IN BANKRUPTCY.

Timaru Herald, Volume XIIC, Issue 13889, 28 April 1909, Page 2

IN BANKRUPTCY.

liE K. J. EDGAR. . lb will be remembered that at the last sitting of tile District Court in Timaru, 11. J. Edgar, of Seadown, was ordered to pay a sum of £2OO to Miss Benbow, for breach of promise to marry. Yesterday, a sequel to this judgment v.-as heard in Timaru', when the debtor having tiled his petition in bankruptcy, called a meeting of his creditors. The only persons present at the meetng were bankrupt and his solicitor (Mr F. J. Roleston), Mr W. Raymond (representing Miss Benbow), and the deputy official assignee,, Mr A. Montgomery. Bankrupt's filed statements showed: Unsecured creditors £l9l 19s 6d; property. £l2O us; deficiency, £7l 14s od. Thet unsecured creditors were as follows: —lluth Benbow, of Waitobi, spinster, £lO2 8s 4d; Walter Smith, Timaru, blacksmith, £5; Tripp and Rolleston £l6 6s; C.F.C.A., £2 5s 2d; W. H. Fossey, Timaru, labourer, £3; W. Daltou, blacksmith, Timaru, £2; J. Workman, saddler, Timaru, £1; total, £l9l 19s 6d. "

The particuras of the property owned by bankrupt are as follows: —Wages due "to date after allowing for £lO already advanced, £6 15s; three halfdrauglit horses, £45; hack, £3O; yearling' foal,. £7; gig £5; saddle, • harness, etc., £10; horse rugs, £1 10s; five shares in C.F.C.A., £2 15s paid up, worth say, £ls; five shares in Dairy Company £0; total £l2O os. \ln his sworn statement bankrupt said be worked for his father and lived on a farm of his at Seadown. He received wages from his father at the rate of 22s 6d per week, and this sum was paid by his father to the credit of his account at the C.F.C.A. In February last a writ was issued against him in the District Court at the instance of Miss Benbow-, claiming £SOO damages for breach of promise. At this time, besides the few horses which he used for working the farm and which belonged to, him, he had about £45 in cash in the C.F.C.A. His father made him an advance of £lO against his wages which paid him up to about March 10, and he (bankrupt) made an. offer of £SO to Miss Benbow in full settlement. This offer was refused, and he accordingly paid the amount into Court, this representing all the cash he possessed. When the case came to trial a verdict was given against him for £2OO. After judgment was given his solicitors put his position before Miss Benbow's solicitors showing that lie had no cash - at all, but had only the assets shown in his statement. Bankrupt also instructed his solicitors to say that his father would advance him a certain amount in order to compromise the amou'nt of the judgment, but Miss Benbow's solicitors replied that no reduction would be conceded. 1 hey insisted on payment of £IOO cash and said the balance could i stand over for a time. His father was not prepared to advance him the sum named and he (bankrupt) did not consider it right 'that be should ask him to do so. His solicitors therefore informed Miss Benbow's solicitors that it was impossible for him to find the £IOO in cash. About a week after this information was given the bailiffs were put- in on behalf of Miss Benbow and his horses and all his property were seized and taken off the farm. ; As all his property had been taken in execution, and lie had other creditors lie considered it his duty to file. The horses, with the exception o"f the hack, were bred by his father, and were practically presents' to him (bankrupt), he had looked after them, but had paid nothing for them. The assignee said that the horses had. been taken charge of by Mr Benbow and the question was as to what was the best wav to dispose of the stock. Should it be' sold at the Temuka saleyards or at Tattersalls yards, Timaru P Neither of the solicitors, present could offer an opinion as to which would he the better market, though Mr Raymond said he thought there should be more competition at Tattersalls. Eventually the disposal of the stock was left to the assignee after consulting Mr Mundeli, as auctioneer to the C.F.C.A, In reply to Mr Raymond bankrupt said that only one of the draughts was broken in, and there might be some difficulty in getting the unbroken ones into Tattersall's yards. This was all that could be done, and the meeting closed.