District Court.

Wairarapa Daily Times, Volume X, Issue 3276, 7 August 1889, Page 2

District Court.

MASTERTON-WEDNEBDAY, (Before His Honor District Judge Robinson). Bankruptcy Business. Official Assignee v. Ease King. Application for an order compelling the defedant-wife of Edwin King, a bpnkrupt-to deliver up a black horse,

Mr Bunny for plaintiff, jnj Mr Beard for defendant, The Court remarked that the evidence by Rose King was to the effect that she left the property in the hands of her husband for his use, and at the time of the husband's bankruptcy tho horse was in bis possession. He would therefore order lliat the horse be delivered up, or in default that its value, estimated at £ls, be paid to the Official Assignee. The Act provided that the wife, if she thought proper, could rank as a creditor. The defendant was also ordered to pay the coats pf the motion, amounting to £d 19s, . On the application of Mr Beard, who gave notice of appeal, execution was stayed for seven days, Official Assignee v, W. H. Wiltqn,, Mr Bunny for plaintiff, Mr Beard for defendant This was a claim against Wilton to show cause why lie should not deliver up chattels, stock, goods, or effect obtained from one Robert Hooker.

His Worship found that Wilton was holder of an unregistered bill of sale over certain property of King and Buckeridge. The relation of tho firm to the bill of sale was of very old standing, and had gone through several hands, Tho transfer was made on September 20, and the money paid over on January Bth. On the 14th January Wilton took possession find 'retained it up to the present jtime. He had leased the premises, and been suffered to take possession of the business, the wholo thing lapsing to him in an informal way. He had no. doubt if those chattels had 'jeen in the possession of King at-the time of his bankruptcy tho Official Assign eo could have claimed tho goods,/,. That King remained on' the premises, and in some way in Wilton's service was a suspicious circumstance, buthecould not hold there, was a concurrent possesion with King, He had to hold that Wilton had acquired possession by 16th January, and that King was not bankrupt till the 9th February, three weeks later. Ho was at first inclined to think King bad given Wilton a fraudulent preference as a creditor,—but it seemed to him Wilton had paid the money and ohtaiuod possession of the goods before tin bankruptcy, and so withdrawn possession from the bankrupt. There was a question how far the official assignee had a right to follow the goods of King and Buckeridge, but he was not giving his decision on that point. He held that the motion had failed apd he refused to make the order to deliver up the goods applied for, Mr Bunny gave notice'of appeal. The deed upon which Wilton acted was in the nature of a mortgage, and Bis Honor had not ruled upon that, His Honor pointed pi}t thaj the motion only asked that the property should be handed (jyep.

Mr Banny sau] the ruling of the court upon the document was an essential point. He held the security was given to Hooker on which be had advanced certain monies, and Wilton

stood exactly in- Hooker's position when ho took it over,

The Court said the plaint only contained a request that an order be made to deliver up certain property, and on that he had given judgment, taking for his guide a certain case decided in a former Court. If upon any grounds counsel could show cause why such order should be made, ho was perfectly right to appeal. It was a very important point, however, how far the Official Assignee of one bankrupt partner is able to follow the effects of the firm. He should rule, if necessary for a case of appeal that the Official Assignee had not such power. The plaintiff was ordered to pay the costs, the amount of which was left over to be discussed in Chambors, (Loft Sitting).