SUPREME COURT.

Tuapeka Times, Volume VII, Issue 397, 7 October 1874, Page 6

SUPREME COURT.

IN BANKRUPTCY. Monday, September 28. (Before His Honor Mr Justice Chapman.} Re James Midddetox. — Mr Mouat applied for bankrupt's discharge. —The Trustee reported that if bankrnpt had filed his schedule at the proper time the estate would have paid 7s 6d in the £, whereas there was now nothing. — His' Honor suspended bankrupt's certiiicate for two months. Re Geohse Perriman. — Mr Moat appeared in support of a creditors' petition, asking that George Perriman be adjudicated a bankrupt. Counsel said the petition set forth on the 23rd inst. the debtor filed a deed of arrangement whereby he promised te pay a composition to his creditors of 2a 6d in the £. which deed was duly executed by debtor alone, and gazetted and advertised in the 'Daily Times' of the 24th inst. This deed, the petition averred, was executed merely for the purpose of delay, and not bona fide with a view to an arrangement beneficial to the creditors. It was also averred that the two principal creditors, in debtor's schedule, were Jiia sons, and that one of these was a minor ; that debtor had receatly made large purchases of goods, which had all disappeared ; that since the deed had been filed debtor had expressed his intention of paying one of his creditors (named Walsh) in full, to the loss of the other creditors j and that judgment had been obtained in. the Kesident Magistrate's Court against debtor last week by a creditor for tbe amount of LSO 14s 9d, to which creditor debtor had offered 5s iv tha Ll. Counsel therefore as>ked that the said deed should be declared an act of bankruptcy. — His Honor asked if counsel wouid not take an order for the examination of debtor ? The latter was entitled to time. — Mr Mouat said perhaps the Judgment creditor might be allowed to realise execution. There was another petition, which averred, amongst other things, tbat debtor had had large business transactions lately, had discounted bills, and been in possession of money ; also that it was believed he had property and furniture, part of which he had secreted, for a fraudulent purpose, and that debtor's statement of liabilities to his sons was supieious, oue of them being a boy serviny in hia shop. — His Honor : Certainly fathers do not often owe money to their sons ; it is more often the otber way. An order will be granted for the examination of debtor, notice to be given tbe Utter, and then the creditors can apply to have the deed declared an act of bankruptcy. Re Andrew <~\arr. — 4ppHcation for discharge. Mr Mouat appeared in support ; •IrE, Cook opposed and examined bankrupt, who gave the following evideni c : — I am a bootmaker, and in December last I started business for myself at Kaitang Ua. I had some Ll4 in cash (i made a mistake to the Trustee about this, and wish to rectify it), and 1 owed almost as much money as 1 had. Mr M 1 Donald put up a house for me, and I took it on a seven years' lease, at 10a per week. I am not thoroughly certain if 1 put the lease in my sworn schedule. Mr M 'Donald was a storekeeper, and was to supply me with goods to nell on commission, but he broke through the agreement. At the time of filing 1 owed him LlO2. — T-tis Honor : I see that your whole debts amount to only L 125. — Witness : He stopped my supplies because I could not pay him ; so I bought some stuff in town, and from my father-in-law at Balclutha. I paid for them by getting in a few of my book debts. I keep an account-book, but did not show it to the trustee. I did not offer to buy M' Donald's house since he stopped supplying me. My wife may haA r e offered co, bufc it was unkßown to me if she did, lamon my oath, I know, and if she did offer it was without my quthority. M 'Donald once said he would sell it to me for LIBO. I did not file my schedule before, because I wanted to hang on and try and pay everybody. — Mr Mouat examined bankrupt briefly, and Mr Cook then submitted that bankrupt was not entitled to his discharge. — His Honor thought he could not consider bankrupt had been guilty of reckless trading ; still the fact of the lease existing should have been disclosed. However, the case scarcely called for the suspension of bankrupt's discharge, and a first order would be granted. He Charles Alexander Martin. — Bankrupt's final examination was fixed for October 19. ___________