ALLAN HOPKINS ESTATE.

Star (Christchurch), Issue 16530, 14 September 1921, Page 4

ALLAN HOPKINS ESTATE.

MEETINC OF CREDITOR 3. ADJOURNED SINE DIE. An adjourned meeting of creditors in i.'io bankrupt estate of Allan Hopn,rs was continued yesterday afternoon a 4 j the Magistrate’s Court, the Official Assignee (Mr A. W. Karnes) presiding over a very large attendance of creditors, Th© bankrupt was not present, it * —ing reported that medical certificates had been given that he was not in a fit state to attend the meeting. Mr A. T. Donnelly, Crown Solocitor, was also present. Air Hunter said that Hopkins had borrowed £1750 from Mr \\ . Izard in January or February, 1921, just prior to going to an asylum. It was supposed to be borrowed to pay Bell the purchase money of the C oronation estate. What had become of the money? The Assignee said that Bell received £950. and the balance went on account of overdue interest and costs to Air Izard.

Mr Hunter said Hopkins had received £4OO from Mrs* Stagg in December, 1920, in respect of a property in Hereford Street.

“ That went to pay off a mortgage to the Douglas trustees and released sections at New Brighton,” said the Assignee. Mr Alpers said that Mr and Mrs Edwards, an old couple, had taken action privately to make Hopkins a bankrupt. This old couple had lost £(500, which was practically their all, and they lind incurred the whole costs of the action. There had been large expense in various ways, especially as Hopkins was a boarder in a mental hospital at the time. He moved that the estate should reimburse Air and Mrs Edwards up to £SO (he believed the amount was just over £4O). Th© Assignee said that if it was the wish of the creditors he thought he would be able to pay under section I*2o.

It was resolved to authorise th© Assignee to indemnify the petitioning creditor in regard to costs. Mr Donnelly said he had been asked to recapitulate the steps taken to enbur© the attendance of bankrupt at the meeting. Towards the end of August. all furniture having been sold from the New Brighton property, Airs Hopkins arranged with the Assignee that Mr Hopkins should go to Wellington to the address of a son-in-law, where he would be accessible when required. On September 3 the information reached the Assignee indirectly that th© bankrupt had left for Auckland. Mr Donnelly took steps under the Bankruptcy Act to have Hopkins arrested for breach of the Act in having left his address. Before the proceedings were completed for the obtaining of a warrant it was ascertained that he had left Auckland again, and returned to Wellington. The position in Wellington was investigated by the police, and it was ascertained that the bankrupt was there. A subpeena was then served on Hopkins calling on him to attend the meeting that day. Mr Donnelly then received a medical certificate that Hopkins was unable to travel and be present at the meeting.

Voices: Oh ! We have heard that before !

That certificate, continued Mr Donnolly, was not regarded by the Assignee or himself as being satisfactory, and he caused the police in Wellington to make inquiries, and had Hopkins examined by two medical men—one Dr Hardwick-Smitli and the other Dr Hendry—and both reported that Hopkins was utterly unfit to attend. In view of the medical testimony it was impossible to arrange for him to be present.

Air Ouningham said that before the Assignee took possession of the deeds and other documents in Hopkins’s office the office was in charge of Air Luther Hopkins and a young girl. No deeds of any nature were handed out to any solicitor representing creditors. A mortgage securing £250 to one of his clients was in the office. He saw the deed there and perused it. The young lady in the office saw it, and the clerk Mr Lush), who drew it up, remembered it. 'When the deeds were shifted to the Assignee’s office this document turned out*, to be non est, and his client would suffer the loss of £250 if It was not found. Could Hopkins, if he was capable, give any information about it, or could his son do so? A number of other deeds Had disappeared that should be in the Assignees’s office. The Assignee said that he had given a receipt for everything that came into liis hands, but there were titles in the name of Elam missing. This wa6 on© of Elam’s. Air Cuninghnm : Has anything been done in the way of asking Air Luther Hopkins about them? The Assignee : Air Luther Hopkins is in Sydney. Mr Hunter: Should he not be subpoenaed ? Th© Assignee : If we bring him back as a necessary witness it will put the estate to a lot of expense. You have no other power over him except as a necessary witness. Air J. Goodman: Who had charge of the deeds between the time of the deed of assignment and your taking possession ? Tht> Assignee: I can only say I received them from Air Flesher’s office and gave a receipt for everj’thing that was banded over. Air Alpers: They were in the hands if the trustees from the time of the private assignation, and I suggest that if you know’ Air Luther Hopkins’s address you should write to him and invite him to return to New Zealand. Mr Hunter said that a client of his tad paid £SO to th© trustees after they r«ro appointed on account of a mortCage, -which he believed Hopkins was paying off, and of course Hopkins was Soing nothing of the kind. On making application to the Assignee for a refund of the £SO as having been paid vfter th© act of bankr iptcy, he was informed that all the money received from the trustees was £2ll—and £SOO r>r so had apparently gone somewhere. It was not right that his client should have to take proceedings to establish his right to the money. Th© Assignee said that the trustees had collected £507 16s sd, of which they had paid £66 6s to th© gardener, £75 to one set of accountants and £2l to another. When Hopkins closed down there were certain cheques issued which were dishonoured, and the trustees paid £l2O 6s lOd, which, he understood. not only honoured the cheques but also paid for certain wages. H© had received only £217 13s 7d, and he was approaching the Crown Solicitor as to the transactions of the trustees while in charge of the estate. Replying to a question by Air Alpers regarding the dishonoured cheques, the Assignee said that it was a question whether the trustees were not responsible for the whole sum of £507, because the act of bankruptcy dated back to th© signing of the deed. Air Hunter read a letter received from Mr Lush, who had been in Hopkins’s employ, stating, in reply to a question as to whether before he left 3. deed V. -jeen ed a* *-n the

£250 deposit with Hopkins, that up to the time he left the employ it had not been registered. Mr Hunter added that he quite approved of the Assignee’s action in the matter. The meeting: was adjourned sine die.