IN BANKRUPTCY.

Gisborne Times, Volume VI, Issue 198, 28 August 1901, Page 3

IN BANKRUPTCY.

G. SEARLE’S ESTATE.

Ax adjourned meeting of creditors in the estate of George Searle, carpenter, was to have been held yesterday afternoon, but, there Deing no quorum, nothing could be done. An informal discussion took place, there being present: Messrs DeLautour (representing Mr Whinray), George Lysnar (Messrs F. and J. Searle), F. Hall, and Chrisp (debtor’s solicitor). The “Assignee said that if there had been a quorum the business before them | would have been Mr Whinray’s motion, | ! that the debtor be called on to pay 20s in I the pound. Mr DeLautour: We do not want I another meeting for that. The Assignee : Is Mr Searle prepared to pay 20s in the pound '? Mr Chrisp ; No, he is not ; that is

straight. Mr Hal] : That makes the position worse than ever. I thought he said he was willing to pay 20s in the pound. Mr Chrisp : I say that he is prepared to offer £lO by a mortgage over this little property, settled on his wife at or after her marriage. I would give that to the creditors, and he would pay off the rest as soon as lie can. That is what I am prepared to offer. The Assignee : Will you also carry out what you mentioned before, that some of the creditors would withdraw their 1 claims ? 5 Mr Chrisp : 1 am not so certain about 1 that now. Mr Whinray has taken up 1 such a harsh position that the other 1 creditors may think it not good enough. £ Speaking for myself, I would not put in ) my own costs. The claim by Mr Warner j has been put in by mistake. Mr James “ Searle, I think, would not have his j' amount included. Mr Lysnar is here . representing him, and can speak as to 11 that. v

In reply to Mr Chrisp, Mr Hall said that tho amount due to him was about

Mr Chrisp : That would leave the debts at about X6O, for the payment of which there would he about £lO available —that is not including the accounts of Messrs James and Arthur Searle. Hubble’s account is wrong, and will never be passed. Instead of being X 5 10s, it is only £3 or £3 10s. Mr Hall: From what you say, there would be X4O out of X6O available. Mr Lysnar : I do not know that I can consent to that. 1 have no instructions to that effect.

Mr Chrisp: Mr Searle told me that his brother said that he would not press for the amount.

The Assignee : There will bo the costs to pay, in addition to what you have stated.

Mr Chrisp : Yes, that will have to be paid. I think that this young man has been very harshly treated. If Mr Whinray had not pressed him —which I am (juite sure was not under his solicitor’s instructions—the young man would not have filed.

Mr Hall : I do not blamo Mr AVhinray at all -if a man gets furniture and mortgages it to his brother Mr Chrisp : He did not do that. Mr DeLautour: l’ardon me, ho did. Mr Chrisp : Only two articles. Mr DeLautour: If that is not fraud I do not know what is. Mr Chrisp : There is no fraud about it. Mr DeLautour: What! getting furniture and mortgaging it ? Mr Chrisp : He was ablo to pay at the time. Air DeLautour : Wc are not hero to discuss that now. I am appearing for Mr Whinray, who is unable to bo here. If I was sure lie would get 15s in the pound now I would induce him to try and get it. Tho motion carried is that he should bo given an opportunity to pay 20s in the pound. Mr Chrisp: In that case the matter can go before a Judge of the Supreme Court. I am quite sure I can convince tho Judge there has been no fraud at all. They have even put the bailiffs in his house, and everything lias boon seized. Tho bailiff has been there for four or fivo days. They have even seized the child’s perambulator and told Mrs Searle that sho must not make use of it. If you do not call that persecution, Ido not know what is. I do not want to open out on the subject, or say what I might, but I must say that I think things are being too harshly done. Why the Assignee should put the bailiff in I do not know.

Tho Assignee : I have been requested to do so.

Mr Chrisp : Yes, by Mr Whinray. Tho Assignee : I understood that the bill of sale was to be contested, and that was tho only way I could have done. Mr Chrisp; I would have guaranteed tho furniture myself rather than that the bailiffs should be put in. Mr DeLautour : It scorns that we can do nothing at this meeting. Mr Hall: I would like to know if something cannot be done. By the offer, there is only £2O to fix up. Mr Chrisp: It could be done easily. Surely lie can be trusted for that. Mr'Hall: So far as I am concerned I would trust him for the other; but these people won't do anything but block your way, and we will have to come here day after day. Mr DeLautour: The only question is whether Scavle can get guarantees for the balance of £2O.

Mr Chrisp ; I cannot promiso that. Mr Lysnar: I told Mr Whinray that £4O would be offered before he took proceedings, but be refused to stay matters. Mr Hall: Then there is no good in us going on talking about it now. Mr Chrisp : There has been a good deal said about this young man in the press and elsewhere, and it is only right that the other side should have a turn to say a little now. Mr Hall said that he was quite prepared to abide by what lie had offered at the first, or he would be willing to accept his share pro rata. Mr Chrisp : I am prepared to pay the £4O, and you and Mr Evans are willing to trust him for the balance. Y'ou have acted very fairly in the matter, Mr Hall. Mr Hall: It is not a great amount for us to trust.

Mr Chrisp : I do not think Mr James Searle will want to prove. Mr Hall : As you put it the total would bo £6O, of which only £2O would be left. Mr Lysnar: As there is no quorum I would suggest that the meeting be adjourned for a week. Mr Chrisp : No, I will attend no more meetings. Mr DeLautour : Wo don’t want any more meetings. Mr Chrisp : The debtor will pay 20s in the pound before he asks for his discharge. Mi- DeLautour said that debtor's friends might offer to guarantee the balance of £2O.

The Assignee: In that case lam to give up the furniture ’? Mr DeLautour: Yes. Mr Chrisp ; But what about the bailiffs'? He can only give £4O down. Mr Hall: Oh, I think you ought to be able to fix it up. Mr DeLautour: You have Mr Lysnar s aid to help you to fix up. Mr Lysnar: Apparently we will have to take proceedings to get the furniture. Mr Chrisp : I do think it a most unfair thing to put the bailiffs in, and then keep them there in a little house like that. Mr Lysnar: I am about to take proceedings' in the matter, but it will mean expense that might well be saved. The Assignee : I think I might withdraw them and hold Mr Searle responsible for the furniture hot being shifted. But I would like first to consult with my solicitor, in the event of the bill of sale being contested. Mr Chrisp : Well, I think you might well manage to have that done. The Assignee then, accompanied by the debtor's solicitor, went to interview Mr Nolan. Messrs DeLautour aiid Hall had previously left.