DISTRICT COURT.

Wairarapa Age, Volume XXIX, Issue 8370, 1 March 1907, Page 7

DISTRICT COURT.

Judge Haselderi)! /fjs'j i"/ lS ,'C': ''X/j'i"'XKvS , The WaiTarapa District Court was held in Masterton yesterday:" The bulk of the businessr.transacted,^as ( in con?A^aim,vWapj font whom t Mr B. t J.-Dolan r.appgared,- ? | toirecover .Hodginsi the 4 ; v wife of R. J. Hodgins, bankrupt/" certain property alleged to be the pr&perty of "theo bankrupt;; : Mr : C."A.' P<Wrtitfll •ajjf'aai'dd foP Mw-Ho'dgiii^;' t Kis ''mqt;ioh soVe til 3 Court .vUfldP 1 * "sep.tipo .'<l2 suli-seg-of tha. toll' recover • from'. Mrs,. iiodgins .. ~a- J pfcaeton ;a:?d > extra- cover which ,the D:0;A. 'claimed foiv-r-the. benefit:.Qf the;!creditor3'in* tW bankrupt' estate oFE, W H'ddgitis.*' *•'/' 7'' * !! t: T'Willlairf B. : ' \ eHehnelfs? Deputy . vestigatsd. the ; bank^upt'sv r '. : assigned; ' his estates, in April, 1906. Witness was satisfied that'* the bankrupt's assets and bflities were the" same 1 then'as oii the ~'i undeptoQd.;tHat*., ,thb : ; phaetoh.;,was : in thpr,pos3ession H of the on; jthe date he filed. Bankrupt's <wife claimed the'phaeton, also*the harness and horses. ><■?.■■■•.■■■■-> ■■■< *'By, Mt'PoW.Hall:' The; a!sgWierit of ; t;'s estat^' : tQ |ruste6s' was ,,ft was,..',only gyjued by",bankrupt ; himself, ; and sorr\e of ; the oreditors, vi. ■./ .r" : -<■■. -r--•f Mr Pownall stated that three years had elapsed 'since the purchase df the phaeton, and for that reason Mrs Hodgins could not ;: be' -impeached, lender the Sale of Gqods"Act, the.sale oi.|He, article was complete when-sit . was l(l in.. . ~19; 0 3t and ,:Mr,vPownall. contended that,the phaeton was the gift tt> his wife-on "that date. -The fact'of the bankrupt making subsequent-pay-ment for the phaeton had nothing to do with the case. __ He submitted that the motion should"be dismissed. • JTO&riefrHertry Patilirigrmanager of ■' the Mastfertori "Parriier's^'lmplement Company/' said that he . deceived an order Jroiri;'-Mrs Hodgins'to build .a ■ pfoef&n in "August, 1903: T "Witness . saw bankrupt, who said the phaeton for Mrs • HodgiiiSv, s The . phaeton '■ partially paid for. A Bankrupt, in .evidence, said that ; onTNtfvethber f24th, 1903, he caused the Masterton ".Farmers', Implement Company to phaeton to his ' wi£e,,. which ,he . subsequently paid* ; for. When leaving his. house in ' r jWopdyill§ ; --hp i sold ; ,|he, ~ whicjfi .belonged. ,THe- >. were; used to en- •. able the bankrupt to go into the Cen- > tral Hotel. After he had been in the hotel six or seven months he ordered .. iiKfe ■ gvese^;^ : j|is in ; of 'his time the phaeton was paid for he was perfectly solvent,.', and had no demands 1 for any-debts. He had always . treated "the phaeton as a present to his wife. Witness paid income tax i amounting to £8 5s in March, 1905. By Mr Dolan: He could not pro- t duce any books or written statement to show that he was solvent when he made the present of the phaeton to. his wife. His him, except asked him to reduce" the mortgage of £I,OOO on the Central Hotel. Mrs Hodgins gave evidence to the , effect that was a bonafide gift from her husHand to herself. By Mr Dolan: There were certain the phaeton, but ; , witnesj did nofc know who paid for * tTifem. It repaired once by Mr ■ Pauling for the Show. James Henry Pauling, re-called,. stated, that the phaeton ' ■ for the at Ifelr Hodgihs' orders. % The phaeton was at the , Show in the name of the Masterton: JFarmers' Implement Company. His Honor reserved his decision., " j charge of R. J. Hodgins from bank-' ruptcy. for the 4 D.O.A. His-Honor^^^opjnion ( jthat it; ; would be unsatisfactory to go on witih the in face of the investigation being made in connection with the bankruptcy. 1 The application was adjourned un-? til the next sitting of the Court. In connection with the discharge, of . i William- • "Williams" fM rbankrupt cy the 'TCGfAI stated that the bankrupt was absent in the South .. Island, r and his solicitor had not ap«-; * Veare|., W\; v ■ His'Horioi; : adjourned i the appilcation- until next, sitting of the Court on the ground that the bankrupt was, ;r;!jiot present. 1 j'' 1 -v. for the release of the & D.O.A. from the estates of Arthur "Be'dford' and Benjamin, T. Williams were granted, i- „ i; An a appliqatiion-i. \yas '.made by ;Mr Pownall to review or discharge the order of adjudication of the Registrar in the estate of G. C. L. ,J ; ensen. Dolan (instructed by: Mr' J. iCard) appeared for the petitioning ,;',i creditor (E. H.,SaUnders). ■ After hearing considerable legal » > argument," His Honor reserved his • 'decision. ' r .- : . 1 Ijetters of, administrationJiipre: ' granted in the estates of Duncan-; William Mcintosh (Mr S.. R<,Gawith) Hans M. J, Hoffeins (Mr : C.* A. , Pownall, probate was granted in the estate of fThos. Pickett, senr., of Whakataki,