MR. KNYVETT IN COURT

Dominion, Volume 3, Issue 897, 17 August 1910, Page 5

MR. KNYVETT IN COURT

SUIT FOR DEBT. BKOAD HINT FKOM MAGISTRATE. Ex-Captain Knyvett, whose 'military' career has gained him considerable publicity during the past few months, had his commercial affairs touched upon yesterday in a civil action, heard in the Magistrate's Court, before Sir. W. E. Haselden, S.M. Tho case was ono in which tho Parsons Trading- Co., of Weir lington, applied for a judgment order against Frank B. Knyvett, late of Auckland, but now commercial traveller, of Christchurch. The amount in question was .£l3l ss. lid., for which judgment was obtained on July 7 last, at Wellington., Mr. Luke appeared for tho Parsons Trading Co., and Mr. H. H. von Haast for the defendant. . When the case was called, defendant went into the witness-box, and was crossexamined by plaintiffs' counsel concerning his lato business I in. Auckland, and the present state of his affairs. In answer to a question as to a partnership that had existed, the defendant replied the firm consisted of himself and a . Mr. Foubister. Foubister'a brother had guaranteed them.

Mr. Luke: .When did the firm cease business?—" About tho end of May last." Mr. Luke: Did you sell the goodwill?-*-"No, we sold the stock for- .£217 or thereabouts. The amount was covered by bills."

Mr. Luke: Do you know whether th« bills were handed over to Foubister's brother?—" They were handed over to him to extinguish a debt of £200." The wituess had been turning towards the cross-examining solicitor when the last couple of questions were nnswered, and his speech, not very audible! caused the ■' magistrate to remark: "Will you please remember that I want to. hear what you say?" Witness repeated that the bills had been handed over to his partner's brother.

Mr. Luke: Is any attempt being made to get in the book debts? —"yes, they am being' collected at the present time." Witness further stated that there should bo assets of about. .£2OO. and thero was in hand .£7O or .£6O. The money was being banked in trust.

The magistrate: You're not banking it? -"No."

Mr. Haselden asked witness a few further questions regarding the condition of the firm's .Banking account, and then plaintiffs' counsel again took up the cross-examination. Referring to a news: paper account of a recent nieeting in Auckland, Mr. Luke asked witness if it were true that. he had ■ stated that, though the volunteer company of which , ho had been captain was indebted to him, he would not take a penny back. The magistrate (to witness): Are you exCaptain Knyvett?—"Yes. I was captain."

Mr. Luke: The papers also said, Sir. Knyvett, that yon catne specially from Christchurch to attend the meeting—that must havo cost you .£ls or .£2O, and that sum would have materially reduced your debt.

Mr. Knyvett: I'm not responsible for what appears in the papers. In answer to n question as to his present position, witness stated that ho was traveller for a firm in Christcuurch, but said that he would .probably lose his position through being here. His salary was Xβ u week. That amount, he explained, was gross, not net. Mr. Luke: Have yon made. any attempt to pay this amount—we have given you plenty of time?—" That is what I went to Auckland for. -1 asked if they would accept 10s. in tho £. The magistrate: Why did you not call a v meeting of creditors ?—"Because I don't wish to become insolvent." The magistrate- You will go on till there is not a penny left. v In- answer to further questions, Mr. Knyvett said that the amount of the liabilities was .£220, but added . that this represented the excess of the liabilities over the assets.

The magistrate: What, are the gross debts?-"About .£370 or ;E380." The magistrate; Nearly .fel0O?-"Yes." The magistrate: Of course, we know what assets realise.

In answer to Mr. von Haast, witness stated that there were, machines on time-payment which would be bringing him in money. Continuing, he said that, though embarrassed at present, he hoped to be financial in two or three months time. The magistrate: You will have to do something. I,,don't want to, send you to gaol. Call a meeting of creditors, and make them an offer or do eainc•Mr. von Haast' remarked that hin client had been in the public eye a good deal lately, and that was probably tho reason why he was s sued instead of his partner , , who was well able to pay. To this, counsel for plaintiffs rejoined that it had been left to them to find that there was a partner in the business, and they only knew of his existence three weeks ago. The magistrate said that it was not right for any debtor to tell his creditors to make him bankrupt for, while it was an expensive matter for the creditors to make him bankrupt, .the debtor himself could file a petition at small cost. _ In this case if an order were made against defendant ho would probably go bankrupt,- but the ' defendant should ■do so without an order. ' ■• Mr. von Haast:' His partner' is finanTl'ie magistrate: They should make them both bankrupt. The case was then adjourned for a fortnight, to allow debtor to meet (his creditors and go ;into the' matter.