DISTRICT COURT.

Thames Star, Volume VIII, Issue 2910, 13 June 1878, Page 2

DISTRICT COURT.

THIS DAY.

(Before F D. Fentnn, Esq., District Judge.)

IN BANKitUPCY

BE JAMES MCCOEMICK

Mr Macdonald appeared and applied for the bankrupt's discharge. This case had been adjourned last Court day in consequence of the bankrupt giving an improper answer to the opposing creditor. •■■■ - • .:■,.-■ -.-..■■:. -•.■ . -vr

Jamrs McCormick—l am a laborer, and am in the employ of the County Council, lam getting 8s per day where lam working. I have been employed'lß months.' My liabilities amount to £67. I am not living in my own house. I sold ;:. in 72. I have pa,id no ground rent. My brother bought the house, but I have not the papers with me. Mr Turner said that there was no registration of the transfer of the property. Bankrupt had paid a large sum to Irs lawyers. He objected to the defendant getting his discharge, as he had defrauded his creditors. > -

Mr Macdonald commented on the evidence of the bankrupt at last Court day,, and argued t> ua' there had be t nothing reprehensible in bankrupt's conduct. His Worship said there was nothing to distinguish this c; se from the ordinary run of bankruptcy v Bankrupt would have his discbarge. BE "WILLOUGHBT BBABBBT. Mr Macdonald applied for the bankrupts discharge, and read the trust, s's report, which showed that though the first meeting of creditors decided not to grant the bankrupt's discharge, subsequently they had agreed noi to oppose, with the exception of Mr Fryer, of Napier, whose claim was to be^settled by arbitration.

Willoughby Brassey, sworn, deposed--Ihave given up all my property. lQ::i Order of discharge granted. BE MAETIN MUBPHY. Mr Dodd appeared for the bankrupt, and said that as the bankrupt was a poor man, the trustee had refused to give bis report. He asked that the case stand over.- . ■■'-:--- -• ■ :' ■" "'• ■■■■■• -• ■ '•■ ■

Mr Macffarlane said that that was not the true reason that the report was with* held. The bankrupt's solicitor had systematically violated the rules of the Court by not gazetting, &c. The case was adjourned till next Court day. BE HENBY J. SYMS. Mr Dodd appeared for the bankrupt and.applied for his final discharge. He put in the Gazette of the defendant's bankruptcy. He said that the affidavit had not been lodged, as it had never been done.

His Honor said that he would require to have the Gazette in two papers. Mr Dodd then read Ihe trustee's report, which was favorable to the bankrupt receiving his d'scharge. Mr Dold said that there was no opposition. H. J. Syms, sworn, deposed—l hare given up all my property. Order of discharge granted subject to the production of the newspaper.

BE W. H. YOUNG AND THOMAS MILLET.

These two cases were adjourned till next Court day. In Liquidation. . be waitbkaubi g.m.co. Mr Macdonald applied for a winding up order in the matter of the Waitekauri G.M.Co. He produced the petition, certificate of incorporation, and other documents. His Honor granted \ie order, the first meeting of creditors to be held at the office of Messrs Macdonald and Miller on the 27th inst. , BE UNA G.M.CO. Mr Macdonald applied to have the list of contribuiories confirmed, which His Honor did, there being no opposition. - WALTEBB T. KELLY. Claim, £65 10s work and U\. ». Mr Br^assey, for the defendant, said that the plaintiff" did not appear, he having gone to Napier, so he would apply for costs. The case had been adjourned at last Court day in consequence of the nonappearance of the plaintiff. Plaintiff nonsuited. Costs, £6 6s. ' HABCOUBT V. QUINT. Claim, £67. Mr Brassey for plaintiff, Mr Macdonald for defendant. Mr Macdonald drew the attention of the Court to the hazy nature of the par* ticulars. His Honor laid that they ccrt-mly were not sufficiently explicit. Mr Brassy said that the objection was a most frivolous one, and had been raised by the defendant's solicitor to get costs. This case had been heard in the R.M. Court, and no objections were taken to the particulars by Mr Macdonald. On that occasion the EM. had decided that the case way ontside the jurisdiction of the Court. As the defendant was advertising his property for sale it might be a serious matter for the plaintiff. His Honor said he would have to maintain Mr Macdonald's objection that the particulars were unintelligible. Mr Brassey asked for an adjournment till next Court day. ; Mr Macdonald raised no objection. His Honor adjourned the case till next Court day on plaintiff paying the costs, which amounted to £3 13s. MCMANUS V.' BAXTEB. Claim, £105, damages, for wrongful conversion of passbook. Mr Tole appeared for the plaintiff, and Mr Brassey for the defendant. Mr Tole stated the plaintiff's case, and raised an objection to the defence put in by the defendant as being hypothetical, and stated that "if, such .a book had existed it had been returned." He quoted to some:■; length from Stephens on Pleading. His Honor said he would not admit the objection. The pleadings were sufficiently explicit. All witnesses ordered out of court.

Agnes Baxter, sworn, deposed—l am the defendant in this c ,se and knowihe plaintiff. 1 was in business in the grocery line in '74 and am in it now. I recollect plaintiff getting groceries from me in '74 and before that time. The eniries were made in a pass-book. I expect she had one in 1872, as every one dealing in the shop had one. In 1874 I believe she had one also, but it is not likely to be the same one that she had in '72, but I cannot 8 wear that it was not. I hare been asked to produce pass-book. From 1874 to 1876 Mrs McManus dealt with me and entries were made in a book, but I cannot say that it was the same one as she had in '74. If there was a pass-book in '76 Mrs McManus has it. I don't know it there was

one iv 76. Some of the pass-books havo blotting'paper iv theni and some have not. The goods were entered in ray day-book, and (ben into the lodger, i-oructimes the goods were entered in the pass-book at the time they were purchased, and sometimes after. I recollect July 76, but cannot recollect any messenger coming to me from Mrs McManus asking for a passbook. I don't think I ever sent for a passbook from Mrs McManus for the purpose of making entries in it of payments that Mrs McManus had made. [At this point witness declared she felt faint and left the Court. Sbe returned in about 10 minutes, and being accommodated with a chair the evidence was continued withrf I won't swear that I did not send for the book in July 76. I don't recollect sending my daughter for Mrs McManus' pass book or any other book. I remember a girl coming with a letter to me, but I threw it down and did not read it, and the girl took it away. I don't remember - when this occurred. .1 don't recollect the girl saying it was a letter asking for a pass-book. I , did not read the letter, as I did not want to know what was in it. The girl took up the letter quickly, and went away. I don't think the letter was given into my hand. I just simply shoved it across the counter. I nerer threw the letter at the girl's face. I don't recollect Miss McManus coming at all about the pass-book before the letter was written. I don't think I sent a reply to the letter, and my son did not send one that I am aware of. I cannot say if all the entries were posted in the ledger before July 1876. I am not certain if I sent a list of cash payments to. Mrs McManus after she wrc c the letter. If one was sent it would.be with my authority. The handwriting produced is not mine, but it looks like my ton's. The list, of cash payments was sent to Mrs McManus in' August '76; I think the list was sient to Mrs McManus to «how how much she had paid to "me, and the note at-tlio.. bottom was put to show the average cost of goods obtained every month. I don't know why "it was sent to her. When the girl brought the letter I don't recollect whether I bad a pass-book of Mrs McManus' or if she had it herself. I don't recollect sending a p:ss-book. In Febr lary last I had an action against Mrs ' McManus for £36 3s 7d, in the KM. Court. My own books were then -pro- ; duced, but I did riot produce a pass-book. I think the plaintiff did produce an ordinary, pass-book, I don't think I had that passbook in my hand. I don't know if the pass-book produced is the. same one produced at last Court; day. I was not questioned about the pass-book. I don't thinjs: I swore that this was the only - book that Mrs 1 McManus had. I have no! books and papers belonging to Mrs McManus. very likely there were several pass-books. From 1876 up to the time I brought the action about two years elapsed. The item brought forward was brought forward from another book. I furnished Mr Brassey with a bill of particulars taken from my: ledger.' I remember the marriage of Mr Comer; but don't remember meeting Mrs McManus shortly after the marriage at Mrs O'Dowd's, when she (Mrs McManud) paid me £5, If she paid me it is all down in the ledger. These particulars are in a Mr Carriell's handwriting. My son furnished them to Mr Carnell. • I never told Mrs McMaous that the old book was dilapidated, and sbe had better get a new one. I never saw an old pass-book in a very bad condition.

The Court hero adjourned till two o'clock.

On resuming.at 2 o'clock ihe examination .of Mrs Baxter was proceeded with as follows: —I don't recollect one large pass-book embracing payments from' 74 to 76. I have credited Airs McManus for everything she has paid me. I presume the list copied from my books is correct. I recognise these leaves, they are leaves of an old passbook. - According to this book on tbe 20th of November, 18/5 I had given Mrs McManus crHit for £3 10, and in the particulars on the same date appears £6 10s. That was explained at last court day. I have no racollection of sending her an "account before the last court case, and I did not need to as; long as she agreed to pay me from the passbooks. About Christmas last Mrs McManus promised to pay me from the £100 she got from the House of Bepresentatives. , I'll swear I never askel her for the loan i of £20 or £12 till my son got paid, as the bailiffs were iv the house. Mrs McManus gave me 22 cash payments during the time she was de .ling with me. By Mr Brassey—There is no date of the item £6 10s on the leaf of the passbook. I believe that item to be two sums of £3 and £3 10$ or £5 and £1 10s lumped, for which credit was given. I have no recollection of meeting Mrs McManus at O'Dowd's v after the weddiDg. I have met her so many times. I never had an angry word -•iIU Mrs. McM*nu9. Wbeir «hwent to Auckland re Rcih's law case she^ asked me tosupply her children with goods. She told me she had assigned her salary to Mr Rees. Ido not know much about my books, as my son has kept them. I have not been in the habit of rendering accounts to people who have pass-books. £40 6s lid was the amount I su. d Mrs McManus for. I was pressed about the beginning of this year, but the bailiff never remained'in my house any length of time. I was questioned at the E.M.*Court only about the item £6 10s. At the time I received the £1 10s mentioned in the pass-book, Mrs xMcManus promised to" pay me 30s per month until the debt was liquidated. I recollect John McManus making entries 1 in the pass-book, but my son can explain that better than me. I have not sicceeded in finding any pass-books of Mrs McManus', and I have not got the pass? book, the subject of this action, in my possession. Ail pass-books: I received from her would be returned to henn the ordinary course of business. [Left Sitting.] '