IN BANKRUPTCY.

Feilding Star, Volume V, Issue 1353, 29 November 1910, Page 4

IN BANKRUPTCY.

JAMES A. SMYTH (BULLS) EXAMINED. 'A meeting of creditors in the above estate was held in the Courthouse yesterday afternoon, the D.O.A. (Mr G. J. Scott) in the chair. There wore present: Messrs Ongley, Murphy, Gillespie, Graham (representing various creditors), Ewen McGregor, and J. H. Gibhs. In the course of examination, the D.O.A. asked the debtor why he borrowed a sum of £4 and paid it over to a creditor; and bankrupt said he was not aware ho was doing, wrong. In. reply to a query as to whether ho told Mr Dow lies the security on a p.n. for £300 was his own property, Hmyth said he did not remember saying go, Imt he thought Downes understood the property belonged to his brother. He also stated to Mr Murphy that after a visit to liis brother's farm, he made out a list of the chattels from memory. His brother agreed to the mortgage. Mr Murphy asked bankrupt if a debt of £7 lor jewellery was contracted after he received his bankruptcy papers. The jeweller's account was dated July, 1910, . but -debtor could not remember whether it was July of this year or last year. In reply to Mr Gillespie, bankrupt said lie asked Prior and Gillespie to pay creditors pro rata with monies in hand. Mr Gillespie then wanted to know why bankrupt denied on oath in the Supreme Court in Palmerston that he even suggested to the solicitors to pay out pro rata. But bankrupt vouchsafed no answer. Mr McGregor examined debtor at length in reference to the partnership of Smyth Bros. Smyth denied there was a partnership, or that he ever said there was. Mr McGregor then asked what would debtor say if he proved there was a partnership? — Debtor said he did r.ot think there was ever a partnership. As the creditor always saw them together, they may have looked like partners. Mr McGregor said ho was quite prepared to take as or nothing in the a-, so long as everything was fixed up .cleanly. Mr Scott questioned Smyth as to his financial position two years ago, but could not get much satisfaction, excepting the statement that it was better than it was now. _ The D.O.A. stated, in answer to Mr Giliespie, that bankrupt did not keep a single book. The creditors' claims rso far in the D.O.A.'s hands total £700 2s 7d. It was elicited from bankrupt that Mr Downes informed him that mprning he would honour the p.n. for £300. This sum was in addition to a security of £150 provided by his brother. Mr Murphy could not recall to Smyth's memory a statement made about a sum of £20, which he said lie had in hand. He thought lie told the former that it was as good as in hand, being money owing to him. by Scott and Jones as commission on the sale of a farm. The meeting was adjourned sine die.