BUILDER FAILS

Taranaki Daily News, 19 September 1924, Page 7

BUILDER FAILS

STORY OF MISFORTUNE STRUCTURE BLOWN DOWN. INCIDENT AT WESTOWN. “The wages drawn from the contract were so small that I had to sell my furniture to keep my wife and family m necessities.” This was a sentence in the statement presented by Levi Harold Saunders, a builder, of New PiyiiDouth, before a meeting of hie creditore at the office of -the D.OA. (Mr. J- S. S. Medley) at New Plymouth yesterday. Since hia last contract Saunders said he luCd been working for wages, but he found it was impassible to wipe out his deficiency and so he had to file. The general opinion of the meeting was that the case was one of misfortune.. The creditors represented were; Masters Ltd. (Mr. L. M. Moss) Standish and Anderson (Mr. T. P. Anderson), Cassie and Smith (.Mr. A. Cassie), Boon Bros. (Mr. A. Boon) and Darby and Hannan (Mr. C. E. Monaglhan). Mr. W. C. Weston, who was also present, explained that about £B, which was not shown in the financial statement, was owing to him for advertising. Bankrupt, who was present, was represented iby Mr. Austin Be'wley. FINANCIAL STATEMENT. Bankrupt’s financial statement showed that the amount owing to unsecured creditors was £414 74 lOd and to a securt creditors £832 2s 3d, with an estimated security of £ I'lso, making a- total of £414 7s lOd. The amount of assets included £2Ol Ils lid for book debts, estimated to produce £l9O, cash in hand £1 4s 3d, furniture £2O and surplus from securities in hands of eeoured creditors £317 17s 9d, making a total of £629 2s. This left a surplus of £ll4 14s 2d.

Unsecured creditors were:—J. Nodder (New Plymouth), £6 8s; H. Williamson (New Plymouth), £l'l 9s 7d; Sash and Door (New Plymouth), £l6 15s 2d; Dns. Fookes and Milroy (New Plymouth) £3 16s 6d; G. Ward* (New Plymouth), 8s 3d; Emeny and Co. (Douglas), £6 10s 2d; J. E. Nixon and Go. (New Plymouth), £7 7s; Darby and Hannan (New Plymouth), £8 12s 4d; Boon Bros, Ltd., (New Plymouth), £lOl 19s 3d; Boon Bros., Ltd., (New Plymouth), £79 2s Id; Atlas Insurance Co. Ltd v (New Plymouth), £4 8s 4d; Masters Ltd. (New Plymouth), £B6 16s sd; F. H. Jeilyman (New Plymouth), £ll 16s 9d; Le Page (New Plymouth), £3; Casey (New Plymouth), £10; Odlin 'and Co. (Welling ton), £22 Ils 9d; W. -Russell (New Plymouth), £6 14s; C. A. Wilkineon (New Plymouth), £1 8s; J. S. -Fox (Okato). £2 2s; Standish and Anderson (New Plymouth), £2 13e; Bellringer -Bros. (New Plymouth), £l2 Is 9d; W. F. Short (New Plymouth), 10s: S. Teed (New Plymouth), £1; Cassie and Smith (New Plymouth) £6 17s fid. The only secured creditor wa® H.M. the King, £832 2b 3d, with an estimated security of £ll5O. Bankrupt, in his written statement, said that three years ago he "was employed in building in tflie country for the Lands Department, but in August, 1923, im began building on his own account, hie first two contracts being for the erection of buildings at Norfolk Road and Oakura. In December last he obtained the contract for the erection of the Westown Hall at £825, and as the plans and specifications for this job were not very complete he expected extras to add about £lOO to this amount. After commencing the work he was of the opinion that the speeifioations should be amended with a view to strengthening the proposed building, but his suggestions Were not accepted and the building operations were proceeded with. In March, when only about three or f<vur weeks were required to complete the building, a gale levelled the building to the ground and a considerable amount of material was rendered useless. He informed the hall committee that he could not carry on, but they offered him a< bonus or gratuity of £5O to complete the work. This Amount was to be paid on completion and although he 4 considered that the amount offered was too small he reluctantly accepted the committee’s terms. The contract v-as finished on June 11, and in spite of the fact that Mr. Yates (who was working with him) and himself had only drawn £4O for wages during t-he preceding three months the unpaid accounts in connection with the job were more than £lOO in excess of the balance of the contract price. Bankrupt alleged that the promised bonus of £5O had not been paid.

FORGED TO FILE. Owing to the small amount of wages drawn from the -hall contract, bankrupt had to sell the beet of his furniture to keep his wife and three children in necessaries. Since finishing the hall bankrupt had been working for wages, and as he had liabilities in addition to those resulting from his List contract and creditors were pressing -him. lie had to file. His house on the Avenue Road was leased for twelve months and as the lease was still nine months or so to run he could not offer same with the view of effecting a sale but he hoped it would be possible to -hold the property long enough to enable a good sale to be effected, as his equity in it should be sufficient to pay all his creditors 20s in the £l.

The opinion was expressed that Yates, Who wits in partnership with Saunders at the time when the Westown Hall was being built, should be responsible for a share of the debts. The D.O.A. pointed out that if the creditors took that attitude they 'had no standing at the present meeting, because it was Saunders who was bank rupt and not Yates. If they wished to bring Yates into the matter they would have to make him bankrupt also. The question of involving Yates had been considered, said Mr. Bewley, but he was of opinion that the creditors would gain little by taking that course Mr. Moss suggested that Yates should be examined by the D.O.A. THE HALL COMMITTEE’S BONUS. Mr. Weston: What was the position of the hall committee in regard to the promised bonus ? Mr. Anderson explained that he was not quite clear regarding the position, but he thought that the committee would abide by their promise, but he was not prepared to make any definite statement in the matter. That the sale of the house would produce about £260 was the opinion ox-

pressed by the D.O.A. and he thougQit it would be a pity to let such an asset go. Mr. Bewley said he was sure that the majority of the debts would be covered if a satisfactory sale of the house was effected. The only money he had been paid by the hall committee was about £303 and all the rest of the money was paid on order, said bankrupt under oath. Some discussion followed regarding the orders held by the Westown Hall Committee, and it was decided that the meeting be adjourned until Messrs Boon, Moss and the D.O.A. had interviewed Mr.V. C. Davies, secretary of the hall committee and Mr. Anderson.