MEETINGS OF CREDITORS.

New Zealand Mail, Issue 386, 5 July 1879, Page 11

MEETINGS OF CREDITORS.

The meeting of creditors of Dermis Kelly, carter, of Wellington, which was adjourned on Thursday for want of a quorum, again fell through on Friday for the same reason, and lapsed sine die. We understand that Kelly is a man who some time ago became very unfortunate in bis business in a neighboring province, and that he came to Wellington penniless, and with a wife and family depending upon him. Several people here assisted him, one by giving him a cart, and Kelly by honest industry has been able to pay his way here, and has even indulged hopes of ultimately being able to pay off his former debts. One of his smaller creditors, however, has been recently pressing for payment of liis claim, and this action compelled the debtor to call a meeting of all the creditors, with the above result. The debtor expresses his determination to eventually pay everybody in full, but he cannot do so if pressed now. He considers it would be unjust to his larger creditors to pay a small one in full, and he prefers when he has any money to spare’to divide it equitably amongst them all. Monday, June 30. A meeting of creditors in the estate of John Breen, carpenter, Karori, was called for on Monday forenoon at the Supreme Court, but there being no quorum present it stood adjourned till next day. A meeting of the creditors of Jessie Bowles, farmer, Porirua, was also called for on Monday. A couple of creditors were present, and debts to the amount of £52 15s. were proved, the meeting being then adjourned until next day for fuller attendance.

A meeting of the creditors of M. Monaghan, contractor, was held at the Court House, Mr. Barrett in the chair. The business only occupied a couple of minutes, and consisted of passing a resolution to assent to the deed of assignment. An adjourned meeting of creditors of Mr. McKirdy, contractor, was also held at the Court House, Mr. L. Levy in the chair. The chairman stated that the creditors had assembled to consider an offer for purchase of the estate. Mr. Edwards, who appeared on behalf of the debtor, stated that the latter was prepared to pay ss. in the pound for the estate, at the rate of Is. in one month, 2s. in three months, and 2s. in six months. He would find guarantees for the payment ot the amount named, subject to the approval of the creditors. It was resolved that the offer be accepted, and that the chairman be appointed with the trustees to consider on behalf of the creditors whether the guarantors proposed were satisfactory. A meeting of creditors of Cecil Roadley, farmer, Malrara, was called at the office of the trustee, Mr. Berry, to consider an application of the debtor for discharge, but the meeting lapsed for want of a quorum. A meeting of creditors of George Sayer, storekeeper, Carterton, was held at the Court House, Mr. Capper in tbe chair. A proposition to consent to a deed of assignment was not assented to, and it was resolved that the debtor should file a declaration of insolvency.

A meeting of the creditors of Jonas Back, tobacconist, was held on Monday, at the office of Mr. T. Kennedy Macdonald, for the purpose of considering the application of the debtor for a certificate of discharge. The chair was taken by the trustee (Mr. Macdonald), who said that since his appointment he had investigated the affairs of the debtor, and had endeavored to discover whether he had made away with any money or goods. He was, however, unable to make anything out of the debtor’s affairs, as there were no books. The debtor had not kept any accounts; there was only a bank book and some notes on pieces of paper. He had been told that Mr. Soulto, formerly in Back’s employ, could give some information, but on seeing Soulto he had failed to elicit anything. He had also received information that a case of goods from Back’s shop was at the New Eeafander Hotel, and in consequence had gone with a detective to the hotel, and saw the goods, which were claimed by Mr. Eowe, who boarded a.t the same house as the debtor. The case contained some choice goeds, said by Back to be worth £l6, but he should estimate their value at nearly double that sum. Back stated that he gave £2 in cash and the goods to Lowe on the 14th April, and Lowe endorsed the statement ; but Mr. Mountain said that the goods were taken to the hotel on the 6th May. He (thetrustee) had consulted his solicitors Messrs. Moorhouse and Edwards—who advised him to treat it as a fraudulent delivery of goods, under clause 64 of the ./vet, 18/0. He had caused the debtor’s goods to be sent to the auction marl, of Mr. Sidey, where they realised the sura of £BO. The debtor had set down his liabilities at £935 Bs.; his legal trade responsibilities were £635. The assets were two five and a half years’ leases of two shops in Cuba and Manners streets, set down at £SO each ; stock and fixtures, £IOO. The claim of the National Bank was, with interest, £126 10s. They held securities to close on that amount. It was impossible to tell whether the debtor bad made away with the moneys or lost on the stock, as he had systematically kept no books. It was for the creditors to decide

■what was to be done with regard to the case of goods, and also in the matter of the application of the debtor for his discharge and maintenance. Mr. Nathan said there was a sum of £6OO totally unaccounted for by the debtor. Mr. Baker commented very strongly upon the different phases of the insolvent’s affairs, and moved that his certificate be suspended for three years. The motion was seconded by Mr. Capper, but on being put to the meeting it was lost. The debtor’s application for a discharge was then granted. The trustee was then empowered to act as ho thought advisable with regard to taking action to recover the goods claimed by Mr. Lowe. Tuesday, July 1. A meeting of creditors of Mr. John Breen, carpenter, Karori, took place on Tuesday morning at the Supreme Court. Mr. Ballinger was elected chairman, and Mr. Baker was appointed trustee. Several proofs of debt were put in. Liabilities are set down at £l9O, and assets at £l6. At a meeting of creditors of Mr. B. J. Jones, grocer, Wellington, Mr. Breston in the chair, several proofs of debt were put in, and Mr. S. Carroll was elected trustee. A meeting of creditors of Mr. Wm. Philp, contractor, was called for Tuesday forenoon by the trustee, Mr. Gills, to receive a statement of accounts from the debtor. The latter, however, not appearing, it was resolved that notice be given him to appear on Friday next, failing y?hich a warrant will be issued for his arrest. • A meeting of creditors of Mr. R. J. Duncan was called by the trustee, Mr. Carroll, to consider what should be done concerning the furniture of the debtor, which had been assigned to him as part of the real and personal estate. It was the general rule to make some special provision with regard to the furniture, and he had called the meeting to be instructed in the matter. Mr. Wallace proposed that the furniture be assigned to the children, but this proposition being strongly opposed by Mr. Duncan, it was decided upon the motion of Mr. Hutchison to adjourn for a week to secure a fuller meeting of the creditors. The creditors of Mr. C. Fmmett met ia the afternoon to consider an offer which had been made by the debtor of 12s. 6d. in the pound, payable at three and six months, guaranteed by Turnbull and Co. After some consideration this offer was accepted. Wednesday, July 2. A meeting of creditors in the estate of Henry Best was held at the Supreme Court yesterday morning, Mr. Boardman in the chair. The trustee, Mr. Carroll, stated that the meeting had been called to decide as to whether the proposed deed of assignment should be assented to. It was resolved that the deed be not assented to, and that the estate be liquidated under the Bankruptcy Act. A meeting of creditors in the estate of Messrs. Beck and Tonks was held at the Chamber of Commerce yesterday morning, Mr. Krull, trustee, in the chair. It was decided that instead of paying the bank’s claim the latter should realise for themselves. It was also resolved that an immediate dividend of 6s. in the pound be declared. Thursday, July 3. A meeting of creditors in the estate of William Mitchell, wheelwright, Wellington, was held at the Supreme Court yesterday; Mr. Edwards in the chair. The deputy-registrar handed in the debtor’s statement of assets and liabilities, the latter amounting to £166 Bs. lid., of which £56 14s. 7d. was secured ; the former consisting of house and furniture, valued at £370. Several proofs of debt were put in, and Mr. C. A. Baker was appointed trustee. A special meeting of creditors of Mr. John Adams was also held at the Supreme Court. Mr. Bell explained that at the previous meeting the deed of assignment was assented to conditionally upon Mr. Alcorn being appointed as a trustee to represent the unsecured creditors, to act with Messrs. Mills and Hutchens, who had formerly been appointed trustees, but who were secured creditors. It now transpired that this could not be done, and the meeting had been called to take further steps. After some discussion it was resolved to consider the matter at a further meeting of creditors, to be held next week.