In Bankruptcy.

Feilding Star, Volume XVII, Issue 35, 9 August 1895, Page 2

In Bankruptcy.

/ # ! A meeting of creditors in the bankrupt estate of Wm. Goodwin, of Pemberton, was held in the Feilding Court House yesterday afternoon. Thoso present were the D.O. A. (Mr <x. J. Scott), the debtor with his solicitor (Mr L E. Reade), W. A. Sandilands (instructed by Mr Sandefuau on behalf of A. H. Tompkins and others), N. Gorton (representing Gorton and Son, £42 4s 7d), A. H. Tompkins (£39 10s), O. Cooper representing Abraham and Williams £8 2s 3d, and Barraud and Abraham £29 19s 2d), G. H. Saywell (£3 12a 9d), J. Prior (£56 4s 3d), G. L. Lay (£2O 2s 7d), W. G. Haybittle (Bartholomew Bros (£8 Is lld). Mr Sandilands also represented Lowes and Jarvis (£42 12s 4d) and J. H. Richardson (5 13s 7d) and Mr Prior represented T. R. Chamberlain (£62 lis 6d) and R. H. Carter (£ls 5s 3d). The list of assets and liabilities filed by debtor were as follows : — Liabilities— C. J. Allen, L52 15s 9d ; T. R. Chamberlain, LSO ; A. H. Tompkins, LBS ; Gorton and Son, L39 4s 7d ; Barraud and Abraham, L26 16s 2d ; Q. L. Lay, L2O 2s 6d ; Lowes and Jarvis, L4O ; G. T. Bryan, Ll6 12s ; Simpson and Pawelki, Ll4 j Mrs T. M. Jackson, Ll2 ; R. H. Carter, L7 ; Bartholomew Bros. L 8 5s ; A. Pettigrew, L3 ; T. Wood, L 6 os ; G. Boggis, L4 ; J. Richardson, Lo ; S. J. Hunter, L5 ; J. Laery, L 5 7s ; 11. Mcßay, L 5 12s ; total, L 407 17s. Secured creditors : — Abraham aud Williams, LIO, estimated value of security L 25. Assets — Interest in deferred payment section 24, Marshall village, estimated value L4O j cash due from the Kiwitea County Council L3O ; furniture, Lo ; surplus from securities in hands of secured creditors, Lls ; total, L9O. Tha debtor, in his sworn statement, attributed his present position to his not being able to work for four months out of the past twelve, owing to bad weather ; having met with a serious accident about last November, and that the contract he was working on at the time of the accident proved unremucerative. Debtor said, in reply to questions by Mr Cooper • He remembered tel« ling him (Mr Cooper) that he mad© over four horses, two drays and harness to one of hia sons, in payment for wages ; this was after he met the accident (about December last year). To Mr Sandilands : His sons had not received money for wages excepting on the Terrace road job ; about a fortnight after his accident he transferred four horsos, a dray and harness to his eldest son as a complete squaring up for threo years wages, up to tho end of November 1894 ; transferred to his son Herbert two mares, one dray and harness ; after the sale note was signecl, the teams went to woik on a contract with McDermott in which witness waß interested as a partner j witness was laid up while work was proceeding on Terrace road ; witness' son in-law, G. T. Bryan, looked after the men and kept their time ; owed Herbert for two years wages, at a Ll a week and found ; the dray he sold to his son was worth LIO and the two horses were worth about L3O j it was on account of a fear that he was going to die that he transferred the teams to his sons ; his son William sued him recently for L 45 and he (witness) confessed judgment ; could no say bow it was his sons, in the summonses, claimed for wages from October Ist, 1894, to May 25fch, 1895 ; wben sued by his sons and son-in-law he was not able to pay 20s in the L, and in confessing judgment allowed tbem to mop up the whole of the money (L 117) due to him by tbe Pohangina County Council, P. Hackett also sued witness and tbis was paid out of the Pohangina County money ; did not know what he owed at the time his sons sued bim ; was in difficulties at tbis time ; bis sons gave witness' wife at least L2O of the money obtained from the Pohangina County Council which amount she. gave to witness j kept no record of how tbis money was spent ; his wife has a section at Rangiwahia, on which was a stable and a hall ; it cost about £150 to build the stable ; paid for the day labor out of his own money ; Lowes and Jarvis and Bartholomew Bros supplied the timber, wbich was bought in his name ; had only paid a portion of these ac : counts ; the ironmongery for this building was bought from Mr Lay ; his wife did not owe him anything on account of tbis building, she having given witness cows to sell for the purpose of raising money to buy horses ; the section, con, sisting of two acres, was to cost £70 j £40 of that amount has been paid ; paid one cheque of £10 and his wife paid the remainder. To Mr Prior: Witness wife has repaid tbe £10 paid for the section ; tho sons did not give tbe whole of tbeir money to their mother ; £71 went to his sons from the Pohangina County Council; tbe youngest boy handed over the whole of his money to his mother ; believed bis wife got £40 out of tbe £71 ; £40 was paid for board ; gave a hack to his son just before last November ; bis wife owns two cows, four horses, and two sulkies ; gave the money to pay a part of cost of the three drays tbey bought from tbe makers ; tbis money was paid to bis son as he (witness) had been lent money by bim ; bis son bad money before be went to work for witness ; remembered going to Mr Allen for a loan in June last ; did tell Mr Allen be bad drays on tbe job ; did not tell Mr Allen he (witness) was the owner of property to tbe value of £550 ; might have told bim tbe properties were up there, but did not say tbey were bis ;' bis son bad purchased, horse feed ; but tbe name being similar it was charged to witness. " •"'■" ' To Mr Reade : An attachment ordes was obtained against money due to witness by tbe Pohangina County Council at the instance of Tompkins and Co ; told his sons of the position and steps were taken by them to protect themselves. Mr Cooper proposed, and Mr Prior seconded, That in the opinion of this meeting a public examination is necessary .—Carried. Proposed by Mr Prior, seconded by Mr Cooper, That tbe D.O.A. be asked, fa enquire into the validity of the transte^ o.f teams to debtor's sons, dated soma time-about December, 1894, Alsjo, th§ validity of judgment suffered by the debtor to be entered against him by his sons and son-in-law, and whether the monies paid under such could not be recovered from the persons to whom paid ; and that .steps be taken uuder sub-section B of section 77 of tbe Bankruptc3 r Act, to obtain from bankrupts wife tbe whole of the monies, including purchase money expended by the busband on tbe wife's- property- atßaiigi; wahiaA- Carried, ' ' " ''' This was all the business and the meeting adjourned.