IN THE MATTER OF E. GILLETT, A BANKRUPT.

Daily Telegraph (Napier), Issue 3799, 18 September 1883, Page 3

IN THE MATTER OF E. GILLETT, A BANKRUPT.

At the Supremo Court House yesterday afternoon a meeting of the creditors of Edward Gillett, fruiterer, was held. There were twenty-four creditors present, all of whom deposited affidavits of debts amounting to £397 18s, and amounts named not proved amounted to £09 10s. The assets, so far as known, arc £68, proceeds of sale of stock in hands of Mr Ryan, and the book debts, stated by tho bankrupt at £07. Mr E. W. Knowles was elected chairman of the meeting, and tho debtor, who was questioned considerably by several creditors through the chairman, made tho following answers on oath:—- _ I have filed only once previously. My name is Edward Gillott, not Edward I Gillett Bickerton. I compromised with my creditors once only at Masterton. I was not prosecuted for fraudulent bankruptcy. . My shop was closed by my instructions. Charles Tilley was in charge of tho shop for some days before the sale. My reason for instructing Mr Ryan _to sell was that I found I was not in a position to meet my engagements. I was not advised by Mr Cross to placo my stock in Mr Ryan's hands for sale for tto benefit of tho creditors. t I have all goods entered in my day-book that left my shop other than tlio.se sold, about £30 or £-10, for instance Messrs Monteith, Davidson Irvine and Co., Hardy and Sidcy, and Wight . I came to Napier and started business £00 to the bad. . I have two books, one a day-book oi book debts, a rough book, and a bank book, besides those here. I cannot state what business was done from the 23rd August to Ith September. My books will show what cash I received between those dates. Mr W. Cooper was present when I instructed Mr Ryan to sell my stock. It was in the evening of the day I took the advertisement to tho Herald for insertion. ILid Mi , Heslop presented the cheque for u€2o, amount of first bill, on tho day I g-avc Mt him, which was Saturday, the cheque would have been paid, us I had provided funds for it.

I did not -nvc an order for the whole proceeds of the sale by Mr Ryan to be paid to any one person, except for the £30 overdraft secured by two persons. _ Afterwards stated: I did give an order to Mr Cross to receive the proceeds of sale for the benefit of creditors. I did ask Mr Ryan for the account ot proceeds of the sales. I did not ask for the loan of £20 from Mr Watorworth on account of the proceeds of the sale impounded by Mr Ryan. I did not instruct any solicitor to demand or sue Mr Ryan for the money if not paid over at once. , For some time past I saw that .L was going to the bad, and resorted to borrowim>- from friends to keep mo going. 'Three or four months before- the sale I know that I was to the bad. My reason for having borrowed money from Mr Heslop was that I expected to pay the same back out of my business. _ Mr Frank Garner was, by a unanimous vote, elected trustee in the estate, and in writing accepted the position. _ A resolution was carried unanimously, " That the trustee consult Mr Logan as to whether he can prosecute the debtor for fraudulent bankruptcy, and it Mr J-Agan s opinion be favorable to such a course that the trustee bo authorised to do so, the expenses of such prosecution being made a charge upon the estate. ■' , "The meeting then closed after having passed or vote'of thanks to the chairman.