SUPREME COURT.

Evening Star, Issue 4219, 4 September 1876, Page 2

SUPREME COURT.

IN BANKRUPTCY. Monday, September 4. (Before His Honor Mr Justice Williams.) In re B. F. Stohr. —Mr Stamper applied herein sor an order on the trustee to pay the preferential claim of one' 1 F. Q. Bennett; Mr E. Cook opposing on behalf of the trustee, who along with the applicant was briefly examined. From the evidence and the statements of counsel it appeared that the trustee had admitted several preferential claims, Bennett’s among the number, and that at a meeting of creditors it was resolved by twelve votes, representing L 2,200, against bight? representing L 1,530, to pay those claims at ones- M ‘Donald and Boring, in the minority on this occasion, were able at a second meeting to upset the resolutions of the first; and at a third meeting a liquidation resolution was adopted by the other side. A dividend was at one time advertised, but when the trustee found he had not sufficient funds in hand for that purpose, he withdrew that notification. He admitted that he had now' in hand nearly T/>OO,- which was more than sufficient to meet preferential claims,- M‘Donald and Boring were now appealing the action of the thiid meeting of creditors, mu behalf of the trustee it was contended that while the conflicting resolutions remained he was not justified in paying the preferential claims, unless ordered to do so by the Court; that he could not do so in the face of legal notice of appcgl, apd that the Court should not interfere unless on special grounds, r—fiis Honor considered that po ,canse lijfd bepu ghflwn for interfering with the discretion of the trustee, i

The applicant should wait until tho appeal was decided. He was in an unexceptionally favorableposition, as, before any dividend could be declared, preferential claims must be paid. Application dismissed; trustee’s costs to be charged against the estate.