SUPREME COURT.

Nelson Evening Mail, Volume VIII, Issue 242, 8 October 1873, Page 2

SUPREME COURT.

[Before His Honor Mr Justice Richmond] Monday, October C. IN BANRUPTCY. In re John Petrie Speed. Mr Pitt, on behalf Mr Sclanders, the Trustee ia the estate, a«ked Ills Honor, before proceeding with the business of the day, to say, if his Honor pleased, that tho remarks made by him upon the transactions with the debtor did riot apply to the floods in bond purchased by tho debtor from Messrs Morrison, Sclanders » 1 .:. Co. The report published in the papers was a correct report cf the judgment and of the evidence as far as it went, bnt as no names were mentioned by his Honor, the remarks appeared to apply to their dealings with the debtor, of whose estate Mr Selanders was the trustee. The opposition to the deed had been made with the expres3 consent of the trustee, whose wish it was that the whole matter should be investigated. His Honor said it appeared from the evidence that the goods sold by Messrs Morrison, 'iclanders, and Co. were bonded in the name of the vendors, and thnt the bills given for them were atitl current at; the time. The goods being undelivered, and not having been paid for, there was a right of stoppage in transitu, and therefore nothing wrong in ho'.cing over deliver v, which was a different matter to seizin;? go°da already delivered. The observations were certainly not intended to apply to Messrs. Morrison, Sclanders, and Co. A Judge sitting in bankruptcy wes often in a very difficult position. Many transactions came before him which appeared prima facie discreditable, and which it would be his duty not to pass over without remark. At the game time the evidence was often one-siued, as all the parties were not before the Court, and any remarks should, of course, be taken subject to this objection. In re George Edward Levien. Mr Hyam Davis waa examiner! by Mr Adams. This closed the case for the opposing creditor.^ Mr ITell examined the bankrupt at some length.