DISTRICT COURT.

Grey River Argus, Volume XIII, Issue 1540, 11 July 1873, Page 2

DISTRICT COURT.

I Thursday,; July 101 ■<■ ._* ! (Before His Honor Judge Harvey.) : Ls" Bankruptcy:; John Jordan and Patrick iWarren received their final orders of discharge. . „ JRb ohab,l!es BROADBENi.-4-Mr Perkins and Mr Newton appeared to apply for this bankrupt's discharge. Mr Guinness appeared to oppose on behalf of Mr Parkinspn. There was also, an (application before the Court for : the admission of the. prpof of Mr Parkinson's claim, on the estate -to the amount of . over IiSOO, . which was ; opposed, by; the ; Trustee. ! ... ...■. ; ■■• This.matter has ; ah?eady been before the' Court; and the evidence'has been reported at length; In the bankrupt's evidence ! as to the purchase of ■ this ; jewelry for iOßrpad- ■ bent's ar toinipn from , Salomon of ,i),nnr : edin, , arid the; manner ; in' 'Which ft wa3 [to; be paid, tfiere 7 was' iip^ateriai; variation from, that given, in /; the ]last ; cas&. , The! facts rerriajri . unchanged, and nee,d ;npt ibe reported' aHengjtfi. '..., ' r, r ,.;V'',i;| ,V iw The .opposing I.'1 .'. creditor, ; ; Mr ; Ji/ W.iPaxL kinso'n, was then, called, and ustatedrthat the evidence given byjiim at thej>r_eviojis_ hearing 6TthTcas¥'(arid* which had been read over by the * Judge i;sfcat day) was correct, with ithe exceptipnjhat-he.did.not, knowingly receive "from Brpadbent money t.he proceeds of j the sale* of tickets/in the art-union. He. received nfoney," but he did notknow that it 'came from the sale ,pf tickets. M He never ( had the slightest* intention of going into partnership.witll Broadbenfc' in tie 'sale lipf . jewelry : V'hSi simple reason for entering into* thfe transaction was, if possible,! to do Broadbent a good .turn, ; as they had; been, friends, for, a long time,' and' Salomon .-, was twilling to grant the ; accommodation until after. ' Christmas,; and I Broadbent assured him that the money would be right; before the ' acceptance was' due. Three or fourweeks 1 after the jewelry waa : displayed in Broadbent's window witness' first became awaire that there was a bill of sale over Broad-; bent's stock. Mr : .^'Levy,'-.',as^- ! .ag^ii]b'^.,fpjf.'. Hoffriung iandOp.j of Sydney, threkt'enad, to proceed, pii .his i bill .of sale, an;d in order, to : secure himself, he. (Parkinson) r took over the^liability,, arid; gave, bills ; for ; the, amount. " He was not aware; - [ whether - satisfaction, had been entered* up pri? the register fpr these bills, but he, had a letter' frorii Levy stating thai 'the bill! of sale would' be cancelled when the bills were met. ..One came^due, on the sth February, and was met Another came due a, month afterwards, .but was not pre-. vsen'tea until a 'fortnight after maturity,' * and by that time this unpleasantness had

cropped up,' arid he asked that it should; remain in. abeyance. Salomon's bills ifor \ j the art-union jewelry were riot all paid. ; <|Ele hadjiaidhim L 75, and Salomon was| agreeable'to wait for the balance, about ' L2lO. The exact amount of the acceptance he gave Salomon was L285 11s 7£d, which had since been renewed. "-Mr" Guinness" " then ; opposed "the'bank^' rupt'sf discharge on, the; following points : Ist: That beiriga r trader "he had not kept proper Jbopks of account.^ 2nd. That, withlntilt'to defraud, Ke obtained Irbm Mr Parkinson, under ?false pretences, a large quantity of goods.. 3rd, That m_ his ' examiriaii6# before the '• Trustee \h'e/ - made inconsistent and untruthful statements..;! And, :4th. ,;That the bankrupt's/ statement of , accounts , showed; a most extravagant ,' expenditure fpr^, domestic : purposes. ,' ", r '..\ '," „ ' ''.<'.,'., ■■ On these 1 pbirits 1 Mr Perkins reglied at considerable length. ' lT ! : The Judge (said* it- did nbt ! appear to him that there had been any false preten-^ ices' in the ''transaction. ; 'The L security? which.was-.given by ißroadbent to Parkinson, if statement of. the tran-. sactioii was correct, ,, was! not a proper security under the circumstances ; there were false jrecitals in it. .As to the bankrupt's expenses, they did not appear to be too high,;, as .; it r was,; stated in evidence that he could earn L 8 or LlO per week, and there was n© reason? why he should not sperid L 5. ' But| the .principal objection, appeared , to,^be, ■that no' proper books' of account had l b'e'eii f kept to ( show how this business , had been :carried ! ' ! bn' for the last ! 12 "' or 6 5 months. ;And then the matter-of the art union tickets.Sj^he fact ; was :thatLlß2[had been? taken from the public which would never. ;be accounted for, and., for no one .could proye r "bri the estate. Under the* circumstances. he could not grant the cer-~ tificate. It would De suspended for 12 months. *!,.,.,!. r ,ir •(,.'! : Mr Perkins ' asked ' that protection .should continue. ■'■ i The Judge ;C'Puld! : nPt* depart : rro'm^the us ualicourse Prote.ction-.was^withdrawn, r but he thought 5 no 4 one ;Was.likelysto annoy ; The. question, was /then gone.intp aSjtpthe proof of Mr Parkirison's debt^ ' x ! " ^ -] The i Judge it .appeared to : him that^ these goods were ., supplied to Broadbent for an illegal purpose! Buth'e' would motr not give a decision at that moment : ; he- would >tak,e /l^ime^{tp r ,,9pnsider^'.!,,T^ costs of the opposing creditpr-iwould be held over untjl the -next . sitting. : ofn the Court,; and ifyin'theKmeantimej MrrSalumon shb^d arrive in town; the^Trustee was authorised to subpoena him to give evidence iri'the ?case. ( ' ' '- ' ' : ! } ] - ! ' ■ The Court ad jpurnedj until this ; mornr, ; ing at 10 o'clpck.,^ ir .,|.'. r - ,!' . , rr^ ;/ !