DISTRICT COURT.

Tuapeka Times, Volume V, Issue 255, 19 December 1872, Page 7

DISTRICT COURT.

(Before His Honor Judge Gray.) Tuesday, Dec. 10.

Trustees of Gooday's estate v. Oooday. — This was an action of trover. Mr. Mouat appeared for the trustees, and Mr Taylor for defendant. It appeared that Gooday on the 12th April last, executed a deed of arrangement with his creditors, constituting plaintiffs trustees. Before the deed of arrangement was made, certain goods, including a piauo, had been shipped in England, consigned to defendant, and on their arrival afterwards, were claimed by the trustees as portion of the estate. It was proved that the piano was sent at Gooday's request, but as a present. The claim to the other goods was abandoned during the course of the proceedings, and after lengthy arguments by counsel, judgment was deferred till the following day. Wednesday, Dec. 11. His Honor in the case Trustees of Gooday's estate v. Gooday, gave judgment for plaintiffs, for £00, without co-sis, with the understanding that if the piano was given up, the damages should be reduced to a nominal sum. Thursday, Dec. 12. M'Coy v. Corporation of Lawrence — This was an action to recover £58 16s for legal advice, and preparing certain leases. Mr, Mouat appeared for plaintiff, and the Mayor and Town Clerk appeared for the Corpora* tion. The amount due for legal advice £2 2s was admitted, and paid into Court. It appeared that some time since the Town Council passed a resolution, directing certain leas 8 to be prepared by the Corporation Solicitor, the terms to be arranged by the Reserves Committee. Plaintiff av:rred that ho waited upon certain members of the Res-ryes Committee, who instruct d him to obtain instructions from the Town Cl rk. The Town Cbrk upon his application, gave him a list of leases partly writt -n in ink and partly in p ncil. Ue considered these suffiui nt instructions, and pr par d fch- L>as--s, for which he charg d£2 23 «ach. Th» Town Clerk sfcat* d that he never int- nded th" list he gave as express instrucions, and that h;i warned him at the time that th- list was not reliable. Two members of tho Reserves Committee denied giving any it .*t ructions, and the Mayor expressed entire ignorance of any such instractioia. Th« Ficaio* Committe-, recomm nded that payment be made for 9 It-as.-s, as th y would be useful to the Cout.etl, bw plaintiff would not ace pt such payment. Th.* case was adjourned till the following day. Frid*y, Dec. 13 Ou the Court opaning, judgment was given for the £18 18s origiually offered by the Cou> cil, in addi'iou 10 lltt Bum paid into Court, on tho Mayor under taking to pay tor any of the oth r leases that might hereafter be used. £1 10s costs was allowed. Mr. M'Coy on behalf of Mr. Mouat, moved for a rale nisi for an attachment of the trustee in Alexander Cormack's estate, for contempt in refusing to comply with an order of Hie Court for payment of costs. After hearing arguments of counsel, and the statement of Mr, Ai buckle the trustee, the judge directed ike trustee to retain sufficient funds to pay the coat*, and that the mutter should stand ovor (ill ne*t sfciingof the Court. Satowjat, Dro. 14> In tfc* <*«c of Oa»ey v. Morrison And others, a summon* had b«en taken oat to stay proceedings, until plaintiff hnd given security for costs. Plaintiff ia the meantime had died intestate, and the matter was ordered to stand oyer till next sitting, Mr. Copland appeared for U»e plaintiff, and Mr. Mouat fur the defeadttat^. IS BANKRUPTCY, T«iesday, Dec. 10, Be Henry P«tert Bankrupt appeared to pass bis final •xaminatioa, aad apply for Ms discharge, litr. WGoy appeared for bankrapt. Discharge granted. Re. Richard Dunn. Bankrupt passed his final examination and obtained his discharge. Mr. Mouat appeared for bankrupt.

Wednesday, Dec. 11. Be Alexander Connack. Mr. Mouat appeared for bankrupt? who appeared to pass his final examination, and to apply for his discharge. Mr. Herbert examined bankrupt relative to his previous bankruptcy, hie transactions, and the disposal of a house. The baukrup attributed his being compelled to seek the prot ation of the Court, to lo*"*. upon contracts more particularly the last or.c he took, viz. — the erection of additions to the Victoria Hotel.

The report of the trustee, (Mr, Arbuckle), was unfavorable, and recommended, that the bankrupt's certificate should be suspended, and that if it should appear to the Court advisable, criminal proceedings should be instituted against him. Mr. Arbuckle and Mr. J. F. Herbert gave evidence relative to bankrupt's transactions with them, and the proceedings which had taken place at the meetings of creditors. The former stated that owing to the state of bankrupt's books, he was unable to ascertain any reliable information as to his receipts or expenditure. The further hearing of the case was adjourned till the next sitting of the Court, the bankrupt in the meantime to amend his schedule, and to file a statement of his asseta and liabilities, on the day named in the or* der, in conformity to Bxue 19 of the Bank* ruptcy Act.

Friday, Dec. 13. Be Matthew Ferguson. Mr. Mouat appeared for bankrupt, who appeared to pass his final examination and apply for his dia. charge. Mr. M'Coy appeared on behalf of the trustee, Mr. Drammond. Bankrupt was examined relative to his transactions, the cause of hit insolvency, and as to an alleged fraudulent conversion of his estate. The trustee's report was unfavorable to bankrupt. Mr, Prummond the trustee and principal creditor, was examined, and gave evidence to the effect that bankrupt had not acted fairly towards his creditors, and had not assisted them in realising the estate. The case was adjourned till next sittings. The trustee was alloyed to retain £2 2s costs from the estate, for professional assistance.

Toksday, Dec. IJ. Re J. T. Pope. The deed of arrangement in this estate was declared completely executed, and the proceedings iv bankruptcy annulled, Mr. Mount appeared for the trustee.