Insolvent Debtors' Court, Jan. 12 1857

(Before Mr Commissioner Phillips)

IN Re Joseph Smith

This Insolvent, who had been a cow-keeper and Cab proprietor at Pimlico, applied to be discharged.

Mr Sargood and Mr Reed opposed for a creditor named Burgar. Mr Dowse supported.

It appeared from the insolvent's examination that, having had an action brought against him by the opposing creditor for trespass, he set about disposing of all his property and paying away all the proceeds. The action was tried on the 4^th November last when a verdict was given for the plaintiff with £10 damages and the costs had been taxed at £30 15s. Upon the 3rd of November the insolvent received £2O0, the  balance of the purchase money for his property, and after the judgment had been signed he paid away no less than £150 to various creditors. The insolvent admitted that he had intended to prevent Mr. Burgar from obtaining any benefit from his verdict, as he conceived the action to have been an unjust one.

Mr. SARGOOD put the case as one of making away with Property, but

Mr Dowse contended that such a complaint could not be established. The money had all been paid to persons who had supplied or done work in the course of the insolvents business. He also submitted upon the authority of a case recently decided by the learned Commissioner, that the opposing creditor's debt did not exist until the judgment had been signed, and therefore he could not complain of transactions which took place before that period

Mr. Commissioner Phillips said, he should not treat the case as one of making away with property, but it was certainly one for the application of the power conferred by the discretionary clause. The insolvent had admitted that he sought, by anticipation to defeat the opposing  creditors execution, and the Court could not, by passing over in silence such a statement sanction a proceeding so unjust to the creditor. The insolvent would be discharged after the lapse of six months from the date of the vesting order.