RESIDENT MAGISTRATE'S COURT, AHAURA.

Grey River Argus, Volume XII, Issue 1247, 29 July 1872, Page 2

RESIDENT MAGISTRATE'S COURT, AHAURA.

Friday, July 26,

(Before O. Whitefoord, Esq.,' R.M.) .

M 'Donald v. Levy. — A claim of L 6 4s 6d. This was an action to recover a prov portionate share of a debt of LI 8 13s 5d due by Mr Lonargan, a former storekeeper at Half-Ounce, to the plaintiff, a butcher, at that place. In March, 1871, Lonargan assigned his estate, and defendant and another creditor were appointed trustees. A notice, signed by the trustees, appeared in the Grey River Argus directing persons having claims against the estate to send them in to the trustees by a certain date, otherwise they would not be recognised. The plaintiff stated that the defendant purchased the estate from the creditors on condition that he paid the 6s 8d in the pound on their claims. He asked the defendant for his Bhare of the liquidation, which, as a third part of the original debt, would be the amount now sued for. The defendant refused to acknowledge his claim, as he did not present it before the time notified had expired.— Mr Staite, for the plaintiff, contended that a notice in the newspapers of this description, without official authority, was valueless, and did not relieve a trustee or any other person from his liability to the rest of the ere.ditors, after he had annexed all the avail able property of the bankrupt. If simple announcements of this kind, which ere-'' ditors at a distance might never see, enabled a trustee to set. creditors at defiance, who had as valid a claim on the assigned estate as he had, it would be a fine thing to be a trustee in some cases. — The Court was of opinion that the act of bankruptcy on the part of Lonargan, and the execution of the deed of assignment, Which was admitted, was a bar to the present proceeding as against the defendant as a trustee. — Mr Staite explained that his client was particularly careful not to sue the defendant as a trustee, but as the purchaser from the trustees of Lonargan's estate. — At this stage of the case, a notification was put in that an application had been made to the Resident Magistrate at Greymouth that the evidence of the defendant might be taken there. After argument, the further hearing was adjourned for two weeks. : Verdicts for the plaintiffs with costs were given in the following cases: — JMarshall v. Dan. Hayes, L 7 2s 3d ; Marr and Lock v. Frank the Greek, L 8 19s Bd. Marshall v. Wyndham, Wright v. Blackshaw, Long v. Hines, and Nelson v. Anderson, were enlarged, as the bailiff was unable to serve. thY summonses on account of the floods.

The Court was adjourned to the 2nd August. ■■■ _^^ ,