IN BANKRUPTCY.

Nelson Evening Mail, Volume IX, Issue 258, 30 October 1874, Page 2

IN BANKRUPTCY.

Be Jab Mackat (tertios). Mr Acton Adams moved for an order, confirming the appriotment of T. S. Wymond as trustee of bankrupt's estate, and also for a day lor public sitting for the bankrupt to para last examination. Order granted for 18th December, accounts to be filed from 10th April last. ... . Be HenbY Olsen. Mr Bichardson, oa behalf of bankrupt, made application for his discharge; The bankrupt was examined as to the correctness of his accounts ii d bis reasons for seeking protection of Court. The order was postponed until Friday next, in consequence of the accounts not being filed in time.. The bankrupt to obtain discharge then it no creditor ! opposes.-' -r'._-, : - WtMOKDB. FISHER. I Mr Pitt, on behalf of Mr Wymond, a creditor, moved for an. order directing the trustees to pay a dividend to his client. > ; Mr Acton . Adams -appeared for the ; trustees. „ : r , .. , i The point ia dispute was whether Fisher, i prior to. his deed of arrangement, agreed with j TCymond, that lisherV dividend inTovey's i estate should be placed to Fisher's credit in 1 Wyraond's books. . j „ Mr Pitt contended, that Fisher's direction i to Wymond's accountant to divide the estate, i and an alleged ratification afterwards by Fisher, was sufficient for his cas?, and that Fisher's aflidavit was contradicted by boih Wymond and Bea*. ; Mr Actos Adams argqed— ! 1. That Wjmond had no authority to I i credit himself. : . : ■; ; ; : ;. -J : 2. That the declaration of the dividend i i under the alleged authority; was not i completed, :. . . ; j 3. That there was no actual payment, add ; that the creditors dould have refused to i adopt the credit in Wymond's books. r I he Court gave judgment an follows t— ln tftis case the applirant, in order to succeed, is bound to establish that he was allowed by ISsher, before Fisher's deed of arrangement, to credit himself with Tovey's dividend. I do not think Wymond can succeed unless he makes out a clear understanding with Fisher ; and on reading the first paragraph of Fiaher's affidavit, I cannot think he has made out a case. The onus is on Wymond. The motion must be dismissed with costs.