DISTRICT COURT.

Grey River Argus, Volume IX, Issue 722, 3 September 1870, Page 3

DISTRICT COURT.

Friday, September 2. [Before His Honor Judge Ward.] BE SAMUEL SAMUELS. Mr Guinness appeared fur the trustee and several credttors. The object of the examination of witnesses was to discover tv)i ether the book debts in the estate of Samuel Samuels passed to Mr M. Levy under a bill .of sale, ov whether they could be recovered by the creditors. Morris Levy : lam a merchant in Greymonth, and have had dealings with the bankrupt. On the 3rd February, 1869, Samuels was indebted to me in the sum of L 390, for which I took a bill of salo over the goods named in the schedule, and over some book debts, not named in the schedule. The list of book debts was not attached, and was destroyed when my store was burned down. (Bill of sale produced.) I sent up a competent person to take possession of the estate. The bankrupt collected the debts himself. Oh documents the sum of L 59 was recovered ; from book debts nothing. The documents were handed to me before I took possession. I am not prepared to swear that my agents have not sued or recovered any book debts for • me; they may have sued for but not recovered. I cannot say when I took possession, but I think about two or three weeks before the insolvency. I made a demand in writing for the amount named in the bill of sale. My agent served it ; but 1 cannot say who it was served upon. 1 can swear I signed a notice. L4703s 7d was owing when I served the notice. The stock realised LSO, but the expenses had to be deducted from that amount. Ido not know the date of the notice, but I think about one or two weeks before I sold. Between 3rd February, 1869,' and date I took possession of the property. I received LB4O, less L 94 for cash advanced, from Samuels, leaving about L 746 received by me. This was for goods , sent up to Samuels during that time. We never struck a balance ; the account ran on. (Ledgers produced, and examined by. Judge.) The large ledger is merely a copy of the other. Items, 1870— L31, was for judgment re- • covered. Other items were for sums re- ■ covered. No transactions are recorded since April, 1870. At the time I took the bill of sale he had a large amount of available property. He wanted me to give him eight- or nine months' time to pay the other creditors. I took the bill of sale over about one-third of the property ouly. The bankrupt's principal business was in Topsy'a. He had from three to five torses, , besides a receiving store at Ahaura. The -bankrupt 'showed me at the time that he owed LI7Q against L6OO of assets. 1 never .received any money on the bill of sale. The 10 U and documents were handed to me as cash on the 29th of March. There is one I OtJ for an amount above LBO. I received about L 836 in cash during twelve months after February, 1869. The goods supplied were in excess of the cash received. In March, 1869, bankrupt owed me L4O, in excess of the bill of sale. I sued Samuels for LBO— L2O was for a horse he sold, L4O he owed me, and L2O for interest. I got a judgment for LBO. It was some time before he filed hi 3 schedule. On obtaining that judgment, 1 seized on all the property not included in the bill of sale. The bailiff sold, and handed me Lsl 4s. I have never seen Samuels' books. My agent was Mr Russell. He is in town now, I believe. Samuels handed me over the docutneuts (under the bill of sale, but before I took •^-possession. I told him I would give credit ' ior them. I gave ,'the documents to Mr Davies to recover upon. . He practices in Abe Resident Magistrate's Court. • The Judge here enquired whether mining advocates were allowed to practice in Resident Magistrates 1 Courts, and, on being answered in the affirmative, his . Honor remarked that Magistrates were Tery wrong in allowing it, and the agent was liable to be prosecuted in every case. He then complimented the witness on the straightforward manner in which he had given his evidence. Henry Raphael : lam manager for Mr M. Levy and his book-keeper. I have never collected any of the book debts. I cannot Bay when the documents were handed over to Mr Levy. I have heard Mr Levy's evidence, and corroborate it. 1 knew nothing of the bill of sale having been given at the date. It does not appear in • the books until December, 1869. Eleven months sfter, it is struck out there. All cash payments were made on account of goods supplied. It is credited to an open account. Edward Russell has collected accounts. He has paid, on 12th Feb., . L 25 in cash *, and on 11th February, L 25 from Hamer to Levy, as sums collected. 'A bill was afterwards met, and was given for goods sold from the store. I did not serve notice on Samuels ; I don't believe . I did. I may have done so. Leave was granted to subpoena Messrs Davies and Russell for the adjourned • examination at next sitting of the Court. EE JOSEPH GRAHAM. The enquiry in this case was as to the disposal of certain property withiu a short time of the filing of his schedule. Joseph Graham : I am a livery stablekeeper and hide and skin dealer. Two years ago I was keeping a livery stable in Greymouth for myself, and afterwards for Crogan. I ceased working for him about twelve months ago, and since then have been in the hide and skin trade. Had property at Ahaura to carry on the trade. I had a house, shed, stable and two horses. Had the race-horse Economy and others. Had no interest in leasehold, freehold, or mining property, or in boats. My declaration was filed on the 12th July. I sold the shed, house, and horses to Thomas Atkinson for L7O between two or three weeks previous to my filing the declaration, and got cash for the amount. I never received the cash at all ; 1 allowed it to be paid away to Maxwell for debts 1 owed him. Mr Perkins received the L7O for me, and paid Maxwell L 5 5; Lls I paid to Tucker for money advanced by him. to me at the races at Hukitika, on the 18th April. Some of it was for a bet (L 5), and LlO which 1 borrowed of him. I paid the money to Tucker in Greymouth in his own shop. I paid him some money in April. I had a race-horse called Economy. I knew Crogan had judgment against me. He received Economy in June. The horse was sold for LBS, L 55 wa3 taken out of. it for Crogan judgment, and a balance was left of L3O odd. I paid Mr Perkins out of it. I gave Mr Maundy an order. This was paid to Maxwell. I owed about L7O, L 5 for money got and board. I took LlO in settlement of an action against Gotherd. 1 put down Morrison as a good debt, had lost the case previous. I put

down as the cause of my bankruptcy — " Losses by 1 ace-horse." I did not put clown the horse clothing, saddle and bridle, and I told tho mi3tee. Some saddles are worth Lo ; mine is worth 50s. I gave L 4 10s for one of the ruas. I owed Maxwell the money for board and cash lent. Maxwell received LlO4 on my account from Mz* Perkins on the 4th July. 1 received from Maxwell L 25 to pay my solicitor, and paid him Ll6. I also received Lls and L 5 in addition to the L 25 from Maxwell. I paid L 55 to Maxwell, Lls to Tucker, and Lo for expenses of serving a summons, L2O I reserved to put me through the Court, Lll I paid to Ldius Daviea. I borrowed L 6 from Levison, Maxwell's barman, and paid it to Nelson, who is a creditor down in my schedule for LB. Thi3 L 6 is off the LB. W. H. Perkins : I received L7O from Atkinson on the June 22. I was acting for them. I did not pay it_over until the 4th July. About that date I was told I could pay it over. Mr Maxwell presented me Graham's order. I paid the money from. Court, less Ll2 due by Graham for costs. The total amount I handed over was LlO4. I received Ll6 from Maxwell since his examination by trustee. George Frederick Maxwell : I am a hotelkeeper in Greymouth. I know Joseph Graham. I received on Graham's order LlO4 from Mr Perkins ov the 14th Jnly. Graham was indebted to me in more than L 304, and ii was understood he was to have a. portion of it back. I have given him money as he asked for it. 1 havo paid him L 26 between the 2nd and 22nd July. The Judge ordered the bankrupt to be at once taken into custody, and nominated the Trustee (Mr Kenrick) to be the prosecutor. (The case will come before the Court today.) The Court then adjourned.