BANKRUPTCY EXAMINATION.

Hawera Star, Volume XLVI, 26 July 1927, Page 6

BANKRUPTCY EXAMINATION.

SWISS FARMER AND WIFE.

LENGTHY PROCEEDINGS

At the meeting of creditors in the estate of EniiL Schicker, a Swiss farmer, of Kaupokonui, on J une 24, an adjournment was made to allow of the examination of bankrupt’s wife. This was proceeded, with yesterday, when for four hours the wife and bankrupt faced a continual volley of questions from respective counsel. Evidence was given by the medium of an interpreter.

The Deputy Official Assignee (Mr. R. S. Sage) presided, and there were also present, in addition to bankrupt and his wife, Messrs. B. McCarthy (for bankrupt), A. G. Bennett and J. W. Snowdon (on behalf of the Manaia Building and Investment Company). Bertha Schicker stated that she had been marreid to bankrupt for 23 years, and had been m New Zealand during that period. In the first year, with her husband, sue had worked for Dir. Sckreiber and Mr. Glassfort, and had received payments of £2 per week and at times amounting to £4 per week. After that season she and .her husband had worked for Charles Schicker on the Palmer Road, where she received an average of 30s per week. After one season tfiev had worked for Mr. Riddell on the Sheet Road, and she had received 30s a week and an additional amount of 5s per week for special duties., After three seasons she and her husband had worked for one season for Mr. Romhild, when she received a similar amount, and later with her husband and brother she had worked for Dir. Rutherford at Pungarehu, and received a similar amount. She had been kept during this period. After leaving Rutherford’s employ her husband had bought a farm at Inaha in 1912 At that time she had £550, some of which for a while was lent out and the remainder kept in the house, At Inaha the milking was done by hand for about five years. None of Mrs Sollicker’s money was spent on the land, but about £320 was paid by her for implements, which were regarded as lie longing to her. A milkmg machine plant had been jointly purchased by bankrupt and his wife, and this was additional to the £320. OPERATIONS AT KAUPOKONUI. The Inaha farm was sold in 1920 and a farm was bought at Kaupokonui. All the implements with the exception of the milking machine were taken to his farm. Dlrs. Schicker paid £l4O towards the purchase of a ipilking plant at this farm. The plant had to be considerably renewed.. While on this farm bankrupt received monthly allowances from tne Dlanaia Building Co. for the first three years, and after that Dlrs. Schicker had received the allowance. Tier husband’s bank accoiiut had then been closed. She had been pushed for money, and she liad assigned her belongings (the implements from the farm) as security for the money she borrowed. The Building Company’s monthly allowance was £lO at first,' and this amount was continued to December 1924, when it was increased to £2O until October, 1925. It was then increased to £25. Dlrs. Schicker opened her bank account with £4O 10s. and £95 was transferred from her husbhnd’s account. Varying sums from her own savings were paid into the account during the succeeding three years. The car had been bought in DJay, 1926, out of amounts paid into her bank account, details of the payments being given. Cross-examined by Dir. Bennett. Mrs. Schicker said she had very little monev when she was first married.

When working for Dir. Schreiber the latter hacl been ill tor about three months, during whieii period witness jiad received £4 per week. At this time her husband was receiving £1 los per week. \\ hen the in alia farm Had oeen bought Dlrs. Schicker had not put any money into the land. When ner husband liad bought the farm under a compulsory purchase clause in 1918, he had £3'oo in cash. While on tne farm she had received no wages, but her husband had at times given her money. She had borrowed £IOO from each' of her brothers, A. and O. Kalem, for one amount of which she gave a bill of sale. She had had the bank account transferred to herself, as silo did not want to have to ask her husband for money. The reason for the transfer of the account 18 months before the bill of sale being given was that she had known during that time that she would require to borrow £209. She was positive that the transfer had not been made with a view to her securing the profits on the farm. Since 1923 she had received all the money coining from the farm and paid all the accounts. 'Dir. Bennett: Is it not a fact that you and your husband have been partners ever since you first commenced working?—No. The witness stated that she had paid for the pigs, pedigree bulls, etc., and consequently owned them. She did not pay actual grazing for the am, malls.

Dir. Bennett referred to the apparent discrepancy which was caused by the fact that while Mrs. Schicker ha only £2BO in hand, a total of £426 had been paid out for the oar. In response to further questions by Dir. Bennett, the witness admitted that she had a Post Otlice Savings Savings Bank account. The account book, Dir. McCarthy intimated, would be produced. Alexander Kailem, a farmer, resident at Puniho, and a brother of Mrs. Sollicker, stated that with ba'nkrupt he hud. been share-mill king at iPungarehu. Bankrupt and witness had been oil equal shares. Dirs. Schicker had been paid £1 10s 'a week lor keeping house. This was the share lor witness and his employee. Mrs. Schicker had money of her own hetore going to live at Inaha. Carl Schicker, a resident of Kapuni, a brother of bankrupt, stated that he had been sharemilking with his brother on equal shares at the Palmer and Skeet Roads for several yeans. Dins. Sollicker hud been paid an amount ol 30s per week for keeping house- The witness understood Dins. Schicker hud u good deal of money in her personal account. To the D.0.A., witness explained that he and bis brother had divided tlie cost of food, and above that each had paid Dins. Schicker 15s per week. Uro-rS-e xam i lie d by Dir. Bennett, witness considered that Dirs. Sollicker had £2OO or £3OO when she went to the Juaha farm. Bankrupt was further cross-exam-ined by Dir. Bennett. He stated that he had given the horses to his wife many years ago. Mrs. Schicker bad given some money in payment for these. She had had the horses all the time- Dirs. Schicker had owned the pigs for a number of years. The witness detailed a number of chattels which; be had bought while on the Inaha and Kaupokonui farms with money obtained from Dins. Schicker. She had had more money than witness when lie started on the Inaha farm. She had paid £2OO for the repairs of the Kaupokonui house and £3OO on account of illness in the family. About £6O or £7O had been expended on implements while on the Inaha farm. From the very commencement Dirs. Schicker had paid all the accounts, and this was the reason for the bank account being transferred.

THE WIFE’S FINANCES. Examined by Mr. McCarthy, bankrupt said lie thought his wife had more than £SOO when they went to lnaha. Some was lent out previously, but was repaid (about that time. About £6O was spent oil implements then. A milking plant was bought after several years, and for this Airs. Sollicker made all the payments, which totalled about £l5O. She owned everything on the farm with the exception of the cows. The milking plant was sold with the farm. When the bill of sale was given to the Manaia Building Co., the cows only were included. Bankrupt did not give security over the implements, las they belonged to Airs. Sollicker. A milking plant for the Kaupokonui farm was bought from one Tapp for £l4O by Airs. Schicker. The statement that he- bad given the machines to his wife was not correct and would not have been made bad be had an interpreter. He had transferred his bank account to hi® wife as she always received the money and paid the accounts. At no time had he or his. wife been partners in business. To further questions by Air. Bennett, bankrupt admitted that he had registered a lease of the chattels from his wife in order that she would get something out of the estate-