SOLD UP.

Auckland Star, Volume LIV, Issue 270, 12 November 1923, Page 9

SOLD UP.

STOREKEEPER WHO FAILED. BRINGS CLAIM FOR WAGES. ALLEGES STOCK WAS SLAUGHTERED. What was described as a novel action was heard at the Supreme Court this morning before Mr. Justice Stringer and a jury, when Meere Frederick Deen, an Indian, of Dargaville, whose business had been assigned, and subsequently sold up by his creditors, proceeded against Hugh Lloyd, law clerk of DaTgaville, as trustee for -the creditors, tha sum of £413 being claimed as wages allegedly due. The sum of £750 was also claimed for in respect of a surplus which, he alleged, would have accrued had the sale of his stock not been conducted on improper lines. Mr. Dickson appeared for plaintiff, and Mr. Richmond represented defendant. After five year 3in business as a draper at Dargaville plaintiff became financially involved, said Mr. Dickson. His creditors induced, him to sign a deed of assignment, Mr. Lloyd being appointed trustee. Plaintiff was then permitted to carry on, the understanding being that, if he could clear himself of his creditors he would retain the business for himself. On December Bth, 1922, he was informed that the business would be sold up, and the sale commenced on December 16th. Plaintiff alleged that the goods were simply slaughtered. During the 59 weeks, from the execution of the .deed of assignment to the date of the sale, he lived in the most inexpensive style, and paid his creditors o/ in the t. He claimed that his services during that time were -north £7 per week. Plaintiff gave evidence on these lines. "My stock was thrown away at the auction," he declared, instancing the "gift" of a five-garment trousseau which cost £14 10/.wholesale being disposed of for £4 10/. Defendant himself had bought over £100 worth of goods for £30. "Sir, I was determined' to pay my creditors and didn't want to spend a single penny," said plaintiff under crossexamination, in stating that he lived on milk, bread and butter and smoked fish. He admitted that the creditor- had paid 10/ a week for 59 weeks for his child in an Auckland orphanage. In order to raise money lie had sold -60 worth of bottles. Mr. Richmond stated that it had cost £6 a week in overhead expenses to keep the shop open, and the average takings from tbe business, including the sale of •bottles and fish, were £14 weekly. His Honor remarked that, on. the •figures before him, it seemed that the business i\as losing £3 a week. To sell goods showing a profit of £4 10/ it was coating £7 10/. (Proceeding.)