"SMALL CREDITORS.

Dominion, Volume 3, Issue 845, 17 June 1910, Page 5

"SMALL CREDITORS.

ASSIGNEE'S REMARKS RESENTED. SOME PLAIN TALK. "GIVE HIM EVERYTHING." Some plain talk occurred'rit a creditors' mooting, which W.'.s held bet'ere the Official Assignee (Mr. A. Simpson) yesterday. Tho meeting hud been callcd to consider the afl'airs of Holland Andrews, architect, of Wellington. , On April 25 last bankrupt applied for his discharge at the Bankruptcy Court. His application was supported by a resolution in favour of the discharge being granted, this resolution having been passed at a previous meeting of his creditors. Mr. .Justice Cooper refused tho application, v, Inch was opposed by the Official Assignee (Mr. A. Simpson), on tho ground that the bankrupt had lived extravagantly, ami had not kept proper books. There wero only ten creditors present at the meeting which passed tho resolution the discharge; the mover was 11 creditor, while tho Seconder had ISs. owing to him. His Honour considered that the Court could hardly act 011 the rcconunenda-ti-on of so. small 11 meeting. Another meeting would require to be held in order to obtain a more representative opinion, and the application in the interim would be adjourned. Evidence led as to the bankrupt's affairs was to the effcct that he started business £170 in debt, and after threo years' work his liabilities stood at Xl 4-1 15s. 9d. Ho hail been six months in tho hospital as tho result of aoi accident, there had been sickness in his family, and his largest ' creditors wore medical men. Ho denied that he had lived extravagantly,'having supported a wifo ajid five children for threo years on a sum of J!7S2. In pursuance of his Honour's directions, the second meeting was duly held at Hie Assignee's office yesterday, 15 creditors being present or represented out of a total of 21, their financial representation amounting to about .£'2oo. Mr. Young appeared for t.li-e bankrupt, who was present. In opening the proceedings, the Assignee reviewed the history of previous events, and explained his attitude in opposing the bankrupt's application for discharge, submitting that lie had bsen perfectly justified i» so doing, as -his Honour's decision showed.. There wero two questions which creditors would bo asked to decide: First, whether tho resolution passed at tho previous meeting be confirmed, 01, another , resolution passed, and, second, whether the whole of the furniture could 1)0. handed over to tho bankrupt's wife, as directed by the previous meeting. The bankrupt, was entitled under the Act to .£25 worth of furniture and the tools of his office. That being so, the wife could only jeceive what surplus remained after handing the bankrupt: liis share as provided by the Act. Tho bankrupt evidently was under tho impression that the whole of the furniture should be liunded over to.his wife, as per resolution, and that, in addition, ho himself had a claim. Another point to bo settled was whether tho phrase in the resolution, "the furniture as valued," should include tho office furniture—about ill worth. Ho (the Assignee) did not. think so. , Mr. Young understood that tho intention apparently .hod been to give the bankrupt's wife the whole of the furniture. ■ • Several of the .creditors' agreed that that wa.s so. Mr. Young, continuing, suggested the Assignee, in tho Supreme Court, had ca-st some suspicion 011 what had actually been a bona fide l-esolution. The Assignee: . None whatever, Mr. Yonng. None whatever. Mr. Young referred to a newspaper report of the proceedings, but was interrupted by the Assignee, who remarked that ho 'did not pay any attention to newspaper reports. oIKoe had its ov.n records. . ' Some argument ensued as to whether the resolution with regard to the furniture was intended to include everything under that head. . "What is the use of quibbling? said one of the creditors impatiently, "t.lio bankrupt has no means. Give him everything." , ' The mover of the resolution m question pointed out that when he moved the proposition, he intended it to , include everything—household or office furniture. The Assignee said that some misapprehension appeared to exist. What was wanted was a definite opinion. Thero had been collected, as due to the bank-, rupt, .614, and there was.also a prospective payment of £21) from the Marine Jin-' gineer's Institute, which bankrupt had designed. It would bo possible to pay off arrears of rent and tho expenses of the petitioning creditor. Mr. C. Smith then moved: "That this meeting of creditors desires to recommend the discharge of the bankrupt,- as it considers he is an honest, although unfortunate, man." Mr. Davies seconded tho motion, and hoped that in the subsequent proceedings in tho Supreme Court the Assignee would not repeat the remarks 110 had made about tho small creditors. Thb Assignee; I .think you are out of order. Mr. Davies: You will have your say before the judge. I will not. These small creditors ropresenfe actually more in their total claims than some of tho larger creditor do in their larger claims. The Assignee pointed out that 110 had done his duty in the matter. Mr. Davies, continuing, said that at the previous meeting the largest creditor in the estate was present, The Assignoo denied this, hut several creditors supported Mr. Davies's statement, an endorsement which received furthor emphasis from the "largest creditor" in question, who asserted positively that lie was present nt the meeting. Mr. Young said that their grievance was that the resolution in question was belittled ill the Supreme Court. Tho Assignee, said that he had been quite justified in what lie had said. The bankrupt had'"tried to work a point" with the furniture. Tho bankrupt: I simply asked if tho office furnituro was mine or not, and was told that it. was mine. Mr. Young said that thero had been no intention to deceive the creditors. The motion was then put and carried. The meeting further resolved, 011 the motion of Mr. Mack: "That tho resolution passed by the creditors giving all tho furniture, both household and office, to the bankrupt's wifo,-be confirmed, tho bankrupt undertaking to mako no further claim 011 tho estate." This closed tho meeting. Tho Assignee stated that the resolutions would be duly placed before the Supremo Court.

It is stated (says our Masterton correspondent! that the relatives of tho late llr. M. Qiiirke, who was shot during tho Powelka "chase in I'nlmerston North, intend petitioning Parliament for a compassionate allowance.