PAHIATUA CASE.

Wairarapa Age, Volume XXXII, Issue 10067, 15 August 1910, Page 5

PAHIATUA CASE.

ALLEGED PREFERENCE,

An appeal on a bankruptcy matter was heard by Mr f Justice Cooper, in Banco, on Ftiday Ust. The appelant r w»3 theDepafcy-Official Assignee in the bankruptcy estate of Fraok Leslie Fulcher,, and the respondent wasr the firm of Abraham and Williams, Ltd., stock areata, and ayctioneera. Poicher,. » deafer in live stock, residing at P'ahiiabua,. waa adjudged bankrupt" m the- I>istr?ct Court'at that place on August 27cb, 1908. The Deputy Oflical Aesignee applied V 3 the Diistriat Court for an order dedkring all the payments alleged to have been by.or on beba'f lof the bankrupt to the respondent I fit'm within three months before his I bankruptcy to be fraudulent preferi erues within the meaning of section j79 of ;the Bankruptcy Act, and thetvtore void. Tne Assignee alleged that two- of these payments were made after Abraham and Williams tt-new of Hie-bankruptcy. This application was heard at Pahiajtua on February, Mth*, 19J09, and the District Judge, Mr VV. K. Haselden, found that tl3< the payments were made to the respondent firm without any knowledge on its rart that Fulcher was insolvent, ar.d without intention on the part of the bankrupt to give a preference. J

Appeali was made against this decision on the ground tftat it • was .'wrong,..in.taw*.- ■ .:• ■■•■;-■■.'• -./.'-,.."■;' . .' The case was argued on.Friday by T Mr C. K Sksowfi'u K.C., 'aftd-Mr D. K. Logan, for the appellant arjd Mr M.. Myers and Mr Harold Smith, Pahiatua, for the respondent.

His Honor- reserved his decrsien.