DISTRICT COURT.

Grey River Argus, Volume IX, Issue 646, 10 March 1870, Page 2

DISTRICT COURT.

Tuesday, March 8, (Before His Honor Judge Clark.) Is Bankruptcy. Re Morgan O'Conneu,.-- Mr Perkins appeared for the bankrupt, and applied for a final order of discharge, Mr Kenrick, the Provisional Trustee, reported that the insolvent's liabilities were L 343, and his assets LB. No creditors had proved on the estate, and no opposition was offered to the application. In examination, the bankrupt said he. had been carrying on business as a hotel-keeper at Clifton. The owner was now in posses* sion of the hotel. His losses were owing .to the failing off in business, and losses sustained at different parts of the coast, where he had endeavored to maintain hia wife and six children. A final order waa granted, Re Robert Thomas. —Mr Guinness appeared for the bankrupt, and applied fora final order. The Trustee reported that the liabilities amounted to Ll4B, and tha assets to. L.15, which were very doubtful of being realised. Jn examination, the insolvent said he formerly owned apubliov house and a vessel at Westport. He bought the vessel for LJ.4O, and laid oufc a good deal of money upon her, to put her in working order. On a trip from the Grey -die sprung a leak, the cargo waa damaged, and on her arrival she waa seized and sold, and he left without anything. Since then he had been working at his trade in Greymonth. Final order granted. Mr Guinness made application for his costs as the baukrupt'a solicitor to be allowed him. It would spur up the bankrupt to see that the estate waa realised. The Court : It will spur you up, you mean. You can take the order, subject to any costs incurred by the Trustee and in Court. Re Mary Ann Pritchard.— Mr Guinness made a similar application on behalf of this insolvent. In examination, she stated that she had intended to carry on business a.s a hotel-keeper at CJiftan, but the population left the district before the house was finished. Smith, the principal creditor, built the house, on terms, but obtained a judgment against her for the full amount, before the building waa finished. Since then she had been unable to get back to Clifton, and knew nothing whatever about the house. A final orderwas granted. Mr Guinness, applied for his costs. The trustee opposed, because the only creditor who had proved was the man who had built the house, who had lost his time, lahor, and material, and; who ought to get anything that was. realised out of the, estate, ius,tead o f its goinsf to pay the bankrupt's solicitor for putting her through the Court. " MrGumness replied that these proceedings had been caused solely by Smith, who. had endeavored to have the insolvent arrested, at the time that she was willing ta come to any arrangement with him, aud had offered him back his house. Tha Court said the insolvent appeared to have, been very unfortunate, and Smith had; been very hard upon her. He ought to. have been present to have urged his objections. The order would be given conA ditional, as in the last case. Re Daniel M'Kinty.— Mr Guinness applied for the insolvent's final discharge* The trustee said the liabilities were L 173 and the assets L 143. The latter were, book debts nearly worthless. Neither the. hotel kept by the insolvent nor his license were put down among hia assets, nor the takings in the hotel since his insolvency. (Mr Guinness here offered an amended statement, which the trustee refused to accept.) No creditors had proved on the estate, but he asked an adjournment, iq order to make further euquiries. Mr Guinness read the amended statement, which set down the value of the hotel aa nil, as it was only leased, from week to week, and the license at L2O, but the money to take it out had been borrowed from the landlord. The Court ordered a.n adjournment until next sitting, meantime protection to continue. Re Thomas Norberg. — Mr Newton appeared for the insolvent, and applied for his discharge : and Mr Perkins to oppose, on behalf of Messrs Giesking and, Ryan, creditors. The insolvent had been, employed as a musician at the Victoria Hotel for fourteen months at LSI per week, and had contracted debts to the omount of L 69 6s, while his assets amounted to L 25. The cause of his insolvency was the pressure of one creditor. He had kept a marine store, which.hjid, been a failure, and the examination waa principally as to the ownership of some bottles and rags in a store in Arney street. The Court said there was nut sufficient grounds for refusing the order,, and granted the discharge. GIVIL CASE.. • James Wylde v. Grey River Coal Co. (Limited.) This was an action to recover Ll4O 7a 3d, the balance due for services rendered as the company's engineer and manager, Mr Newton appeared for the plaintiff, and Mr Harvey £or the. defendants. Mr Harvey took a preliminary objection, which he had been instructed to take — that the case was without the jurisdiction of the Court, as the cause of action arose in CShristchuwh, Mr Newton replied, and ' . The Court held that the oajuse of action arose in this district, and the action had therefore been rightly brought here, ' James Wylde : That is the certificate of incorporation of the company, and I prcw duce the agreement under seal of the. company under which my services were secured. I saw it signed. I left for Greymouth the following .; morning, and continued in the employ of the defendants, up to the date mentioned in the bill of particulars, October 27, 1869. The agree-> men t was read, and . ; :.'. Mr Harvey objected; it was nudum pactuin, and ike action could not be brought under it. There was no ! undertaking on the part of the plaintiff to do anything. The Court thought the document was a deed under s.ea.l. Besides it most be borne in mind that in this case the work had been performed. Examination continued : The balance now due to me is LJL4Q 7s 3d. i have had great difficulty in obtaining payments on account, and 1 have applied for pay-i ment of this, amount, but received no answer, ' > Cross-examined by Mr Harvey : I had special permission from the directors, to employ myself otherwise than, in tfeeir services, so long as I did not neglect their work. I was not employed very extensively by other companies this time, and I never neglected any portion, of. the defendant's work. I was uover inducted

by the directors to attend at meetings c f the County Council. This was the plaintiff's oase, and Mr Harvey said he had nothing to urgefurther. He had carriod out his insuc actions, and would call no witnesses, but he asked that a note should be taken of his objection with regard to the deed. Judgment for. the plaintiff in the full amount claimed. Mr Newton asked for immediate execution, which was opposed by. Mr Harvey, but after an argument it was granted. The Court adjourned sine die.