SUPREME COURT.

Poverty Bay Standard, Volume I, Issue 164, 23 June 1884, Page 2

SUPREME COURT.

(Before Judge Gillies.) SATURDAY.—IN BANKRUPTCY. Wm. Hy. Honor. Mr. Nolan appeared for the bankrupt, and Mr. Ward for the deputy assignee. There was no appearance of the debtor, and the case was struck out. John Saltee Lincoln. Mr. Watson for the bankrupt, and Mr. Ward for the Deputy-assignee. The report of the Deputy.assignee was read stating that the debtor was the insol - vent partner of a solvent firm, and made no further report. Mr. Ward stated there had been no quorum at the meetings, and the debtor had not been examined. His Honor said that the assignee should have personally examined the debtor. Ordered to stand over. Edith Shakespeare. Mr. Finn appeared for the debtor. There was no appearance of the debtor, and the application for discharge, was ordered to stand over. Geo. Beveridge. Mr. Finn for the debtor; Mr. Ward for the Deputy-assignee. Mr. Ward stated that an objection had been taken to Mr. Bennett acting as Deputyassignee, as the bankrupt was indebted to the firm of Messrs. Graham, Pitt and Bennett.

Mr. Ward said the debt owing to the firm had been struck out, and that a summons had been taken out to have the question reviewed. Mr. Nolan said he had received no notice of it.

His Honor held that an objection to Mr. Bennett’s appointment should have been taken before it was, as he had been appointed by an order of the Court. The report of the deputy official assignee showed that the debts amounted to £167 17s Gd, and the nominal assets to £216 10s. There was a preferential claim of a horse, cart and harness, of which he asked the Court to mark its disapproval. An order was made that the debtor had passed his public examination, and he should apply for his discharge before the Registrar. D. M. Orr. Mr. Nolan appeared for the debtor, and Mr. Brassey for Messrs. Boylan and Bennett, the trustees. Mr. Nolan objected on the ground that the trustees were not entitled to counsel. His Honor said he could not agree with this. The Trustees report, already published was road, and was so unfavourable, that the judge said the debtor would have to be examined. D. M. Orr, on oath stated that in the trustees report it was stated that he had had certain articles in his possession. He could only think it referred to some iron which

was being used in building some houses up the road belonging to my brother. The iron was not his property. He supplied the contractor with the iron. It was lying about the houses being built. lie was living in a house alongside. He imported the iron, but had not been paid for it. He had not put the debt down as an asset- His brother had paid for it. The insurance was allowed to elapse because he wanted to keep the expenses down, thinking in the event of a fire, he could get the goods out. My brother was down the day before the fire, and he gave him some cattle and horses for £5O, he had borrowed. At the time of the fire he was solvent. I never refused to give the trustees any information they asked for. He knew of no reckless trading. Had between £5OO or £6OO of book debts. He had collected for the trustee about £250. He had no specific instructions to place moneys of the North British Insurance Company to a special account, and so placed them to his own. The creditors had the benefit of this money. His account was overdrawn, but had not exceeded the limit he was allowed, Mr. Brassey cross-examined —Did not know if the persons from whom he bought the iron proved as creditors in the estate. Had made a compromise with Waring Taylor and Co. for 7s. 4d. in the £, after filing. Had done thia as agent for his brother. After having filed, Forbes, the contractor, asked to have the iron handed over to him. Did not do so. Did not hand it over to any one. Had possession of it after filing. Put it in two sheds. Gave it to one Wright to do so. Was acting as agent for my brother. Made a composition with the carpenters of 7s. 4d. in the £. They have since been paid in full. Morgan, Hurrey, and Hubble were paid in full. Handed over the cattle to his brother, so as to repay him. Gave him a note of sale the day before the fire. Had bought book debts in Carr’s estate. After the bankruptcy, sooner than go to law, had paid £BO to trustee by P.N.’s Mr. Brassey briefly addressed the Court, urging that from the facts the bankrupt was not entitled to his discharge. Mr. Nolan pointed out that the bankrupt * had already been kept out of his discharge for three months. The debtor intended to pay everybody, and would if allowed fair headway. H. C. L. Boylan, one of the trustees, explained to His Honor several matters which were mentioned in the report. His Honor said from bankrupt’s own statement he had overestimated his assets and underestimated his liabilities, and that it was very clear he was not solvent at the time of the fire. The transactions between himself and his brother were somewhat difficult to understand. The act of handing over the horses and cattle to the brother the day before the fire was highly improper. The proceedings regarding Waring, Taylor and Co.’s debt were extraordinary. He was of opinion that the debtor was not entitled to an immediate discharge. He would mark his sense of the impropriety of the debtor’s conduct by suspending his discharge for twelvemonths.