R.M. COURT.

Wairarapa Daily Times, Volume VIII, Issue 2475, 13 December 1886, Page 2

R.M. COURT.

MASTERTON.-THIS DAY. (Before Mr Von Siormer, R.M.) Patrick Cookery v William Neill,— Debt £IOO. Mr Skipper for plaintiff and Mr Board for defendant, Mr Skipper, in opening tho case, Btated that the plaintiff and defendant were partners, carrying on business as livery etablo koopors. The plaintiff sold certain stock comprising horses, harness, .etc., to Dixon and Jaques, who were not in position to meet their engagements, so that plaintiff re-took posessiori of them, under his bill of sale, He then Bold out to dofendant. Very shortly after, his cliont being pressed by creditors, he was forcod to file a declaration of insolvency. Mr Noill then came forward and offered to pay creditors in full, The bankruptcy was annulled, all claims being paid up by Neill. Plaintiff then applied to Neill for £IOO, being the balance of the purchaso of the plant, : .' J, J, Proeth called refused to show that the bankruptcy had been annulled, as the necessary fees had not been paid, The difficulty was got over by the plaintiff paying up the foes and. the necessary proof being given, P. Cockery deposed that when he dissolved partnership with Neill he took over the plant, and subsequently disposed of it to Messrs Jaquea and Dixon. The lattor paid him £2OO and he took a bill of sale to secure the balance. He took possession of the plant under the bill of sale and sold it to Neill for £4OO. Neill was'to pay more than this amount, but the exact amount was not settled, the arrangement being that if Cookery gave time, Neill would give him fair value for the plant. Witness was afterwards pre-

sod by Muir and Dixon and was rbligcd to file a declaration of insolvency. At a meeting of his creditors Mr Neill offered to pay 20s in the £ to the creditors of witness. This offer being 1 accepted, an 1.0. U. for £ll2 was given by Neill to witness. He considered it was given as the balance of the money owing to' him on the plant, Mr Beard submitted that all accounts were included in the statement filed by plaintiff in tho Bankruptcy Court/ Mr Skipper contended that the agreement for tho 1.0.U.. was outside the 'statement filed, The Court nonsuited the plaintiff on the ground that all his debts were vested in the Official Assignee when he filed his declaration of insolvency.