SUPREME COURT.

Globe, Volume XXI, Issue 1674, 2 July 1879, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS AND BANCO. Tuesday, July I. [Before His Honor Mr Justice Johnston.] His Honor sat in Court House at 11 a.m. LE COMTE V. STEWART. His Honor delivered judgment in this case, overruling the demurrer heroin—Leave to Mr Joyut to appeal or amend. WILL OF W. K. M4CDONALD, DEC BASED, Mr Helmore applied for leave to issue probate to Alfred Cox, as the surviving executor of the will. His Honor made the order as prayed. GOODS OF RICHARD WALKER, DECEASED. Mr Cotterell applied for probate herein to Sarah Ann Walker as sole executrix. His Honor made the order. GOODS OF GEORGE HOSKGOOD WILSON, DECEASED. Mr Cotterell applied for probate to the widow of the deceased. His Honor granted the application. BUCK V. CHRISTCHURCH “ SUN ” NEWSPAPER COMPANY. Mr Joynt moved in this case for dismissing the action in default of plea. No steps had been taken since March to bring the case into the Court. All that had been done was the deliver of the replication, which denied all material allegations. Mr Edwards, who appeared for plaintiff, said that he desired to make au appointment to settle issues on Friday next. Mr Joyut pointed out this could not be done, as no issues bad been delivered. His Honor said that the order would be that issues be delivered forthwith—within fortyeight hours —or in default the action to be dismissed. Plaintiff to pay costs of the motion. UNION INSURANCE COMPANY V PYNE. Mr George Harper applied for an order entering up judgment herein in default of plea. This was an action for interest on certain mortgages and a liquidated sum had been arrived at. Judgment for plaintiffs for amount claimed, in default of plea. LAW PRACTITIONERS’ ACT AND RE HEBEB NEWTON. In this case Mr George Harper obtained an order taxing the costs of the said Hebor Newton. LEASES AND SALES ACT AND RE PETITION OF S. DACK. Mr George Harper applied herein for the appointment of a guardian to the infants in this case. He applied that J. W. S. Ziesler, of Timarn, should be appointed as guardian to the infants. His Honor made the order as prayed. PARKER V BUXTON. MrJojnt, for plaintiff, applied for an order for a decree herein. Mr George Harper, for defendant, had no objection to the order. Order as prayed. GRUBB V SOUTH BRITISH INSURANCE COMPANY. ' Mr Garrick moved, for Mr Wynn Williams, 1 asking for a commission to take the evidence of ’ certain witnesses material to the trial who I redded beyond 200 miles from Christchurch. J Mr Joynt, on behalf of the plaintiff, joined in J the commission. 1 His Honor made the order issuing the com- < mission to the E- sident Magistrate at Westport, 1 or Mr James Bickertou Fisher, solicitor, of the 1 same place. Leave given to the plaintiff to join 1 in the commission. < EE JOHN WAINE. 1 Mr Bamford applied for the discharge of the 1 debtor. The trustee had declined to sign the * certificate. t The trustee, Mr Jones, was in Court, and < said that the bankrupt had not carried out what < the creditors desired him to do. ‘ His Honor said that this was an instance of 1 people taking upon themselves offices of which c they knew nothing. It was one of the results I of the Bankruptcy Act, that persons wore con- t tinually accepting the office of trustee who i were totally unfit for it—in some instances, b perhaps, to make a job with the bankrupt. In s the present case the trustee had not reported to v the Court anything he had done. He would be I required to file a report before Friday next. The 1 case must stand over. I BB THOMAS POOLE. B Mr Bamford applied in this case for an Older 1 of discharge. The creditors had decided that a the discharge of the debtor should bo suspended 1 for twelve months. Subsequently a. - was passed recommending the bankrupt’s dis- t charge at the expiration of a year. c His Honor pointed ont that under the Act a c certificate was uecernary signed hy the chairman * of the meeting of creditors. t Mr Bamford pointed out that tho trustee had £ declared his belief that tho bankrupt bad com- 1 plied with all the provisions of the Act. i His Honor said that the question was whether 1 tho certificate of the trustee that the bankrupt c had complied with the Act should outweigh the t resolution of the creditors tnaj a year should i elapse before the bankrupt could get his dis- i charge. There was just this tolbo considered, i whether the cred.tors having received notice 1 that tho bankrupt was applying to the Court for 1 his discharge, they should not attend and oppore < on this occasion. i Dr. Foster, as amicus curia;, suggested that 1 an order of discharge should be ma le nisi. < His Honor made an order that the chairman 1 of the meeting and trustee be served with : notice that unless cause bo shown why the debtor i should not bo discharged, the order of imme- ■ diate discharge would bo made. i DISCHARGES. Orders of discharges of debtors were made in i tho following cases: —Joseph Batchelor, Joc-1 1 Eeod, and Arthur Ellis. PETITION OF BANK OP NEW SOUTH WALES I AND RE C. L. H. WARRINGTON. < Mr Garrick applied for an ordet calling upon c the debtor to show cause why ho should not be i adjudged bankrupt. The act of bankruptcy 1 relied upon was the making by tho debtor of a i bill of sale over all his property to Wauchop and Cameron at tho time he knew he was insolvent, 1 end unable to meet bis engagements with his < creditors. 1 His Honor made an order issuing a summons ' calling on tho debtor to show cause why ho i should not be adjudged bankrupt. i DEEDS OF ARRANGEMENT. Orders declaring complete execution of deeds i of arrangement were made in the following cases:—Sando and Olsen, J. Metcalfe, J. S. Jameson, James Wood, sen., Thos. Richmond, G. W. Wearing (bankruptcy annulled under sec. i 121), Jobu Johnston, and Matthew Whit- i ridge. RE JAMES BASSINGTHWAITE. Mr Joynt, for the trustee, Mr Ker, appeared to support a summons calling upon Messrs Stanley Edwards and Thos. Brown Ciaig to i appear and give evidence as to their dealing with i the property of the bankrupt. 1 Mr Stanley Edwards appeared to show cause. i Mr Joynt quoted from the evidence of Dir S. 1 Edwards, examined before the trustee, in which 1 ho declined to give answers as to some security ; over the separate property of the wife of James i Bassingthwaite given in consideration of i becoming bail for James Bassingthwaite to ap- 1 pear at the criminal session of tho Supreme i Court. The evidence of Thomas Brown Craig was also read, and the refusals of Mr Craig to I answer questions relevant to the dealing with i the property of the bankrupt. The questions ’ which he desired to havo answered were, what 1 were the securities over the property c f the wife i and .’the amount of money received from the 1 solicitors for the bankrupt or his wife as bonus ' for becoming bail. The questions which Mr 1 Craig was requested to answer were as to his i receiving money from the wife of the bankrupt or from his solicitors, and he had declined to give 1 any answer whatever. It would bo seen by his . Honor that Mr Edwards had stated that he had i received money on account of his becoming bail i for tho appearance of James Bassingthwaite 1 It would he seen that both Mr Edwards, a soli- i citor of the Supreme Court, and Mr T. B. J Craig, a certificated accdhntant, and frequently : a trustee, had received money to become surety, 1 besides security given, and had refused to answer the questions put to them concerning 1 these transactions. He, therefore, asked that ; these gentlemen bo called upon to show cause s why they should not be called upon to appear i before the Court and answer the questions. 1 Mr Stanley Edwards stated that he had de- i dined to answer tho questions, because they ’ were not in his opinion relevant to the disposi- i tion of tho property of the bankrupt. 1 His Honor said that this wai no cause at all. i The questions were most relevant to the matter, 1 and should have been answered. | Mr Craig said that so far as he was concerned, ho thought the questions were going too far, and he had, therefore, declined to answer them. He had no wish to conceal anything. . His Honor said that the bearing of the case was well known. It had been a very bad case of fraudulent bankruptcy, and the gentlemen concerned should only have been too glad to i havo given the trustee the information sought.

Ho thought the directly hearing upon the mat for of the disposition of the bankrupt’s estate, rrVd, therefore, he should make the order calling' upon Messrs Edwards and Craig to appear on the 18th July to give evidence. Order accordingly. BE WILL ©P JAMBS r'VcALDON, DECEASED. Mr George Harper, for Mr Thompson, applied herein for probate to the widow as sole executrix. Hia Honor made the order. BE WILL OF EDITH ASJT DCDIEI, DECEASED. Mr Slater applied for an order granting probate to E. J. Dudley, one of the executors. His Honor made the order as prayed, reserving leave for the other executors to come in. WILL OP THOMAS HUGHES DECEASED. Mr Slater applied for an order granting probate herein to Barbara Hughes as sole executrix. Order made as prayed. LEASES AND SALES OP SETTLED ESTATES AND EE W. FYFE AND OTHERS. Mr Harper appeared to ask for an order for leave to bo heard in opposition to the petition. Mr Garrick, contra , asked that the matter should stand for further consideration. His Honor granted the application for postponement. EE ROBERT HAWTHORNE. Mr Gresson applied for an order of discharge herein. Order as prayed. RE A. HOBNBROOK. Mr Thomas applied for an order confirming the election of James Oeo. Hawkes as trustee heroin, in room of R. E. Cobh, deceased. Hia Honor made an order confirming the appointment of trustee. re w. £f. MSTIN. Dr. Foster applied for an order declaring complete execution of the deed of arrangement made herein. His Hon.-r made an order declaring the complete execution of the deed. ANSON V PARKER. Mr George Harper applied herein for an order entering np judgment by default. The case was one for possession of land. His Honor made an order entering up judgment for plaintiff by default. PALMER V LEARMONTH AND OTHERS This case, which had stood over, was an action to recover certain moneys paid into Conrt to await the result of an action. Subsequently, the defendants filed a declaration of insolvency. The plaintiff entered up judgment, and now came for an order to get the money. Mr Harper for plaintiff. Mr Joynt for defendants. Mr Harper quoted English cases from 43 L J. Bank., 102, to show that a plaintiff in case of money being paid into Court to await judgment and getting judgment was in the position of a secured, creditor if bankruptcy intervened. The learned counsel quoted from judgment of Bacon, C.J., in support. Mr Joynt did not offer any opposition to the order sought by Mr Harper. His Honor, after consideration, made an order for payment of money out of Court, as prayed by plaintiff. A similar order was made in two other applications by the same plaintiff against the same defendants.