IN BANKRUPTCY.

Stratford Evening Post, Volume XXIX, Issue 130, 25 July 1911, Page 2

IN BANKRUPTCY.

ESTATE Oil E. M. COX. An adjoin necl meeting in the estate m jtstnei AiiUia vox was neM Hiia UlOlillug CO UaUUUUC MCSSik S. wioss, re. lx. vox, and uoo. ixianeni. as -to cne eonauei oi tne ousoiess oi uanKxupc doling tne illness oi nee iunsoanu, IV. I>. Oja, it lie lag UCS.reU 10 ascertain how mo ousniess nau been eonuucted during Mr. vox's illness, nil. u. o. Anuei son appeared lor text.tin creditors, and Mr. o. JC. xj. Slauloid ice deucor. airs. .bstner Maria Cox, on oath, said sue did not cane an active,part ui tne management oi tne business auiing ne. Unsound's illness. She went up to tne studies ever}' Monday morning to take tne woeniy receipts and mink them. Unc week sue received jio, but the amount usually averaged irom £3 down to £l, and one ueek she got nothing. Her son, H. B. Cox, used to hand iier the money, bur Mr. riianclii was in charge at her iiusoand's inquest, until ne lerfc. S.he did not press lor any explanation when there was no money to bank. She could not answer as to how many noises and vehicles there were when her husband was taken ill She made some payhients out of receipts, had paid Ixianelii two or three ameui ts Cn account'd' wages, and had spent other sums in her own maintenance. Sue had remarked that it was strange there was less money taken than when her husband was about, but received no explanation. She understood from Mr,,(dx that Mr. Minnelli was in solo control. id Air. Henry Wilson: She did not know 'what became of a new saddle Mr. Cox had purchased from Mr. Wilson. 1 \V. B. Cox said the saddle was there when he was taken ill; it might, however, have, been hired out for the day. Geo, Bianchi said ha had never seen a new saddle in the stable during the time he bad been there.

All's. Cox, continuing, said siie had asked Cross to assist her son Herbert. She thought Mr, Cox had engaged Christiansen. Jo Mr. W. 1). Anderson: The whole management of her business was in the hands of her husband when he was able to look after it. He was an undischarged bankrupt. She had made no arrangements personally with Mr. Bianchi to take charge of the business. There was a day-book in the desk. She supposed Mr. Bianchi had charge of the book, but did not know. Her boy did the ordering of chalk She went to her son for the cash, because Mr. Bianchi was not always there. Her son was not in charge. She couldn’t tell from memory whether or not Mr. Bianchi had handed her £9 one morning, part of the proceeds of the sale of a horse. She did not remember. She went to ! see Mr. Cox about the horse, but the doctor would not let her see him. She went to see if the horse was in the bill-of-sale. When she could not see Mr. Cox she went hack, but she would not like to say what site told them. She had paid £5 to the L. and M. Agency Go. 'Mr. Bianchi sold a long-legged bay and gave i her the money. Sjio paid part of this to the Loan and Mercantile. She paid the money into tne bank, and gave tiie ij. ana M. A clieque. Ucojge inlrncni, m reply to the Assignee, said ! that a biacit mal e was also sold lov ahj. J.iie money ( lor tins maie was received by ilerocrt Cox. Jne bay was sold by, him, and the price fa-4), together witii &6 which no ynougub was stable money, nc had nanued to Aiis. Uox in one sum. ! ;,t,n xurtnem reply ,to, Air., Anderson Mi s. Cox said sue had exercised no supervision, and Jett everything to nei son ana to Mr. iimuciii to ao as they lined, trusting to tneir iiouosty. r'oui norseS’iiad died. C. iiiancm said one had to be. shot, and tne others died from sheer starvation.

Cox said she did not know horn wonfc tiie iiorses died, Her son iuid ids meals at her house, and slept at the staule. JSlie could not reniemnei what tne takings were the lirst week iier husband was ill. When me takings dwindled away siie took no steps. She paid her son no wages, hut gave him a dew shillings t ccii-nonaily to gfct supper, iier son was supposed to get Air per week, and lie had no rignt to cleuuct the amount Irani takings at the stable. She could not remember it siie had given her son more tnan ten shillings pur week. W. Jj. Cox hero interposed that after a bad illness 'some twelve or La rtoen years -ago she was ust as liable as not to forget a tiling. Anything sue dm remember siie would ten straight out. diis. Cox still failed to rnaemher what she had paid her son, or v hetncr she had paid a cheque to Cross. Herbert Jj. Cox said re was engaged in the stable before and after ms father's illness. lie got no jugular wages, either under' his lathe* or iiis mother’s management. He was supposed to get .hi per week. Before his lather was ill lie only took what money was paid to him as cab-dr.ver, or an occasional shilling in ti e stable.

To Mr. Anderson: The business went down to less than half after liis lather’s illness. He ban led none of the cab money to Bianchi. He nad handed liiancni odd amounts for stabile takings. He did not remember how much he handed to Bianchi. '1 he total handed to .Bianchi 'luring bis lather’s illness might ‘‘avc teen £2; it was not CM. He never gave a note of the call’s day’s takings foi entry in the day-hook to Bianchi. The record in the note-hook produced showed the_ takings on the cab Irom .Ji-nu-ary 2oth, when lie had Carted ( d - dnving. He had made the entries in the oliice at the stabßs and not at home. He had handed t he cab tab rugs to his mother. He had made no payments tor anything out of the money in hand. Did not keep any note cl the amounts ho had paid to his mother. As far as he know all the stable money was paid into the bank. He made out the slips. Both his mother and father arranged that he was to get Cl per week! Thought he had item ved only about £2 iltogether m odd money' from his mother timing tidrty-seven weeks. Three forces diet! while he was in the stable. One was shot, one died of old age, and the other got into a creek. He could not say how old the aged horse was. It w as 'hot a tact the horses (lied of starvation. A black mare was sold for £5, be believed, to Dodunski, by Bianchi He got C.‘! oJ this amount, ami paid it to bis mother. As regards the sale cf the bay, lie did not know how much was paid for it, or whether bis mother got the money. He did not try to check Bianchi in any way. He could not say whether or not Bmnchi banded over all the receipts, but ho had bis doubts. He exorcised no check, however, although lie ■ms supposed to he looking after his nmtliei’s interests. Witness took a few shillings in the stable and handed it to Bianchi. He could not say whether 01 not he had ever handed Bianmi ten shillings at one time, it * - as more than ho could say, whether or not Bianeni had handed all, the takings to his mother. His memory was good enough; lie did not sav any money

had gone astray. He coaid not give an account of what he Jiad gn cm himself. It was inoie than he could say who he had taken two horses to Hawera. tor. He thought it was last montn, and on a Tuesday or a Wednesday. It would 1)3 the first half of the month. Ho did not know who left the horses in the stable. The man who loft them there told him ho had left them there. Ho did not know the man’s name. He was a tailieh man. He got ten shillings for taking the horses to Hawera. it took about three hours, and he came back by train. He handed the ten shillings to his mother when lie got back. Was quite sme the horses were not rn the biihof-sals, and the saddle was not the stable property. He merely left the horses at a stable in Hawera. He never took any other two horses to Hawera.

J. Christiansen said lie was employed at Cox's stables for six days. He made entries of all business ue had transacted in the note-book produced. He did this because there was no book of any kind there except one day. Mrs. Cox had asked witness to take charge, and to note all business done. Bianchi had handed over his cash to witness, but Herbert Cox refused to do so. During four days witness and Bianchi took £3 ills' (id in cash. Cox, Bianchi, and himself were employed at this time. Ho had not seen the day-book produced until alter he loft the stable, after the first day he was at the stable. Ho was quite satisfied that Bianchi paid to him all the time witness was in the stable. He did not know what Herbert Cox took. When witness asked lor Cox’s takings Herbert had told him tiiat was nothing to do witli him. There was no feed for the horses—no oats, all the time he was there, and they could only got a sack of chair occasionally. Re hail mentioned it to Herbert Cox several tidies, and was told that there was no money to buy Iced with, and they couldn’t get it without. Under such circumstances he was not going to stay, and left at the end of a week, Herbert Cox was seldom in the stables except in the morning early when most of the hires were arranged. He did on one occasion say he was out trying to collect accounts, but did not say whether or hot he got any. There was very little business done at the stable except on a Saturday. He put it down to tlic fact that the horses wore

100 poor to hire; they got very Htilc u;ea wuilo lie was tnerc. Tnere was a sachde claimed by Herbert widen .nigut iiuvo been six. months old, or jmgat have been more. He had not laKcn particular notico of it. At tins stage the meeting adjourned to; luncneon. On resuming after luncheon, Geo. dianchi said lie was engaged by Mr. Cox. He was not appointed manager, ■jusiness roll on, Uuu ns put it uo.vu to want of feed. For two months there were no oats in the stables, and noises died of starvation. lie «as not definitely appointed manager oi the stables. He had told Mr Cox lie would do his best, which ho had done. So far as he knew it was left between the two of them. He received cash winch he handed to Herbert to give his mother. He entered no payments at all, as there was only a daybook in the office, except one account winch had been paid to him. This was the only outstanding account which was paid to him during tho time he was at the stables. He kept no note of the takings, and it was hard to say what tiie average was. One day ho received as little as 2s 6d for the day, and on another occasion he took about 16s 6d. Herbert Cox was also taking money in the stables, and he snould say he was taking as much as witness. Herbert had never suggested that the amount witness was taking was small and had never thrown out any doubt that witness had not accounted for all the money he bid taken. He had not applied any of the money received on Cox’s account to ins own use as payment for wages due. He had sued for wages on June 26th, after he had terminated his engagement. He did not know w hether or not Herbert had collected any accounts. So far as ho was aware onxy two noises were sold out of the stable. Neither Mr and Mrs Cox, nor Herbert Cox, ever spoke to him about the smallness of the stable takings.

To Mr Anderson: He did not see what stock Herbert took'to Stanley Road. He could not form an opinion as to the hverage takings per day while Mr Cox was in the Hospital. There was no day in which nothing, was taken. lie only hooked np hiring, hut there was very little of tiiivt. The cab might have been idle two days. It did not meet the mail train in the morning, and only in the evening- when Herbert felt like it. Herbert worked from 9 a.m. to about 7 p.m. There was really no management. He had made application for wages by asking Herbert to see his mother about it. Mrs Cox said she had no money in the Bank, and he would have to wait. Mrs Cox was at the stables pretty well every dar. He had worked at the stables ten weeks while Cox was in the Hospital, and about six weeks before. To the Assignee: He should §ay that Herbert Cox was spending about £2 par week during the whole of the time his father was in, the Hospital. The money wont on beef-tea and refreshments in the hotel line, and in sweets. Saw him on several occasions at the Club Hotel. To W. B. Cox: It was a fact that he had frequently been over to the Club Hotel himself.

To Mr AVilson: He had certainly not paid for the bottles of beer Mr AVilson said he had seen going into the stabile

To the Assignee: Young Cox spent money on sweets, picture shows, or any theatre that was on. There were only two of them at the stables, and they took night and night about in minding the stables. Young Cox could not bo trusted to look after the stables.

Mr Stanford: Were you absolutely without blame in this regard? Witness, in further reply + o the Assi.guoo, said Cross was not: working with witness at any time during Cox’s illness. Christiansen was appointed because witness had given notice of intention to leave. During the whole ten weeks witness had only collected one booked account of £i. there was no beer went into the stable barring an odd bottle or so that anybody might send over. He did not Know that Mr Cox strongly objected to drink going into the stable. It was his own son who bad brought the beer in, and he could not stop him, as tjie boy ignored him. Sometimes a bottle might 1)0 sent , over for a customer. W. B. Cox: This never happened in my time. Mr Stanford; It was certainly a well managed business. To the Assignee: The prices ho got for the horses sold were the prices Mrs Cox wanted. There were three other horses to be sold, but they died of starvation before a sale could bo effected. S. Cross stated that on June 4th Mrs Cox had engaged him for a fortnight to give tlie son a hand while Mr and Mrs Cox were in Palmerston North. He supposed the son was in charge, but nothing definite was slated, Me had kept what amounts were paid to him direct towards his wages, and there was still a balance owing to him. He had also paid ,12s out of stable takings to make up paddock rent, and various small sums to ti e son. He took no hires during theton days lie was there. Herbert Cox was also taking money at ti.e sameftime. He bad started entering up in a book, but found someone was altering tiie bookings, and stopped, In reply to the Assignee, Herbert Cox said he did not know who altered the book the first time, but be altered it back to the original amount, viz., £1 2s 6d. After, examining the book, the Assignee said it was apparent tiiat quite a number of entries bad been altered so far as the. figures were concerned. In reply to the Assignee, W. B. Cox said a sum of £7 odd had been used by him to go to Palmerston on Juno 21st, Ho had an idea, the amount was handed to him direct by bis son. He bad left the' book-keep-ing to his eldest boy, who bad gone away. The Assignee said it was absolutely hopeless to attempt to post the ledger from the day-book. S. Cross, further examined, said one horse got into a creek while be was there, and had to be shot as it was too weak to got out. They had boon short of feed and borrowed a bag or two of chaff from Mr Darcy. Witness had taken over several bottles of beer to the stables lor customers. The latter paid for them, of course. The practice did not attain any great proportions : four or live bottles a day perhaps. He bad gone over to the Club Hotel with young Cox on several occasions. - lie had also gone over with iiiau-'bi. ’idling Cox bad gone over to the hotel several times without witness, and witness had gone over without him. Aits Cox never complained about the small takings: she was worrying a bent her husband. Mr Anderson; It is pretty evident young Cox could not have done all this ou the few shillings Ids mother was alleged to have allowed him, totalling £2 in some thirty weeks. In reply to the Assignee W. B. Cox said a missing, slate had been lodged, with other things, at the L. and_ M. Agency for safe keeping as it “might be useful.’’ Herbert Cox, recalled by Mr AiulCr-

son, said that all the stock lie took to Sanson’s was three dairy cows and aie horse. He did not take down ,iia lilly, one black gelding and one uuck. ‘ He thought he was going to t .ike down three cows and three hors■s and Intel told the L. and AL. Agency this. He told Mr Hewitt he had jot taken down the other two horses. He was sure it was not during the last fortnight that he went to Hawera with "the two horses previously referred to. Ho had ridden to Fltluim on his own horse within tho last month and was leading his little sister’s horse. Both horses were bays. His sister was fourteen. She got Hie horse about three years ago. The examination then closed, and the meeting adjourned without baking any action.