HERRMAN LEWIS.

Dominion, Volume 7, Issue 1870, 2 October 1913, Page 8

HERRMAN LEWIS.

ORDER MAKING HIM BANKRUPT. HIS DISAPPEARANCE. THOUSANDS DUE TO CREDITORS,

His Honour tho Chief Justice (Sir Robert Stout) yesterday morning mado an order, under tho 'Bankruptcy Act, 1908, djudging Herman Lewis,', of Lower Hutt, Wellington, a bankrupt. Tho debtor has disappeared. His debts total soino thousands of pounds. The petitioning creditor (for whom Mr. A. Dunn appeared) was Charles Pratt, financial agent, of Wellington.

The petition, which was filed on August 14, set out that petitioner carries 011 business under tho name of Charles Pratt and Co. Lewis is indebted to him in tho sum of £200, this being a balance owing to one Charles Albert Wells, painter, of Wellington, lor work done, yud tho debt being now assigned to Pratt. Charles Pratt is also the holder of a cheque for £450, drawn by Lewis on tho 'Bank of New Zealand, at Wellington, and dated July 12, 1913. This cheque was dishonoured, and tho amount is now duo. The act of bankruptcy alleged against Lewis is that, on or about July 19, 1913, ho left his dwelling-house at Lower Hutt, and has sinco absented himself, with intent to defeat and delay his creditors. Petitioner has no security for' tho two debts. "Ho Had Had Very Bad Luck," Tho petition was supported by several affidavits. One of these was by Mr. Dunn, the petitioner's solicitor. Mr. Dunn s statement was that ho had met Lewis in the street in Wellington in July last, some little time before his' disappearance. Lewis then said that ho had had very bad luck in certain financial dealings, and that his concerns were all going wrong. On August 14,. acting under instructions from one Frederick Hill, Mr. Dunn presented a cheque for £400, drawn by Lewis on the Bank of New Zealand, at Wellington. The cheque was dishonoured. On September 21, 1913, Mr. Dunn presented a promissory lioto for £385 in favour of himself. Tho noto was dated March 20, 1913, and purported .to be payable six months after that date at the Bank of New Zealand, Wellington. The note was dishonoured. On July 30, 1913, one William Fdwiir Holloway, hotelkccper, of Wanganui, recovered judgment against Lewis in the Supreme Court for £1830 3s. lid., together with costs £13 155., and tho same day a bankruptcy notice was issued out of the office of the Court. Mr. Dunn had reason to believe that this notice, was nover served on the debtor, owing to iiis disappearance, although every effort had been made to find him. On July 24 a bankruptcy notice Was also issued in respect to a judgment for £'2703 13s. 6d., with costs £13 17s. 6d., recovered by Algar Temple Williams. This notice.alsohad not been served on Lewis. The furniture in tho. debtors house at Lower Hutt was sold by public auction on August 21 and 22 last, at the .instance of the Empire Loan and Discount Coy.; Ltd., the holders of a bill of sale over it. The land and residence at Lower Hutt formerly occupied by Lowis is now' being advertised for salo by public auction, by tho Registrar of tho Supremo Court of Wellington, at tho instance of the second mortgage© of the property. Mr. Dunn also aeliovcd that tho Ngatapa Bun, situated somo distance from Napier, and.' owned by Lewis, is being advertised for salo by tho Registrar of tho Supreme Court, on bphalf of tile second mortgagco, Mr. Mason Chambers, of Hawkc's Bay.

Some of the Debts. The affidavit'by Charles Pratt stated that lie was well acquainted with Lewis. For some years prior to July 19, 1913, Lewis had resided at Lower Hutt with his wifo and family, but on that day ho left his home. Diligent inquiries made in Lower Hutt. and -Wellington had failed to ascertain his whereabouts. He believed that Lewis left Wellington bv the Auckland express 011 July 19, but, although lie had made othe£ inquiries he had been unable to traec his movements further. He had interviewed Mr. Dalziell, of the firm of Findlay, Dalziell and Co., who had hitherto acted as solicitor . for Lowis. Mr. Dalziell said that he could not tell Lewis's whereabouts, and believed ho had gone for good. Mr. Dalziell said further that Lowis was harassed financially; that one of his big mortgages was foreclosing, as all liis big deals had gone off; that. Lewis did not wish to become bankrupt again, as he was at present an undischarged bankrupt in New South Wales; and that ho had many creditors in Wellington for large amounts. Mr. Pratt gavo particulars of several other of Lewis's debts, of which he had personal knowledge. Amongst the creditors were:—Halliday, settler,.. Wellington, £2900; 0. Beere, solicitor, Wellington, £300; John Sidney Swan, architect, Wellington, £300, besides professional fees. Prior to his departure Lewis had made 110 arrangements for payment of those debts. Another Affidavit. Thomas Albert AVells, in his affidavit, gave particulars of the painting work which 110 had done for Lowis. The total sum duo for the work was £065 ]75., of which tlio debtor had paid £465 lis., leaving a balance of £200, which had never been paid, despite frequent applications. Ho had interviewed the debtor's wife, who came into tojvn to icsido after her husband's disappearance. Sho said that sho did not know Lewis's present address. The debt of £200 had been assigned by Mr. Wells to Mr. Pratt, tho petitioner in the present case. How Did Ho Co? There was also an affidavit by a fel-low-passenger stating that Lewis had left Wellington for Sydney by the boat sailing 011 July 19 last (the day 011 which Mr. Pratt tho.nght he had left by train for Auckland.) ' When tho case came before His Honour in Chambers yesterday, Mr. Dunn said that, in accordance with previous direction by tho Court, tho petition had been served 011 Lewis's wifo, and left at his late residence at Lower Hutt. Tho debtor, however, had made 110 move. His Honour: Where is he? Mr. Dunn: There is a doubt about that.

His Honour: Ho can't make a move if ho doesn't know anything about it.

. Mr. Dunn: It is established by affidavit that ho loft for Sydney about July 29.

fiis Honour: Who was in the residence ?

Mr. Dunn: The mortgagee was in possession, and. the other petition was served cn Mrs. Lewis, who was still tliero. Application had been made to her to state where her husband is, but sho siad she did not know. Application had also been made to his solicitors, and they could throw no light upon the matter.

His Honour: Very well; I shall make tho order.

Mes=rs. ITarcourt and Co. have received instructions from Messrs. Lee mid Wilful, Sheffield, to sell by auction, at thenrooms, 105 lambton Quay, to-day and Friday, at 1 p.m„ the whole of tlioir Now Zealand stock, comprising Sheffield plate ami silverware. 1

Mr. .las. Calvert, tenor vocalist, intimates that he has vacancies for a few students. Address: 8 Adelphi Chambers jton floor),