A BANKRUPT ESTATE.

Wairarapa Age, Volume XXV, Issue 10713, 2 December 1913, Page 5

A BANKRUPT ESTATE.

AX IMPORTANT ACTION.

(By Telegraph—Preti Attociation)/ CHRISTCHURCH, Last Night.

An important action %as commenced, at the Supreme Court'to-day, before Mr Justice Denniston, arising out of the bankrujjpcy /of Water SJrtfw,. solicitor, ~of Timaru. The case was one between the Official Assignee in bankruptcy - of the property of -Walter' Sliawj and the Timaru- Property, Company, Ltd., carrying on business as a land and investment company. Mr Myers, of Wellington, with him Mr Kinneirney and Mr Weston* appeared for the plaintiff, and Mr Skerrett, K.C., with him Mr Gassidy, for the defendants except one. The case was one -in which it was alleged that the company in December ,last. had, taken. oyer a large amount of ~ property from 'Walter 'Shaw, who filed 1 in (the following April. The Assignee's, .action was, taken with a view..to securing the property for the The plaintiff >claimed , (1) That: 'the agreement and, transfer • and; all 'related aocuments should be adiudgert void, or be set a side against him. more particularly under the rules of equity and the law of bankruptcy, on such- conditions as the Court should deem just; (2) that account should be taken of all moneys received by the defendants or any of them in respect of.the sales of other dispositions or rents and profits comprised in the agreement of December 21et, 1912, and that the amount found due should be adjudged to be paid by the plaintiff, less all just allowances; (3) alternatively that defendants or such of them as should be fouad liable should be adjudged the p*uritiff in such damage as lie might on inquiry be shown to have sustained; (4) that accounts should be taken of all moneys owing by the- defendant- SKmnefc Trevurza to Walter Shaw at .the,dateof the bankruptcy,*fhat the amount" found due should be adjudged, to- be a charge on lines, comprised in an agreement that the land should be sold subject to all prior charges to be required; and that Samuel Trevurza should be adjudged to pay the balance if any to the plaintiff. MiMyers' address, in opening, lasted from 10.30 a.m. till 2.20 p.m. The evidence of Walter Shaw was then taken. The witness was still under examination when the Court adjourn-v ed for the day.