DISTRICT COURT.

Wairarapa Daily Times, Volume VII, Issue 2102, 23 September 1885, Page 2

DISTRICT COURT.

MASTERTON—THIS DAY.

(Before His Honor District Judge Davy.)

Greathead v. Standen and Bright,

On the application of Mr Skipper, who appeared for plaintiff, the name of Emma Standen was struck out, and the case adjourned to the December sittings. . Ofeicial Assignee v, Hawkings,

This was an action to recover certain property alleged to belong to the bankrupt estate of 6. Bowles. Mr Bunny for the plaintiff, and Mr W. FitzGerald for defendant.

On the jury.being called, Mr FitzGerald raised an objection on the ground that not sufficient notice of the demand for a jury had been given. Mr Bunny submitted that the Official Assignee had followed the usual course to obtain a jury. The objection was over-ruled. The following were sworn a juryß, M. Galloway, J. C. Ingram, T. Jago, and J. W. Lang. Mv Bunny applied to amend a clerical error in the summons... The number of of sheep should be 207 in place of 107. Mr FitzGerald did not object, and the summons was amended accordingly. Mr Buniiy, in opening the case, stated that the action was brought to recover certain properties in the hands of defendant which were claimed by; the Official Assignee, on behalf of the creditors in the estate of George Bowles. The claim was for 207 sheep, or their value, £lO3 10s, and a mare and trap, or their value £SO, being £15310s in all. The sheep and mare and trap had been , handed over to defendant only a few weeks before the bankruptcy occurred. George Bowles deposed that he was a butcher residing at Carterton, and on the 15th July last filed a declaration of insolvency. He knew the defendant, who was -his brother-in-law. He delivered 207 sheep or thereabouts to'him in June.last. Mr Hawkings took the Bheep away under an arrangement previously made. They were given for two accommodation bills of L3O each, which became due in March and April last. The sheep were culls, and he valued them at about 5s 6d per head. He had agreed to deliver them in case tho bills were not met. The promise was made in November last. He handed to defendant a trap and mare about the middle of May. Ho sent aad got them away, having bought them about October or ftovembor, when he paid for them. He was on good terms with defendant, but he did not know anything of his business affairs. They had other business transactions. He sold ahorse, trap, and harness to him in October for £47 10s, for which he received cash. He had been carrying on business in Carterton close upon seven years, and in February last ho found he was getting backwards in his business. He had plenty oil his books, but he could not get it in, He thought the statement made at his examination in July " that lie was gradually going to the bad" for eight or nine months was quite correct, but still he was able to meet his bills. When he handed over the sheep, horse, trap and harness to Mr Hawkings he had other property, such as the working gear of tho shop, beef and mutton in the paddocks, and his book debts, That was all he had then, He had also a section of 100 acres of land valued at £750. He had not disposed of the land, but it had been brought under the Transfer Act since, subject to a mortgage of £2OO to Mr Ollivier, and he directed the title to be issued in the name o£ his wife, which had been done, Mr Hawkings was not aware of the transaction that he knew of, but he knew' that the furniture and effects had been made over, to his wife. There was no doubt he afterwards told him what he had done with the laud. Mr Hawkings met the billsas they matured, The bank-book showed the amounts had been paid in by Mr Hawkings, His creditors began to press him in" March and he kept them quiet by telling them that lie intended selling the land, and would pay them out of the land. In fact he had sold the land, and .when he went tn get the title, another claimant cropped up named Pat Cockery, who was registered for ten acres, and prevented his completing the sale. He had concluded a sale at £7OO, Cockery was not able to make his claim good. His wife had., been receiving the rents from the property, £4O a year. He kept getting deeper into the mud whilst ha was "living in hopes" of getting in his debts! Mr Skipper notified that he was Solicitor to, protect the interests of Mr Bowles, and Mr Bunny appeared to be travelling out of the business before the Court, and questioning the witness on his bankruptcy business. His Honor said it was only a simple .question the Court had asked, and that was, what was the amount of, the bankrupt's indebtedness at the time of his bankruptcy 1

Cross-examined by Mr Fitzgerald: He had no reason to suppose he would become insolvent in October, when the transaction took place with Hawkins. He wanted cash, and Hawkins was willing to buy the horse, trap, and harness, which he did for L4V 10a, and Hawkins left the horse and cart with him to use, and did

not ask 'for it till the following April, In. Ootober ho had Jsome engagements falling due, and got bills from Mr Hawkings to meet them, agreeing to sell him cheep. The Bheep were left in fleroock's paddocks, and branded with Hawkingß' brand, There was a delay'in sending the sheep to Hawkings; because lie was .not ready with his fences, and they kept him three or four weeks waiting for a certificate before removal. At the time the land was brought under the transfer'there was L4OO on mortgage, and a further oneofL3Gs to his wife's Trustee, and after deducting these amounts therland was of no value to the estate.

Re-examined by Mr Bunny: He received the money in 1879, for which he gave the mortgage to.his wife's Trustee in March last.

(hft Sitting.