MEETING OF CREDITORS.

Poverty Bay Standard, Volume I, Issue 244, 25 September 1884, Page 2

MEETING OF CREDITORS.

The first meeting of creditors in the estate of W. O’Meara, sheepfarraer, at the Official Assignee’s office, was held this morning. Mr. Finn appeared for the Official Assignee’s deputy. Mr. Watson for the debtor. Proofs of debts to the amount of £414 16s. were put in. The debtor stated he believed the Crown grant of section 88, township of Woodville, was in the Union Bank of Australia, having been forwarded there by Mr. G. Payne. Mr. Finn said he had given Mr. Payne notice to produce the deeds. The debtor stated—Personally I don’t owe Mr. Maude any money. I never gave him P/N’s. for cash lent. Before filing I was in possession of land on the East Coast, viz :— Ahinikoku No. 2. I was the leasee of that block. Immediately previous to my bankruptcy I assigned that property to Kenneth Campbell. He is a farmer. I have not known him long. The assignment was made about a week previous to the bankruptcy. I did not receive any cash from him for this assignment. Mr. Campbell introduced himself to me. R. Cooper was my agent in this transaction. I have been in possession of that run between five and six years. I purchased it from Robert Cooper. I cannot say positively that I paid any ca h for it. I became possessed of the property from wages due to me from R. Cooper. I was receiving wages from him at the rate of £BO a year. I have had sheep on this property—upwards of a thousand. The sheep that were mustered were sold under a writ to Mr. Keefer. I might have a few still left amongst Sir George Whitmore’s. R. Cooper had no interest in this property legally. There was no understanding between us about it. It was mine solely. I have paid the whole of the rents due for the past six years. I got money to pay the first year’s rent through

Mr. Maude; the same with the second year. I have not been borrowing money for several years past to pay the rent. I did agree to give Mr. Maude security over the property for monies advanced. Mr. Cooper asked me to sign the document doing this, and I did so, I did not know what it was for, and when 1 received moneys through Mr. Cooper I did not know they came from Mr. Maude. I did not carry out that agreement with Mr. Maude , nor did I make any provision for him. I had not cancelled my agreement with Mr. Maude at the time I assigned to Mr. Campbell. Mr. Ward prepared Campbell’s assignment by Mr. Cooper’s instructions, with my knowledge. Campbell was present when I signed that transfer at Mr. Kenny’s office, and I have as yet only received £l5O on account of it—that was the day before I left here for the Coast, the day previous to my filing. I swore to the Resident Magistrate that I had only received £lO 65., and I had received this £l5O the day previous to the hearing of the case. Nobody advised me to swear that I had only received £lO 6s. I heard Mr. Cooper’s evidence. I do not remember him then stating that he held £2OO in trust to pay the Natives. I don’t think he would be telling the truth if he swore that. I had the £l5O on the day I filed a petition to be adjudicated a bankrupt. I did not put it down in my assets because I had no right to it. I have some of that £l5O still, about £6O or £7O, at home. I got that £lou from Robert Cooper. I also got from him £lO 65., and other sums besides, amounting to about £lO in all. The day I signed the transfer to Campbell was the first time I ever saw him in my life. I have not received money from my father for about two years. Mr. Cooper did not tell me he borrowed money on my behalf when in Wellington. Mr. Finneran’s claim against me is for money lent to R. Cooper. He sued me for the amount, £33, and I confessed judgment because my name was at the bottom of the P/N. Mr. Summerton’s claim is for money lent to me, the same with that of Mr. Milner, and also that of Mr. Mogridge. All my liabilities are for cash lent to me. I only had one horse at the time I filed, which Mr. Keefer lent me to go up the Coast. He held it as security. I also had a chestnut horse in my possession, and another horse over the river. The chesnut horse has not been in my possession more than four months and the one over the river about five months. The horses have been in Milner’s possession for more than a year. I don’t know of any agreement between Robert Cooper and Mr. Campbell, and there is none between the latter and myself. I claim no interest now in the property up the Coast. There is no arrangement that I should get the lease back. It was an agreement between Campbell and myself that I was to see the rent should be paid up, as he was a stranger and I knew the Natives so well. I filed because I could not pay Mr. Keefer. Mr. Ward advised me to file, as there were only three things for me to do, viz., Either pay the debt, go to gaol, or file, and I choose the latter course as the only loophole. I have not paid Mr. Ward, but I did Mr. Kenny £5. Mr. Cooper accompanied me to Mr. Kenny’s office. He did so as he had more experience in these matters than I have. Mr. Cooper did not advise me to file. Mr. Finn remarked that the debtor would not find this a loophole out of the scrape, and he would very likely have to go to gaol. The debtor replied if he had to go to gaol he would do so.

Mr Finn considered the debtor had placed himself within the whole of the penal provisions of the Bankruptcy Act. To the Assignee—l have received various offers for this property of mine ranging from £5OO to £3OOO. I took £4OO for the property in order to keep Sir George Whitmore from getting it, as he has been acting very underhanded towards me. Had he come to me fairly, one man to another, I might have dealt with him. It never struck me that by accepting the offer of £4OO I was throwing my creditor’s money away, as I was so angry, and due does not consider that when in such a state. I have always paid the rent to the natives as they came for it. You can have the money I have in my possession at the present time. At the time of Whitmore’s offer there were sheep on the property, but the cattle were sold under Mr. Keefer’s writ of sale.

A resolution was carried to the effect that the Assignee obtain from Mr. R. Cooper the sum of £5O which he holds in trust, and request Messrs Porter & Croft to return the £lBO recently obtained from the debtor under writ of sale. The debtor was given a fornight’s time to proceed up the Coast in order to obtain the £6O or £7O in his possession, and also his three horses.