District Court

Feilding Star, Volume IX, Issue 20, 2 August 1887, Page 2

District Court

. MoN_)AT|^LuausT Ist, 1 887. \Befor* His^Hp^pr Judge Ruwson). pi • ■ . . "-Y* r y » im - ■- y* . * . %[ '^ tf.*_T. COTTRELL. ppAp )h(»tlWj»3r%ej|nty Official Assignee in estate of ft J. Cottrell to set aside a trt__Mj_erifrom bankrupt made to his wife in 1885. " appmWd the Deputy Official Assignee, and Messrs Staite, G.F. .Hawking add Sandilands for the debtor and Mrs Cottrell. 'The following -jury-w«» ftvorn t— (foreman), V. T. Hitchings, R^ Archer, and W. Archer. r Before fee cns&p&c&deA Mr Hankms remarked that the defence had fh^fn/ B§|y<»d> With notico torproduco certificate of $t_e of the land, bnt they refpsectto -dp so^ v y ■< o■«sii/fc& HawJ^hi he W f o J» k^ T *#S«% of L^ojnght, and refuse to produce i^he . .^^_cate y WMhdmm .mt^zjmofo <**** sisted qf^SJa^r^f represented by aec- -= '■- ti0n&,732,' 725, and ?35, township of MsMi0 c M steM J®®***** of Patea. The Jfith »©Won of the Mnl_iiipteyAaißiß3proWdedthatin .the event of *~banjrrupt having made ovefptoperty to liin Wife within three [years before' "hia bankruptcy, he shbidd haVe to>b* cb«ditioL T The tii.us ! 6f showing that he r <waii'M>lvenf at'thetimeof^he bMk^ptcy IfWl on thi. debtor, who mo^'alietr to the cburt that at the time of the trimaf er ii» vteS in a poeitiun to p ay all hia liabilities and spwe tiua moi^y-fvom his businenar-— __>y3; Cotteellf r* bankrupt, deposed that fie had; signed an agreement endorsed <r J^e (rf .ther praf^r^^|| dispute (OTpduced) tc| his wife ; he neheved thore wte a transfer innM,' but ttie deeds were not m .the htmds of luv wife. He that on the '2kh of March he madp a statement to tne Deputy Official Aemgneer to the effect that he had bought the property m question <Uxmt fouivteaawn^f ok £9$ lafridjfcawded >t over to hia. wife ; lie ipaidß.or j^later on he lut^^n^e ; a/fnrjher statement to the effect' that he had bought the section, and handed it oyw to his wife; tlua was her only propwff. (.^roes-examined : The witness stated that the property waa bc^^toj' tho "money ©f Jus wife and^drildren had monpy. wh?n he[mn^ftedi=h_ir^and tiiere wan abquti£ 12; saved by the children ; he . find advanced £16 he believed when the final payment was made, an Mrs Cottrell had not the money in the house; there was a slight mistake in thn oi^gmtddeied, as bin name 4iad -Been inserted instead of Mra Cottrell's, but her name was eventually substituted ; ibe wan quite solvent at the time thie purchase was made; there was no settlement-made; '' the money advanced by him hadpotheen repaid by his wife, but she had : worked for it ; the money was paid in two suma of £45, one of -wlaeh waa paid when the tranrfar -was made, and the other twelve : moi}thsafter ;:Lehad <nmed on busmesa two ot thieo yeaia af^erwai^ .t&)^jrae burnt buffiri Janunry lßß7; and ne "had neyer dishonored a bill or cheque till _ then ; he wda solvent then, and couluV have paid 30a in the £, but whereas he had stock valued at J.30Q0, and a bißlding worth £600, he had only insurances of £1000; ii^ had. only h£d,|*U,4he time . hit waa m business, a little, aaautance from l^|Bhannon, ofvWellii^tonjduring tmHtast fhw-monthij^to taableliim to _ getin a Chr^tmas stock. f - : _. . » *y ""' An adjournn*imt7of * 'Qfe Coult look '■ to produce the certificate » of 'title, "p ''■'*'- : On reehming, Mr Hawkins retbaiked -. that-tbnre7was nothing to nhow; that the debtor had made any assignment hin wife, ;.y. MrHankins remarked that if Mr Hawkkins' contention- wns -correct, it would be impossible for. the D.O_A. f to attack any . assignment made by a debtor,, as it would only be neceewry to like" any he might have to buy a property from any < person apdhave the transfer made direct to hw wife. V '■; TJri Ti '. "' ius Honor ruled that it would benece«siEiry to show that thei debtor was solvent aHihef time thei property wae acquired. Edwin J. Cottrell wae then .walled, and stated he was perfectly solvent at the time tiie property was boogbt,. J Croes'-examined-by Mr Hawkins, the debtor stotedj.tha^ he had received the money frdnd his wife and paid it into his account, <^^rwaxds giving a eheque^br the first ainoiint ; the 'first moneys |mn paid in Se*stemb& 188$, and the^lcend in September 1885, both 1 to Mr Beattie; he could not any whether thn receipt was fiv^h' tolhimwlf or Mrat Cottrell |md he id not know; whether .there waa any agreement when the first money wna paid: >l_jr^Bcn^ie bad asked him if beinu^d to purchase; t^ hn7wnß rentmg at W tiiiie r tfca first tainney he had received from Mrs Cottrell ana pnid.it mto tLe brtkrhediV not k»>w hew- the second £46' was pSid ; *t the time the second-£45 vms pout he owed-Mr Small i^jtnxm of £i^ ohfihortgajse ;>bfe la^ed an agreement to-Mr SmaU in A^gunt, 188^b^wliiehihe -(Wji^to; get an, extension of the mortgage, over another three yearns he did not .pay thia mo,, ey th«a^ he :L wanted tiie ' mimk/f : t« ihrrease hin stock r he did hu-ii.e-s with ! Thomp«on, Shannon and Ccrnnd: owed them at this ;tiDo[ei£3soUi Bnjhadfalno gflvenaordernftr new goods, bat (hdnotoweih m £600. He -did not owe-nny other finu more than mm. iDid not owe LLevrnandlCo^ tttla £281 9s .44. r. He believed hiS/etock kt^o time of the fire, was Tworth about.^3o^o. A verdict' was given'agaihstlUießqsuty Official Assignee.— Times.