed to stand over till the next sitting day: John Walls, James George Lewis, John Farquharson. Samuel Lewis, Clifford Williams, Frank Gillon, G. W. Scott, J. R. Wylie, John Nichols, and James Todd.

Chamber business will be taken to-morrow, and his Honor will sit in banco in the Library on Wednesday. The more urgent business will be taken first, and after to-morrow the sittings will commence at ten o’clock.