DISTRICT COURT.
ASHBURTON - . SITTINGS IK BAKKRUPTOY. Peidat, August 15. (Before His Honor Judge Ward.] BE THOMAS A. GATES. This was nn application by the trustee in bankrupt’s estate for a rule nisi, calling on the clerk of the debtor to show cause why ho should not pay over to the trustee net proceeds of sale of debtor’s property, which had been paid into his hands. After discussion, Mr Branson elected to withdraw his application, with a view to its renewal on further affidavits at next Court, when it was arranged that cause should be shown in the first instance. BE CHAEIBfI SMITHEXt. Application for ordinary discharge. Mr Branson, instructed by Mr Crisp, for the applicant. Affidavit withdrawn, that affidavit should bo filed by insolvent to the effect that he has given up the whole of his property to the creditors’ trustees. EB TAYLOE AKD LILE. Application for ordinary discharge. Mr O’Reilly appeared in support of the aplication. Mr Branson said there was a breach of .professional etiquette in this case. The filin of the schedule and other business of the bankrupt’s had been entrusted to Messrs Branson and Purnell, while now, without an apparent cause, Messrs O’Reilly and Ireland applied for their discharge. Ho submitted that the firm of solicitors now applying had no locus stnndi.
Mr O’Reilly said the bankrupt had been introduced to them by a client, and represented that Messrs Branson and Purnell had demanded payment of £lO before they presented the application, and that ho being unable to do this and their client undertaking to see them paid, they, Messrs O’Reilly and Ireland, took up the case. Ho denied any breach whatever of professional etiquette. After Mr Branson had replied that the firm only asked for on endorsed promissory note for £lO as collateral security, with the understanding that it should be refunded if in excess of requirements, His Honor stated that the solicitors employed were under the jurisdiction of the Supreme Court, in which he had no power. BE MDiIETON, EVANS, JONES, AND M'CUTOHKON. Applications for orders of discharge. It was intimated discharges would be granted on filing of affidavits by bankrupts that the whole of their property bud been Landed to creditors’trustees.
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https://paperspast.natlib.govt.nz/newspapers/GLOBE18790816.2.19
Bibliographic details
Globe, Volume XXI, Issue 1713, 16 August 1879, Page 4
Word Count
368DISTRICT COURT. Globe, Volume XXI, Issue 1713, 16 August 1879, Page 4
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