MEETING OF CREDITORS.

Evening Post, Volume XXII, Issue 3, 1 July 1881, Page 2

MEETING OF CREDITORS.

? CALLING A TRUSTEE TO ACCOUNT. At the Supremo Court yesterday afternoon, a meeting of creditors took place in the assigned estate of Ann and_ 1 homas Mullens, formerly carrying 1 on business in the Hutt District as storekeepers, under the style of Mullens and Son. The meeting was he-Id pursuant to an order made by his Honor Mr. Justice Richmond (by consent), calling upon the creditors' trustee (Mr. Archibald Paisley Stuart) to convene a meeting forthwith, and to present to such meeting a detailed statement of all moneys that have come into his hands as trustee on account of the estate, and also a detailed statement of disbursements. It was further ordered that the expenses incidental to the order be paid by the trustee out of the money now in his hands belonging to the estate. Mr. J. H. Wallace presided. Mr. Stafford was present on behalf of the creditors, and Mr. Brandon, jnn., attended to represent the trustee, who, however, absented himself from the meeting on the plea of ill health. The circumstances which led to the order being made having been explained, Mr. J. E. Nathan considered it very strange indeed that Mr. Stuart had. not thought fit to attend.- Condemnable before, his conduct was now doubly so. (Hear, hear.) Mr. Stuart was well enough to be able to walk about the streets that morning. This kind of treatment was exceedingly discourteous, especially in face of the fact that Mr. Stuart had received nearly .£SOO out of tho e3tato b^ way of commission. Mr. T. K. Macdonald here arose, and said he was present to apologise for Mr. Stuart's absence and to submit the statement asked for. He produced the statement, which showed tho total receipts to be .£9732 53 Id, disbursements .£4279 9s 9d (including .£486 12s 3d for a trustee's commission), leaving a balance for distribution of .£5452 153 lid. Ken lying to Mr. Nathan, Mr. Macdonald said the statement did not contain the dates of every item. Mr. Nathan thereupon submitted that it was not a detailed statement, and Mr. Brandon interacted .that if the creditors desired it Mr. Stuart would prepare a statement about 50 yards long, fihowmg every 2d postage stamp purchased, and so forth. Mr. Stafford — We don't want the 50 yards' statement. We want *Mr. Stuarb here for the purpose of explaining the one submitted. (Hear, hear.) On the motion of Mr. Nathan, seconded by Mr. Hunt, it was unanimously resolved " that the account of Mr. Stuart doe* not comply with tho order of tho Supreme Court, and that, as he is not present to explain the same, this meeting do adjourn till the 13th piox., and that Mr. Stuart be requested to attend personally at such meeting to givo further details and explanations ; and that a committee, consisting of Me3srs. Nathan, Hunt, and Cleland, be appointed to consider the position of the estate and Mr. Stuart's claim of .£486 12s 3d for commission, and report accordingly." Mr. Hunt remarked that when Mr. Stuart consented to act as trustee in the place of himself and Mr. Young, who demanded 5 per cent for their services, he (Mr. Stuart) promised to perform the work gratuitously, as the creditors thought 5 per cent, an excessive commission in such a large estate. Asked by the Chairman to deliver up the statement iust read, Mr. Macdonald declined to do so on the ground that )t was the only copy Mr. Stuart possessed, having been prepared as far back aa December, 1878." He added, however, that sworn copies would bo at the disposal of any creditor the fol'owing morning. The meeting then adjourned.