DISTRICT COURT.

Manawatu Standard, Volume IX, Issue 70, 24 February 1885, Page 2

DISTRICT COURT.

YESTERDAY.

(Before his Honor,' Judge Rawson). Deputy Official Assignee v. New Zealand Leather Company (m liquidation). Application to have order made declaring the action of the defendants void m the matter ot the seizure of Morris' stock previous to his filing. Mr J . H. Hankins for the plaintiff: and Mr E. Stafford for the Official Liquidator (Mr A. D. Sommerville) Counsel, having addressed the Court, first witness^. Mr G\~ H. Luxford, was sworn and examined by Mr Hankins.deposed was formerly managing director for the Leather Company, recognized account and P.N. put into Court for .£7B 14s 2'd. No doubt this sum was due by Morris-bn-23rd February, 1884. Eemeinbered going on 21st February to the shop, saw , the bankrupt's father, went again next ! day, did not know the P;N. was dis■■hohored then. Mrs Morris told. him. the P.N. could not be met, proposed to take stock. It was a mutual understand-" ! ing between witness, Mrs Morris, and the old man that the stock should be taken. Next day I found the stock" had nearly all been packed up; I arranged for the balance owing to take.; four, six, eight, and twelve months bills, so that he might have a fresh start. , A good bit of stock was left— about J>3o worth; were to have got security for the bills. The Company were the sole creditors excepting some .£l7. Did not see Morris at all, got some '.£8 or> J9 from Mrs Morris. . Witness was. not cross-examined. John Morris, next witness, remem--bered the month of February t last yedr. Was then proprietor of a boot shop at Terrace End. The stock Was got from the Leather Company. Was ill previous to Luxford taking the goods away, i His wife was m charge of the shop looking after it. Told her to sell as much as she could to meet the P.N. coming due 22nd February. If the goods had not been taken by Luxford the. bill would, have been paid. When witness came* back there was hardly £5 worth m the shop. 0w c a few spall debts, they are i still unpaid. Creditors resolved to let him have what little there was m the shop. .;■•-• . ;,-. By Mr Stafford: Was told he had been delirious when he recovered' from his illness. For a few days did ( not know what was taking place. Told His* wife to do as she pleased with the goods. Mrs Morris has a house and a piece of land which witness settled on her fotiii or five years ago, Mr Warburton prepare^ .the deeds, borrowed i'loo on the, property about three and a half years ago through Mr Linton's agency, ;£lO of which he put m the business. By the Court : Went to Melbourne before he was ill. Was away about five months. Left his wife m charge of the shop. Told her if there was not enough to meet P.N. to ask the Company to renew. She could have met the P.N. herself if she liked. Mr Luxford came j m/ while she was out of the shop and f took an inventory ot the goods. Witness' father was there. Have made no purchase since the goods w^re taken. • G-. J. Scott, Deputy Official assignee, desposed that at a meeting of creditors it was resolved to hand certain eftects over to the bankrupt — his tools, and pair boots, leather, &c, the book debts ■ were about ;S6 16s. There was nothing to pay the expenses of the estate, about ;£25 had been guaranteed by Mrs Morris, to take this action against the Leather j company. Mr Luxford, recalled : Knew nothing of the value of the goods left ; ; don't re-: member- being there when the stock was ! taken.; . . A. D. Sommerville, deposed : Am official liquidator of the Leather Company; tjhe amount owing by Morris, after allowing tor goods taken, is about JB108 ; the goods may have been sold. This closed the case, and counsel addressed the Bench. Mr Stafford contended . there was no jurisdiction, the proper course to have been taken was ]a suit for damages m the Supreme Court ; that, the goods had -not Jbeen handed over by the bankrupt or by his agent, that they had been seized by the company^ and that it was not shown that a pYe-* ferential claim had been settled, as the goods had been converted, and-not handed over "either by Morris or his agent. Mr Hankins said that it had been conclusively proved that the goods had been taken by the company from Mrs Morris, who was acting as her husband's agent, that he was not solvent, and that a perfefential claim had been paid. On these grounds he would ask that the order be made. j •"• \ • ■ v His Honor at once gave judgment m favor ,pf the creditors declaring . the action of the i Leather Company Void, also making an' order for taxed costs. . PROBATE.; r ! Will of Mary Weston granted to Sarah Elizabeth Russel^as one of the executors, with leave reserved to the other executrix to come m for probate. bankruptcy".' „-.■;•., H. J. Lloyd — Discharge granted. R. J. Baker — Application postponed ■to next sitting. '. s\\\ ! . . Taylor— Adjourned to 22nd April on application of bankrupt's • solicitor;. , FINAL EXAMINATION. Peter Sheridan — Order made. W. Campbell— Order rhado. C.Seigel— No appearnco of bsinbrupt. W. Crabtree and Son— Petition ,to adjudicate C. Tricklebank a bankrupt. Withdrawn.