THE BANKRUPT BREWERS.

New Zealand Herald, Volume XXV, Issue 9110, 19 July 1888, Page 6

THE BANKRUPT BREWERS.

W. J. SUITER & CO.'S INSOLVENCY.

A CATEGORICAL EXAMINATION.

SOME DETAILS OF THE DEBTORS'

/ BUSINESS. A MEETING in the joint estate of W. J. Suiter and Co. was held at the office of the Official Assignee yesterday morning. Mr. Lawson presided, and the debtors and several creditors were present. Dr. McArthur appeared for Hancock and Sutton, Mr. James Russell for the Colonial Bank, and Mr. T. Cotter for the debtors.

The Chairman said that since they last met some action had been taken by the Customs, which necessitated the use of the debtor's books, and therefore they were not very much nearer having the information promised.

After some discussion, Dr. McArthur proceeded to examine Mr. Suiter, who said that Mr. Protheroe joined him in May, 1886. Dr. McArthur : " I have examined your cash-book, and find that on May 31st, you had a debit balance of £275 6s 5d ; and on July 31st you were in credit £16 2s 9d. Within that time you received £1600 from Mr. Protheroe. Can you account for this large sum, £1200, disappearing in the two months of June and July?" Mr. Suiter : " It's all in the cash-book." The cash-books were examined, and Mr. Suiter said that on May 31st there was a balance owing to the bank of £70 7s sd. The examination proceeded, as follows — 1 . Dr. McArthur : "On May 31st did you not receive £200 from Mr. Protheroe ?" Mr. Suiter : " Yes," " On June 4, did you not get another £100?" " Yes." " And on June 16, did you receive £200?" " That's so marked —it's in the book at all events."

v "On June 17th you received £200?" "Yea. ' " Did you receive another £200 on July 16th?"

"Yes." , / V>: "On July 17 there were some refunds, making about another £100. which you received from Mr. Protheroe ? ' "Yes." •

" Altogether there's a total of £1500 from May 31 to July 17. Having got that money into the business, what is your Balance on July 31?" • " A credit balance of £16 2s 9d." >' v " What has been done with the £1200?" "It's been absorbed in. the business. I notice one sum in the brewery account for a share in the brewery business. . ( " Why was it necessary that so large a sum should be placed in the business during those two months ?"

" The cash-books show everything. Nothing is concealed." ' Is it not a fact that when Mr. Protheroe joined you you were virtually insolvent?" " !No ; it is not a fact. It was a most successful business; the sales were £1000 a month. Two or three business men complimented us on the success of our business. _" Now, you have said that you would not give £25 for the stock in the bottling department. Was not that stock insured for £700 "I cannot tell you what it is insured for. I don't know."'

Witness answered some questions respecting the meeting of his creditors, at which he offered 10s in the £1, and said he was not at liberty to state who was to supply this money. Mr. Cotter said he did not think this was a question that the debtor should answer, and it was not persisted with. Mr. Suiter said Mr. Protheroe had a friend who offered to supply the money, and he (Mr. Suiter) did not know of a condition that the money was to be given to Mr. Protheroe provided the latter did, not continue in the business with Mr. Suiter. He (witness) offered, in fact, to pay 15s in the £1. ' Dr. McArthur : ■ " Can you make any offer now?"

>Mr. Suiter: "Yes," I can make an offer now."

" What will the offer be ?" " Well, circumstances are different now; the place has been shut up, and the business : ruined. lam prepared to make an offer before the meeting closes if you accept it. If I make you an offer of 2s 6d in the £1 cash, you will accept it." n " I don't think we will." " '

- In reply to further questions, Mr. Suiter stated that no formal demand for possession i of the brewery was made by Sutton and Co. upon the bill of sale. Dr. McArthur : " You remember the evening of June 11. . Did you assault the bailiff on that evening?" Mr. Suiter: 'No •he assaulted me." " Did you carry off any of the books of the brewery " No; I took away private books from my private house ?" " Did not the assault arise from that ?" "I was taking away the books when he seized me, and prevented me from doing so." "Was not the buggy, and horse and harness, taken away ; from the brewery that night, or the night after ?" " Not that I know of."

"Now, Mr. Suiter, be carefuL Was not the buggy taken away ?" " Some time during the day." "Was not the horse and buggy removed with your consent ?" "Naturally. It was the property of another man."

" Was there not a large quantity of beer taken away from the brewery early on the morning of the 12th of June ? " Yes, some was taken to the Bricklayers' Arms Hotel and some to Mr. Bailey in part payment for some beer which we got from him."

" Did you not have the bailiff locked up then ?"

" Yes, I had him locked up. He went asleep and left the door open, and I was afraid he might catch cold." " Where was the rest of the beer taken?" " To the Carlton Club Hotel."

" Was not some taken to the New Zealand Bottling Company ?" Yes; I told you of that. We had to purchase some beer because we could not sell our own, and we took up 25 casks in part payment." Mr. Suiter further stated that since June 11 he had collected money from creditors. He gave the returns to Mr. Sims, the bookkeeper. He had collected about £100, besides having sold the buggy and harness. He had paid £22 6s Id to i uller's estate on June 12 because Suiter and Co.'were indebted to that estate. He did not know that he was then virtually insolvent, and that the money ought to have gone to his creditors. Prior to June 12 he paid Stevenson a private account. He knew nothing of a masher and sparge being taken away from the brewery. Dr. McArthur : " Is it not a fact that you tried to get Sutton and Co. to secure certain trust moneys, and to take another mortgage over the Jubilee Hotel?" Mr. Suiter : " No, it is not a fact. I offered to sell the Jubilee Hotel to secure them."

" And they declined to buy it?" "They at first agreed, in your presence." "In my presence ? That is new to me, Mr. Suiter."

" Yes, at first they were favourable, but afterwards refused."

" Did you not then try Brown and Campbell?"

" I did not. Mr. Mowbray, acting as agent for our firm, tried to do it, but they would not take it."

" Did dagger (Hancock and Co.) take it?" " No."

" When was this trust money put into the Jubilee Hotel ? "

" In January, 18SS." " What amount was put in?" " £500."

Examination continued : He was not sole trustee , for this money, and the co-trustee | was aware- that the money was to be put in. j He was not. aware that a warrant was issued I and afterwards withdrawn in reference to ' this trust, Mr. Albert B. Griffiths bought , the hotel, and before that he had been the j general manager for Mr. Mason, nurseryman. Witness did not know what were Griffiths' j wages. Griffiths was lent £500 by the j trustees by way of mortgage, but no cash 1 passed. The whole transaction with Griffiths : was on paper. The purchase money was ' £3650. Witness o tiered to give Sutton and j Co. friendly possession, because Ehrenfried , and others were anxious to get hold of the ! business. Mr. Ehrenfried said he would ! subscribe £5000 to get them (debtors) out of i the country. i _ Mr. Ehrenfried : " Your range of imagina- ; tion is really wonderful." (Laughter.) Examination continued: 'Ihe Colonial ! Bank pressed for their tiling to save other j creditors.

Dr. M Arthur : "You stated that Sutton and Co. gave yon bad malt, which they bought at auction." Mr. Suiter : " I don't know whether they bought it at auction. I think they bought it from Tonka and Co."

Mr. Sutton : " When was that ?" Mr. Suiter : " You can ascertain that from Tonks; I think about two years ago." Dr. McArthur: " But it is your duty to give dates when you make such statements. Do you put anything in the beer except malt and hops?" Mr. Suiter : " No."

" Not sulphate of copper? and was it not that which spoiled the beer?" " No." " A jar of sulphate of copper has been found in the brewery. ' " Well, it has been put there since I left; I never used it in mv lite.''

in reply to further questions, Mr. Suiter said he drew about £0 a-week out of the business.

Mr. Sutton here put in a letter which he said had been received unsolicited from Watson and Murray, of the Auckland Brewery, as follows : — "We have been using your malt for the last three years, and generally found it of fair average quality." Mr. Suiter: "I should like to ask you, Mr. Sutton, whether Watson and Murray get the same kind of malt as was given -to us?"

Mr. Sutton Most decidedly." Mr. Suiter : " I can prove that we got malt out of one bin, and Watson and Murray get it out of another."

Mr. Protheroe, • examined by Dr. McArthur, said the first he knew of Suiter and Co. being indebted ,to the Bank was in October, 18$3, when he paid in £100 to meet a demand. He (witness) was surprised that he had to draw from his private account for that purpose. Mr. Suiter told him that a friend of his was prepared to offer' 10s in the £to enable them to keep on the business. A friend of witness' offered to advance money to enable them to keep on the business, and the condition that Mr. Suiter was out of it was not mentioned. Witness had not drawn more than £5 a week out of the business.

The meeting was adjourned till the 25th inst., at eleven a.m.