BANKRUPTCY COURT.

Taranaki Herald, Volume XLII, Issue 9777, 16 August 1893, Page 2

BANKRUPTCY COURT.

Tuesday, August 15. — Before R. G. Bauchopo, Esq., D.O.A. MEETING OF CBEDITORS. The first general meeting of creditors in the estate of Ida Mary Cleland, general storekeeper, waa nold in tho D.O.A's office on Tuesday at 2 o'clock. Present : C, Midlane (Bing, Harris, & Co.), J. Rauison (Sargood Son, and Ewon), W. H. Pillar, J. 8011, A. Cleland, W. B. Davies, H. J. Goodman, O. Burgess (Burgess,Fraßer & Co, and Heather & Co.), W. Walton (Boyd and Tantield), and D A. Lealand. Mrs Cleland was presont, and was represented by Mr Standiah. The Assignee stated that the statement of assets and liabilities had been published the liabilities (unsecured) being £1274, and the assets £850. Mr Ramson remarked that the liabilities bad increased by £200 Bince Mr Cleland made a statement at a private meeting of creditors on June 19 last, The Assignee explained that nearly all the difference was made up by Mr Cleland's claim against the estate, which amounted to £198. The Assignee then proceeded to state that he had got the stock valued by a competent man, who estimated it to be worth £631, and looking through die book debts which were Bet down at £170 (estimated to produce £150) he would say that not moro than £100 could be collectod. Some discussion took place on Mr Cleland'B claim in the estate, but Mr Stundish pointed out that under sec 5 of " The Marriei Woman's Property Act " all the other creditors would have to be satisfied bof ore Mr Cloland could participate in his wife's estate, and the creditors had, therefore, nothing bo foar about Mr Cleland'a claim. The D.O A. then referred to a payment of £18 interest to Mr Pillar, and said it was a question whether the payment was preferential, being made within the prescribed time before bankruptcy. This was a matter he would look into* The private depositions of bankrupt as published yesterday were also read. Mr Midlane (to Mr Cleland) : Was not tho business carried on under your own name? Mi Cleland : No ; never. Mr Midlane wanted to know if tho business was not carried on undsr the name of A. Cleland. Mr Cleland : I did not give any initial. Mr Midlane ; Was the business not advertised in the newspapers in your name, A. Cleland. Mr Cleland replied that if an advertisement appeared in his name it was his wife's advertisement. Mr Ramson : And your name was in the Almanac Mr Cleland explained that the name was put in by mistake. Mr Midlane: Did you buy goods from mo? Mr Cleland admitted that he bought goods for his wife from Bing, Harris, & Cj., the firm Mr Midlane represented. Mr Midlane: What name did you buy in? Mr Cleland said he understood that he bout^ht in his wife's natuo. Mr Midlane flatly contradicted this statement, as he said tho account would show that the goods were bought in the name of A. Cleland. Mr Cleland replied that the account was first opened with Mr Smith, who some time ago represented Bing, Htms. & Co. here, and the account whs then opened in Mrs Cleland 's namo, and not his. Mr Ranißon said that their account was opened in the namo of A. Cleland, and was in that name now. They had, however, both Mr and Mrs Cleland's names to tbe bills. Mr Cleland stated that ho could bring several witnesses to prove that the business was in his wife's name. Mr Ramson: Never. Mr Cleland replied that all goods bought by him were for his wife, and Mr Midlane, he learned, had got his name from Mr Asher, who worked for Mr Midlane, one day after he (Mr Cloland) had left the sample rooms. That was how Mr Mid lane got his name down for the account Mr Pillar pointed out that his papers would chow that all goodß were bought for Mra Cleland. Mr Clelard said tho bank book would show that money was paid into Mrs Cleland's account. Mr Standish thought that the object of tbisjineof questioning was apparently to transfer tbe bankrupty to Mr Cleland, and if such a course could be carried out the creditors would have no claim on this estate, would not be in such a good position. Mr Ramson replied that he quite saw the force of Mr Standish 's remarks, but be did net like a man to buy goods in his own name, and when trouble came to take refuge behind his wife. He, however, had both names to his bills. Mr Cleland explained that when his wife was away Mr Rimson came into his shop and asked him to sign bills, but he would not do so until Mr Ramson had persuaded him for some time. Mr Ramson said he did not remember Mr Cleland demurring to sign. Mr Pillar: I think you have a convenient memory, Mr Ramson. Mr Pillar >-a\d he understood that Mr Midlane asked Mr Asher the name of Mr Cleland ? Mr Midlane admitted ho did. Mr Pillar : If you wanted to find out his name why did you not go to Cleland. Mr Midlane : Don't talk nonsense. Mr Pillar retorted that he would be sorry to do business with a mm like Mr Midlane, who took names in such a way. Tho Chairman here interfered, and said that the discussion must cease. Ho pointed out that he had been through the books, and from what ho could learn from them tho business belonged to Mis- Cleland. After further dibcussion Mr Ram6on moved, that tho stock be sold by private teudor in three lots, namely drapery, grocery, and crockerywaro, and that the satue be udvertisod in New Plymouth, Hawera, and Wanganui. Seconded by Mr Burgess and carried. Mr Pillar and Mr Ramson had a slight passage at arms, after which tbe meeting adjourned.