SUPREME COURT.—In Bankruptcy.

Auckland Star, Volume I, Issue 200, 30 August 1870, Page 2

SUPREME COURT.—In Bankruptcy.

TUESDAY, AUGUST 30,

[Bef< jre Sir George Arney, Chief Justice.]

RE HVMAN JOSEPHS.

The hearing of this case was resumed yesterday, at 12 o'clock. Mr. Weston and Mr. Hughes appeared on behalf of the bankrupt; Mr. J. B. Russell and Mr. MacCormick appeared to oppose. The trustees' statement of assets and liabilities in the estate was read by the Registrar. An epitome of this statement was given in the report of the case on a former day. His Honor read the report of the crossexamination by Mr. Russell at the. previous

hearing. Mr. Weston called the attention of the Court to the fact that at the last sitting bankrupt was ordered to produce a more complete statement of his accounts. This he had been unable to do, as the trustees would not allow him to have acce.s to his books.

Mr. Ru sell explained that the trus'ee would not allow him to be in his office all day long. Cross-examined by Mr. MacCormick : I returned from Sydney on the 9th. I ordered goods in Sydney through McArthur, Shera and Co. I bought goods in Auckland perhaps to the extent of £50 or £100.

Mr. Weston again stated that the bankrupt had not been allowed proper access to his books.

His Honor said the trustee was quite right to keep a proper supervision over the books.

Bankrupt handed in a statement of his accounts as he had been able to make them up. He said he wished to show the Court that he had every disposition to give the Court every information. His business had increased in such a manner that he thought that he was fully justified in doing what he did, but things took the other turn, and hence his bankruptcy. The trustee accused him of this, that, and the other, and then wound up by saying that he could not understand the books at all.

Cross-examination continued : As to the entry of Benjamin Harris and Co., in the month of January, for goods bought, £185 145., and Clark and Son, on the 28th, goods bought, £50 12s. 6d., if they are entered they must be correct. They might have been bought at various times, and entered at the end of the month. On the 31st I bought goods from E. and H. Isaacs to the amount of £149 7s. 7d. I gave a promissory note for that amount. I afterwards returned some of those goods, and got the note back, and gave another. In addition to these goods I purchased small lots to the extent of, perhaps, £50, or £100. I had to borrow money from L. D. Nathan and Co., and A. Clark and Son, to meet promissory notes due to them. I borr wed from Nathan £35, and £55 from A. Clark and Son. In the month of February I bought goods from. Oiark and Son to the amount of £12 3s. Id., and £2 3s. 6d. from Gregg and Co. ; 16s. and £2 10s. from T. and S. Morrin ; £6 3s. lOd. from Fugate ; £3 16s. 6d.,;and from Clark £3 Os. 7d. I bought goods from Hymansen, in Sydney, to the amount of about £140; but I never received them. The goods bought in Melbourne and Sydney were sent to Tonks and Cohen's, auctioneers. Cohen had goods to the amount of £1000 in his hands. 'Ihey were sent there in my absence. Woollan and Co. have got no payment for their goods. Unfortunately Ido not know what they realised. They cost £183 ; but I have never seen the account-sales. Tonks gave me an account-sales, but I have given it up to the trustees. The trustees would have nothing to do with me, and yet I was the only person who could give them any information. The goods were not put into auction by my permission. If I had been in Auckland, they never would have gone to auction. I would have called a meeting of creditors when I had a good estate, and not when I had a bad one. Tonks had a lien on the goods he had for sa'e to the amount of about £400. The invoice of goods from Sydney amounted to about £1,370. All these goods Tonks had in his possession, and claimed a lien of £400 over them. He commenced to sell immediate y on receipt of the goods. The goods realised more than £400. I did sell goods to Lee immediately afterwards. He gave me bills to the amount of £500. I received the goods back, and the bills became accommodation bills. j