LABORER’S FAILURE

Poverty Bay Herald, Volume LV, Issue 17236, 16 April 1930, Page 17

LABORER’S FAILURE

MEETING OF CREDITORS ESTATE OF A. E. ASHDOWN A meeting of creditors in the bankrupt estate of Alfred Edward Ashdown, of Gisborne, laborer, was held this afternoon, there being only two creditors present. The Official Assignee, Mr. J. N. Nalder, presided, and the creditors represented were: The Public Trustee (Mr. D. 11. Smail), and N.Z. Loan and Mercantile Agency Go. (Mr. W. H. Stratton). Mr. J. S. Wauchop appeared for the bankrupt. The „assignee read the following statement made by the bankrupt: — “I have resided at Matawai for over 20 years. For a number of years I was in the carting business, and as I secured a position of manager of a farm I sold my carting plant, and took over the management of Messrs. 'McKenzie Bros.’ farm. The owners of this farm lived in the South Island, and during the time 1 had the position I spent about £l5O of my own money on the property, and in addition there was a considerable sum due to me for wages. In April, 102 G, the owners of the farm issued proceedings against me for £159 10s (id, being moneys which they alleged were due to them on the sale of certain wool, skins, timber, etc., and I counterclaimed against them for £IGS Gs Bd, which was due to me for wages and moneys Which I had paid for them. The result of this case was that McKenzie Bros, obtained judgment against me for £64 Bs, and I was successful on the counter-claim, but only to the extent of £O4 10s. I was a very heavy loser over this case. “While 1 was on McKenzie Bros.’ farm I purchased a car on the hire purchase system for £lO7. I paid this amount with the exception of about £5, but during the time had the car I incurred a debt of £2o for repairs, the account being due to the firm from which I purchased the car. As I was unable to pay these amounts, I-returned the car, and by so doing I thought I was clear of all liabilities thereon, but proceedings were taken against me for the amount of the repairs, and judgment was given against me.

“About two years ago I had a pitsawing contract, and 1 anticipated I would make money out of this job, but the result was very disappointing, and I lost a considerable amount in this venture. Six months ago while I was working at Kopua, a shed at Matawai in which were stored two buggies, a gig, harness, and tools belonging to me, was burnt, and I lost all my chattels, which I valued at £2OO. I had no insurance on the chattels.

“I am a married man with six children, and have had a considerable amount of sickness in any family. One of my creditors has issued a judgment summons against me, and as I can see no pr-ospeet of paying my debts out of the wages I am earning, I am compelled to file my petition. I regret that I can make no offer to my creditors.’’ Under examination by the assignee, bankrupt stated that one son was working, and five of his children were still dependent upon him. He had no property at all; he had made arrangements 10 years ago whereby he was to purchase three lots at Matawai, but had simply been occupying the first lot. There )vas a written agreement of sale and purchase in connection with the second two quarter-acre sections, entered into about 1921; the purchase price was £2OO. He had paid the vendor, Mr. D. S. Thompson. £25, and the cost of the transfer, and had made no further payments on account of the purchase, but he bad paid the rates. He had been sued for £so' interest on the money, though prior to that witness asked him to take the sections back, as he could not see his way to purchase the .lands. Mrs. Ashdown owned 2| acres of land in one section, with a house on it, and witness and his family resided there. The land was bought 15 or 16 years ago; she had given witness about £IOO when they were married, and witness told her she could have the 2\ acre section. The property was mortgaged to the State Advances Department, and some of the interest and repayment of principal was provided by witness and some by his son. The amount owing at present was about £250.

Continuing, witness said lie went into Messrs. McKenzie Bros.’ employment in about 1923, and remained with them for 2 i years. The arrangement was that lie was to receive £4 a week and free meat; there was also a house there, but witness did not use it, and ho bought most of his meat because it did not pay him to use a whole sheep for meat. He lot the liouso on Messrs. McKenzie Bros.’ property to tenants for 10s per week. He had no interest in Messrs. McKenzie Bros.’ farm other than as a workman, but at the T>cgilining Messrs. McKenzie were friends, and when he spent his own money on the property lie thought ho would got the money hack when they were more financial. They must have had an idea that he was spending a certain amount on the land. The £l5O was included in the counter-claim that he brought against them later. He had not received his last lot of wages, amounting to about £BO.

The assignee: Apparently the court was satisfied that Messrs. McKenzie Bros, were not indebted to you for any great amount, for you obtained judgment really for only about 2s.

Witness: Yes. Further examined. Mr. Ashdown stated that he purchased the car about 12 or 18 months before lie left Messrs. McKenzie Bros. He paid off all but £5 of the purchase price of £lO7, and there was £25 owing for repairs. After the court action witness could see that lie could not curry on with the car, and he asked the company to take the car back to square tho account, and this they agreed to do. The negotiations were done by correspondence. They told witness to truck the car down, and after he had done so they asked him for £lO to square tho account, stating that they would do the car up and give witness what they received for it from the sale. Witness had been offered £3O for the car as it stood. He understood that when the car was taken back lie wits to get credit for the amount of the repair bill, £25. The car was sold for £65.

In connection with the pit-sawing contract, witness said lie was to cut 40.000 ft. at 15s per 100 ft., and lie cut 55.000 ft., but was pain only for 40,000 feet. He was on the contract for eight months, and lie had to pay a men £5 a week and meals. Ho finished (lie contract about two years ago, and was out of work for two months. He then did fencing for about 12 weeks at 10s per chain, earning £SO or £OO altogether. After being, out of work for about three weeks, he obtained, work at Kopua :it. Is Id to Is 3d an hour. To Mr. Wnuchop, witness said he hnd always been a hard worker, and spent no money on amusements. He hnd just the bare necessities in the way of furniture. Tho meeting was adjourned sino dio.