SUPREME COURT

Globe, Volume XXIV, Issue 2520, 6 May 1882, Page 3

SUPREME COURT

IN CHAMBERS. Saturday, May 6. (Before His Honor Mr Justice Williams.) BANK OF KBIT ZEALAND T TRUSTEES OF JAMBS WOOD. This was an appeal from the decision of the trustees in rejecting a proof of debt. Mr Garrick appeared for the Bauk, and Mr Stringer for the trustees. The argument was heard on Wednesday last, and judgment was reserved. The debt claimed was for a promissory note for £350, on account of which the Bank held a mortgage from the endorsers, Wood Bros They had valued the mortgage when proving against the estate of the firm, but, being e second mortgage, it was valueless, and they sought to prove against James Wood senior’s estate for the amount. The trustees rejected the proof on the ground that the value of the mortgage should be deducted, as its being valued had operated as a cash payment, and that credit should have been given for the dividends which the Bank had received from the estate of Wood Bros, on account of their proof against that estate. His Honor now decided that the Bank were not bound to deduct tho value of the mort. gage from their proof against James Wood’s estate, but reserved his final decision until he had more fully conoidered the question of the dividends. BB DAVID FISHER. Mr Watson obtained an order for probate of the will of David Fisher to Agnew Fisher, of Oiford, widow. This was all tho business.