BANKRUPTCY COURT.

Taranaki Herald, Volume XXXVI, Issue 8000, 19 October 1887, Page 2

BANKRUPTCY COURT.

THIS X>A.Y. Wednesday, October 19. — Before I\ P. Gorkill, Eriq., Deputy Official Assignee. IN BE RICHARD GRYLLS, OF NEW PLYMOUTH, LICENSED VICTUALLER. Mr. Samuel appeared for Mr. J. Paul and the Deputy Official Assignee, and Air. 0. W. Govett for the bankrupt. The following creditors were present, representing the undermentioned amounts: —Messrs. J. Paul, £69 14s Gd and £612 19a, total, £682 13s 6d; McKellar (Egmont Mills), £2 ss; E. H. Tribe, Sash and Door Company, £4 4s 2d ; R. Cock (Sclanders & Co.), £32 4s; J. H. Cock & Co., £76 16s 9d ; 0. W. Sole (Sole Brothers), £4 16s 4d ; S. W. Jackson (Jackson, Lightband&Co.), £1 58 ; E. Humphries, £5 5s ; 0. King, (National Bank) £260 Is Id. The Deputy Official Assignee (Mr. CorkiH) read the statement of assets and liabilities, which we have already pub- J liahed. He said that he had put a manager aid barman in the hotel to keep it going. The house had brought in about 258. per day on ordinary days, and about £6 or £7 on Saturdays. In reference to the lease of the house, he suggested that the good-will should be put up by auction. Mr. Samuel said the furniture should ba put up, too, as it was hardly possible the furniture could bo disposed of if not in connection with the good- will, Mr. Paul said some consideration should be shown him, as the house was his, and every day it was carried on as at present was to his injury. He said th*t the bankrupt had never paid a shilling for vent since he had been in it. He would be happy to get lid of it. In answer to the Assignee, Mr. Paul said he would be willing to tako the place and furniture for £400. He said if it was not for the position he was placed in, being responsible for about £960, he would not mind a month passing, so as to advertise the place well; but aa it stood he wanted to be relieved of his responsibility as Boon as possible. Mr. Corkill saie that £70 was duo to Mr. Paul preferentially, and with other preferential claims, if Mr. Paul's offer was accepted, there would be about £250 available for creditors. Mr. King asked what that would pay, and the Assignee said 5s in the £. Mr. Samuel said according to that Mr. Paul would loae £700 by the bankruptcy. Mr. Cock said the bankrupt only owed £150 outside of Mr. Paul's claim. Mr. Paul said that he wanted to be exonerated before the public, as the bankrupt had spread reports about the country that he (Mr. Paul) had ruined him. Mr. Cock (Sclanders & (Jo.) moved, "That Mr. Paul's offer of £400 cash (including license, lease, and goodwill) bo accepted." This was carried unanimously. The Deputy Assignee then brought forward the question of allowance to the bnnkrupt. He said he would take steps to valuata the bankrupt'? private furniture, as he thought it would be found to exceed the £25 allowed by the Act. - Mr. Samuel thought that the examination should be taken first. After the private depositions were read, Richard Grylls was then duly sworn, and said : I am not aware that I have omitted any liabilities from the statement filed with the Assignee. So far as I Know, I owe Mr. Edward Humphries nothing. I said once I would give him something in dealing over the sale o£ the Red House when I bought from Ooomber — tliat was four months ago, when 1 exchanged. I think ho was acting fortho two of us. Mr. Paul was the first who suggested the idea to me, and I saw Coomber about an exchange. I spoke to Mr. Edward Humphries about seeing Coomber, and said I would give him something if the bargain went through. I did not me.in a percentage. The bargain was completed by the solicitor. I intended giving him a£o note, but he has not asked me for anything yet. I don't think his claim of £5 5s ia excessive. I understood he was acting for me, and not for Coomber. The books produced are the only books I kept — ledger, day boou, and bank pnsa-boo'c. 1 never kept a casli book. I cannot from these books show what I received or paid away. 1 cannot show what I have paid Mr. Paul. Sometimes I gave him cheques and sometimes cash. I gave him £20 cash not vory long a-;o. I canuot say whether £70 is all the money I have paid Mr. Paul sinco Fii'mury laat, viz., £30 in April, £20 iv July, and £20 iv August. I cannot say roughly what is the value or." the beer supplied mo by Mr. Paul per month. I cannot say whether or not more than £70 worth of beer has been supplied me by Mr. Paul and not paid for oinco February last. I don't doubt that Mr. Paul's account, as produced, ia correct ; I never knew him charge mo for what hi.d not been supplied. In addition to the beer supplied ho has given mo £60 cash as an advance . He lui3 thus given me cash and beer to £140 since Februaiy lust, agniust £70 which 1 have paid him. I never kept a cash book, oveu when taking £300 a month. I can real and write, but never deemoii it necessary to keep books The reason why my bank book shows such a decrease in lo.igments within the Lißt few months us against the corruspomiiug peiiod of last ytar is that I lately ma io most of my payments iv cauh. ,\ly receipts in tho Taianaki Hotel woul 1 amount to £16 or £18 per month. Iv October, 1886, t made a, settlement to my wife oi! my interest iv the Oakura Ilol'.l and 100 acres oC laud. I produce bakuueshect prepared at that date, and lodgo-1 with Mr. Uovott ou tho s,u»e day, 20ih October, 1880" It was written by Mr. Juuies Quilliam, who is Mr. Govott's clerk, but in writing it ho did not prepare it for Mr. Govctr, but as my friend. Mr. Govetl Irid previously advised me to hnvu such a balance-sheet prepared in ca^e oC anything turning up afterwards. By something turning up I mean that in cue misfortune overtook mo subsequently, and I could not pay my debtp, it would bo advantageous to bo able to show my solvency til that time Acconnn^ to tho balance-sheet t Do valuation of tho propeitios which I convened to my wife id £452 nett. I have been married tiuce January, 1873, and never before made a settlement on my wife. The reuson why 1 nndo it then was that, I then felt myself iv si solvent position and thought it prudent to make such provision in caho of nuything turning up." 1 tad then a family of little children. At that time I was getting ou very well at tho l\od Hoube Hotel, Mi\

Paul was my guarantor for £250 over••riift at the Nation.il Bank. I£ the National Bank had then asked mo to pay off my ovprdraf 1 1 could readily have done so by raising the money on my stock and furniture. I might have got a friend to advance £230 without security, and no avoided giving a bill of sale. I could have laised money to clear all my debts off, but perhaps not without giving security ovpr my stock and furniture, or selling out my interest in the hotel. I cannot show by any books, except my bank book, how I was getting on prior to October, 1886, or subsequently to that date, but I prepare a statement of the bills I met In the year 1886, I met bills amounting to £613, and only had assistance to meet one. Besides these I paid current accounts, ond £43 to Mr. Samuel for stamp duties and costs. I never told Mr. Paul, nor any of my creditor?, that I had made this statement. I cannot name any person to whom I mentioned the matter. Esccpts the receipt, which I hays, no recordß exist from which I could compile a statement of my receipts and disbursements since I went to the Red House Hotel. I have, also, the bank-book, but thai is not a complete record of payments, as many were made in cash. All the effects which I took from the hotel aro in the cottage where 1 am now living. Just after I went to the Taranaki Hotel, I got a safe from Mr. George, the price of which was £10. It was put in the hotel, but a day or two before I filed, and before I contemplated bankruptcy, I asked Mi. George to take it back, and I gave him 10s. for the use which I had made of it. I cannot say that Mr. Paul used any pressure to induce me to effect the exchange of houses with Mr. Coomber. He simply told me that he thought I could do better at the Taranaki Hotel, and asked me to consult my wife. Mr. Jackson proposed " That Mr. Grylls be allowed to retain the piano, ia addition to £25 of value, as allowed by. law." Seconded by Mr. Sole, and carried unanimously. Mr. Grylls returned thanks. Mr. Cock proposed " That if so advised the Asbignee take steps to recover the safe handed over to Mr. George." Seconded by Mr Sole, and carried. The meeting closed.