DISTRICT COURT, HAMILTON

Waikato Times, Volume XVII, Issue 1477, 20 December 1881, Page 2

DISTRICT COURT, HAMILTON

Yesterday.— [Before His Honor District Judge Macdonald.]

In Bankruptcy. In re F. 0. Benclall.— Mr O'Neill, for Mr Beale, applied for an order of discharge. — Granted In re "Frank Barker. — Mr Hay applied for an order of discharge.— Granted. In re Francis Crawford. — Mr, O'Neill appeared for the bankrupt, and made application for a final order of discharge. Mr Hay appeared for certain of the creditors to oppose the application. — The debtor was put in the box and crossexamined by Mr Hay at some length. He said he had entered into an action at the Supreme Court in Auckland in July last, at which time he did not think he was solvent. After the case was over, ■he sold his house and acre in Hamilton East to Mr McCormick, his solicitor, for £80, on the understanding that he (Air McCormick) paid the amount owing to /the Building Society, and remunerated his witnesses in the action referred to. This was done. It did not -occur to him that his witnesses stood towards" him in the same relation as his other creditors.— Mr Hay contended that the baukrapb in paying his lawyer and witnesses ' when he was not solvent, and within threa months of his bankruptcy committed an act of fraudulent 'preferanee— Mr O'Neill considered that the debtor was fully justified in entering an action in the Supreme Court to maintain the fair fame of his daughter, and wtis led into paying his solicitor and witnesses through ignorance — His Honor, ' admitted thai _' the debtor was justified in Roing to law, but be had no right' to prefer certain of his creditors to 'others. He asked Mr Hay what course it was proposed to pursue with regard to the property sold — Mr Hay said & meeting of, the^oreditors would be held te determine that point— His Honor said lie would adjourn the application till next court . day to see what was donq la tty meantime.

:: . „ qiyil r ,Oase. " . I J. Martin v&.'Ru'ge. Claim £51 12s, amount of 'principal' and 'interest owing on moftg^ge^^JSCfiHayclflt 1 plantiff Defendant,did..hot; appear. Judgment for amount anckc<3sta, 3 '£a 12s. - The court then *»djgarned till 10 o'clock 'this mormngr* When several important oases drVWd(JwM;Ma-rin'g. ' *

-« Th? Uou-is.gewJraUy - regarded aa .the kipgof called the ox|hel),qs.