SUPREME COURT.

Evening Star, Issue 3851, 28 June 1875, Page 2

SUPREME COURT.

IN BANKRUPTCY. Monday, June 28. (Before Mr Justice Johnston.) Be Clifford Williams.— Mr M‘Keay applied for jaukrupt’s final order of discharge, The Trustee in Bankruptcy (Mr Leary) opposed, at the request of some of the creditors, who instructed him that two weeks before filing bankrupt had sold a quantity of his household furniture applying the proceeds to his own use.— Bankrupt denied this, saying he had merely left a table and bedstead at his aunt’s.—His Honor, on examining bankrupt’s accounts, said they did not comply with the rules of the Court in showing clearly his whole transactions. There was a certain amount of money net accounted for, and bankrupt’s certificate would be suspended for one month. Be John Airman M‘Kat.— In this case, heard at the last sitting of the Court, and in which bankrupt’s discharge had been suspended for eighteen months, his Honor now decided on Mr Haggitt’s application for a certificate direct* mg criminal proceedings to be taken against the bankrupt. The learned Judge said he did not think it proper to give such a certificate unless a clear primdfade case were made out, and in this instance, though bankrupt’s conduct was such as to excite considerable suspicion, it would bo scarcely right to grant a certificate on what had come out. If fresh evidence should turn up it would always be open to counsel to renew his application.

Me James Geobob Lewis,— Mr Macassey apBl for bankrupt; Mr Stout opposed, on of a creditor.—Mr Macassey called John Duncan Niven, duly-qualihed medical practitioner, who stated that he had an hour’s interview with bankrupt, whose brain appeared affected so much from a concussion that his memory was impaired; and if cross-examined in court his health would probably be seriously injured.—Mary Lewis, bankrupt’s wife, said six years ago her husband was thrown from his horse, causing concussion of the brain, and rendering him insensible for ten days. Since then the least excitement caused violent paroxysms of passion, and witness believed that if he were examined in court it might cause his death. Since then a farm, his property, had been made over to witness, for her benefit and that of their children. Bankrupt made a composition with his creditors soon after the accident, paying them all off with the exception of Hodge, the now opposing creditor. The latter knew of the arrangement, but said he would not send in his claim, which amounted to L2OO. Witness said she received an annual income for her separate use under the will of her father. Witness then gave evidence as to the bankrupt’s business transactions, and was cross-examined by Mr Stout.—Alfred Lewis, son of bankrupt and last witness, said that certain stock sold by bankrupt since his composition was the property of witness, having been bought with his wages and sold for his own benefit, lie receiving the proceeds. At the lime the creditors were paid Hodge said he would uob send in his claim, as bankrupt would pay him when he could.—John George Lewis, nephew of bankrupt, said Hodge told him that if bankrupt could not pay him his claim he would never ask him for it. —Mr Stout submitted that the opposing creditor was entitled to claim what was due to him, as the family of bankrupt bad the advantages of the property, especially as bis debt was known by them to be existing when the property was conveyed over to bankrupt’s wife. Counsel asked that as a surplus came out from the subsequent sale of the fam 5 the case be adjourned to allow of bankrupt s family coming to some terms with Hodge.—His Honor asked Mrs Lewis if the money she received from Home came to ♦

and was acknowledged by her; the reply to which was that her husband used to receive it for her, but that she now signed the receipt as well aa bankrupt.—Mr Macassey suggested that Mrs Lewis should be allowed to come to some terms with Hodge of her own free will, not under compulsion from an order of the Court.—His Honor said it was a peculiar case, and one that appeared to demand investigation; but on the whole, considering that Mrs Lewis had shown no indication of favoring one ere ditor fradulently before another and had evinced a, disposition to treat with the opposing creditor, there would no advantage gained by any party or by the public generally if bankrupt s discharge were postponed either indefinitely or for a fixed period. Not that Hodge’s opposition was in the slightest degree improper : on the oontrary, he was to be pitied, but under the circumstances bankrupt's discharge would be granted. Final Examinations. —Orders of discharge were granted to Frank Gillon (Mr M’Keay); John Robert Wylie (Mr Meuat); Charles Skeritt (Mr M'Keay, instructed by Mr Harris). Adjoubnkbnts.—The following cases were adjourned till next sitting day J. Farquharson (Mr Joyce); James George Walter Soott (MrMouat); Louis Mendelssohn (Mr M’Keay; Mr Stout for opposing creditors). IN BANCO. Martin (appellant) v. Anninq (respondent). Case on appeal from Resident Magistrate's Court, Dunedin, Mr Macassey and Mr Haggitt appeared for appellant; Mr Barton for respondent. Air Haggitt followed Mr Macassey, who urged the i ppeal at Friday’s sitting of the Court, Counsel contended that unless it could be shown that there was a contract between Martin and Anning, the judgment of the Court below must be reversed. The telegrams between M‘llroy and appellant showed clearly that the latter bound himself merely to find steerage room for the fifty-one passengers, and that he could find room for a few more passengers in the cabin at Ll2 per head. The only thing on which Martin’s alleged agency for MTlroy rested was the telegrams, but counsel submitted that these only amounted to authorising Martin to contract for cabin passengers, and to find room for the steerage passengers already booked at Lyttelton. [Left sitting.]