SUPREME COURT.

Tuapeka Times, Volume IV, Issue 221, 25 April 1872, Page 6

SUPREME COURT.

IN BANKRUPTCY.

April 22. (Before His Honor Mr Justice Chapman. ) ADJUDICATIONS. John Knox and James Matheson were adjudged bankrupts ; first meeting of creditors being fixed for April 30, in Matheson's case, at Oamaru. When Matheson's case was mentioned, the Registrar pointed out that the District Court at Oamaru had jurisdiction, and suggested that it ought to come before it, seeing that the creditors resided in the district. His Honor admitted that it would have been better had the case keen brought before the District Court ; but as it was a matter of choice, he could not try the question of jurisdiction. LAST EXAMINATIONS. Francis Johnson Butterfield, Martin Sullivan, and William Luke, received final orders of discharge. Daniel M'Lean Campbell's matter was adjourned to May 6 ; and that of Jacob S. Caro to April 29. May 6 was fixed for the final examination of John Johnston, Joseph Martin, and W t. Grant ; and May 13, for that of John Co| per. Re F. H. Evans.— On Mr Catomore's application, an order was granted empowering the trustee to sell the book debts. Re John Crickmore.-— The bankrupt, examined by Mr Stewart, said he had resided at Port Chalmers for a number of years. In November he owned a hotel, and four sections in Port Chalmers, on which were built six shops and cottages. He would have been glad to have taken LISOO for the property. He paid L 350 a year rental, and his income from the property about counterbalanced the expenditure. At the most he received LSO a year clear. He owed the Bank of Otago L3BB, which was secured by mortgage over the property ; and Mr John Fargie held a second mortgage over it and bankrupt's furniture, to secure cash advances made by him, and payment of goods purchased. The amount due to Fargie was between L3OO and L 40 0; at one time the indebtedness amounted to L6OO. Although Fargie'e mortgage was obtained on January i

11 [Mr Stewart here explained that this was a day before M'Leod filed his declaration of insolvency], the security had been piomised on the 9th of • ovember previous. Bankrupt expected money from M'Leod, who deceived him, and he then gave the security to Fargie. Was not connect- d with M'Leod, neither was he partner with him He merely advanced M'Leod moneys to carry on the Clutha railway, for which he wa< contractor. Gave him money to the amount of LIOOO. Had no connexion witk the line ; merely kept a store there ; and, as 9oon as he disposed of that business, returned to town. Was aware that Mr Strode had decided that he (bankrupt) was a partner with M'Lsod; but that related to a single transaction ; and, notwithstanding that judgment was given against Mm, he said he was not partner. The hotel at the Port was at present in the hands of Mr l<illey, his nephew, who had taken up Faroe's bill of sale. There was ho understanding that when these matters had beeu got over he (bankrupt) was to re-enter tbo hotel. Lilley had nothina to do with him ; he was now a boarder in the house, and was expected to pay 30s a week. Up to the present time he had only paid Lilley £5. He had undertaken to pay his creditors Is 6d in the £ ; but trusted to his friends and Lilley to give him assistance. He had never promised Marshall and Copeland, that he would pay them more than Is 6d if they signed the deed. Mr Robin, who was opposing, refused tO Sign Unless be (bankrupt) promised to pay him in full. Expected to come out of the contract business with f.IOOO profit; and would have done so if M'Leod had been a honest, honorable man. Ro'>in's debt was a bill given to him by M'Leo I. Messrs Fargie and Kobin were examined.