In Bankruptey.

Southland Times, Issue 9540, 9 June 1887, Page 3

In Bankruptcy.

IX HE JOSEPH PO^BINDER, OP NiW HiVJIB, PAiiMEU. An adjourned meeting in this estate was held yesterday in the Courthouse. The Deputy-Assignee (Mr K. Macleod) presided, Mr Wade appeared for the debtor, and Mr Rattray represented the petitioning creditors, Massrs Wilson, Tame and Co

Mr Rattray uaked that the witnesses bo ordered out of Court, whereupon Mr Wade raised the objection that no one but the Deputy Assignee had the power to examine witnesses. After argnmiist, the Chairman expressed the opinion that the examination of the persons called upon to give evidecco had better proceed.

Elizabeth Tablinga was duly sworn, and depos-jd that the debtor's wife was her daughter. She (witness) bad li^ed st New Kivei with Foabinder for about seven years, and before that bad resided with him at Bay Road. While living with Mr and Mrs Fosbindrr she had been working all the time, and had been paid eometiraes. She had received as much as L 25 per year. Before purchasing the New Kiver property from Fosbinder some land at 0 autuau, originally her'p, came back tp her, the purchaser being unable to pay. She paid L6O for the N-jw River land at auction, the money b ing her own. No arrangement had been made between Fosbinder and her before the sale, and she only knew that the property was to be sold •when she saw the advertisement in the papers and heard the matter spoken of by her neighbours. No one had advised her to buy the land, but she had talked the matter over with her daughter before the sals. She had also bought cattle, horse?, and implements from Foebinder, the receipt for the purchase money, L5lB, sh9 had in her possession. (Receipt, dated 14th April, produced). She paid the L5lB from money she had long before, having brought a considerable sum with her when ehe came to the colony 25 years ago. The stock she purchased was now all on her own land, some on the New River property and some at Forest Hill.

James Smith Glover, the debtor's son-in-law, deposed that he had been living- on Mr Fosbinder's property and working for him about two year?, his wages being at the rate of 25a per week. He had bought some mortgages from Fosbinder recently, paying L 445 for them altogether. The amount stated was not paid all at once, but at diff rent times within the last two months. He paid Fosbinder with his own money, having had rome capital when he came to Sjuthlani some six yt-a-s ago. He did not draw the L 445 out of the bank, but bad nearly the whole of it in hi*B po«---seesion in cash. He purchased the mortgages from Fuebinder because be thought xhe investment would be a good one.

Henry Joseph Foabinder, eon of the debtor, deposed that ho bad been working for his father for the last seven yeara, hie Wages having been, for the latter part of the time, at the rate of 25s per week. He bad bought some of hiß father's property about two months Bgo, paying 3% per head for G25 sheep which were running at the New Itiver Heads, He paid for the sheep in cash, the nmonnt befng LIVB 2 ss. He bought some Jand at Oiaatau from his father, and aloo took over a mortgage, the price ot the Otautau land being L 1"25 10d. Tin tmn".y h-j paid jf or tries * properties bo had ea^ed up, and when he bought them be did not know that his father was goiLg fawny. He bought the sheep because he thought he could make money out of them, and he invested ia the Oiau'fiu load because he wanted the property. The Btock which had been bougiit by Mrs Tabl'ng were on the Now Hirer property. He bad not got hid wagea regularly from his father bat in a lump BUtii now and then when he wanted the money. He had invested in Ihe properties under his father's advice. Elizabeth Fosbtnder, the debtor's wifp, was also examined on oath. She stated that her husband left his borne in April last, but did not leave any property in her hands, nor did he make any provision for hereelf and family. The things that were in the house belonged to her mother. She had known that the New River property was to be sold having seen it advertised. Her husband had not been in the habit of consulting her relative to his dealings in land, bat he had often spoken of selling the New River property. Her husband had often been away for weeks, but during his. absence Bhe had never experienced any difficulty in providing for hereelf and family. It having been agreed that the witnesses should meet at a later stage to -ign written statements of their evidence, "the chaiiraan declared the meeting to be adjourned sine die.