MEETING OF CREDITORS.

Te Aroha News, Volume VII, Issue 450, 1 March 1890, Page 2

MEETING OF CREDITORS.

Important Resolutions Passed.

The first meeting of creditors in the estate of M. W. D. O’Keeffe, miner, of Waiorongomai, a bankrupt, wa3 held on last Tuesday afternoon at Air H. W. Pennington’s store, Waiorongomai ; the following creditors being present : Alessra D. E. Clerk (for self and Trustees in the assigned estate of W. S. Collins), A A. Wallace, E. Roberts, F. Booth, H. W. Pennington. Mr Wallace was voted to the chair, and opened the proceedings by reading the Official Assignee’s letter, the debtors statement, etc. The statement showed as follows List of Unsecured Creditors : W. S. Collins’ estate, L 8 lls ; Wells and Souter, and Yates, Ll2; A. A. Wallace, L 4 (is; H. W. Pennington, L2; Roberts and U'ttlejohn, E2 ; Adam Laybourn, L 5 ; F. Booth, L 3 15s ; N.Z. Government, L 8 12s ; D. Craig, L 3 ; Alartin Murphy, L 6 Js|3 ; Thos. Casey, L2. Total, L 57 18s.

Real Estate: Agricultural section (situated at Gordon Special Settlement), held under the provisions of Land Act, 1885, as Special Settlement, and inalienable, containing 150 acres, more or less. Assets (available), nil.

The Chairman stated that the creditors who had already proved in the estate were Alessrs Clerk, for self (L2 7s sd), and Trustees in Collins’ estate, Pennington, Booth, Roberts, and A. A. Wallace.

After some general questions had been asked and replied to, Air Clerk produced a copy of the Te Aroha and Ohinemuri News, of February sth, arid read therefrom a report of the case heard in the Resident Magistrate’s Court, Te Arqha, on February 4th, W. S. Collins v. M, W. D. O Keeffe (judgincfit summons) ; particularly directing the bankrupt’s attention to his statement on thqt occasion, tq the effect that lie then had seven head of cattle on ‘the run,’ implements, fencing material, tools, etc. Also further directing his attention tj the fact that the Resident Alagistrate then reminded the debtor that he had but a short timq previously—when he proffered himself rs a surety for Owen Gayer—told him that he (the debtor) had over LIOO worth of chattels, horses, cattle, implements, etc. The R. M. also remarking (when the debtor replied he did not think he said that), it was recorded in the boohs of the Court; and apparently tl(e debtor would have him to understand when so,me men made a statement as to. what they were worth in the way of x'ealigable property whep offering to go bail for another, he ninst discount it by ninety per cent. Mr Clerk tq Bankrupt; Will you

toll us where the goods ip>d chattels are (over and above tlie land yoij own), you referred to when before the 11. M. ;jiave you still gqt the implements, tools, etc., referred to? . Bankrupt : NoMr.Cleik : Where have those goods you valued then Rt £IOO gone to? Bankrupt : You can do the same ns the Warden; and discount what I said by ninety percent. Mi Clerk : Please make a note of Mr O’Keeffe’s reply in the Minutes Mr Chairman. B mkrqpt: I have no cattleon ‘the rnn’ now, or anything else. I sold tlie cattle I had op ‘ the run ’ about two weeks ago. Mr Cjerlc ; Since ypu were ordered to pay by the Court. Bankrupt : Yes. Mr Clerk : Is Sir Win. Wa«teneys acting as solicitor for you. Bankrupt: What has that to dp with you. ■

Mr Clerk : Simply that he was acting for me up to a very recent date as against you ; and I should 'ike to know is it- true that he advised you to the effect that if the creditors passed a resolution and forwarded it to tfie Official Assignee, revesting that such be done, I could be made to refund the £3 6s I received from sale" of cuttle seized and sohl by the Bailiff.' ' Bankrupt : He did advise me to that effect. r

Mr Roberts : Who does the corner section next your house belong to. Bankrupt : To Hugh McLiver. I agreed to buy it from him, but failed to pay for it. In reply to Mr Roberts : It was I fenced it, and planted the potato crop on it. By Mr Clerk : The bouse I live in belongs to my wife. Mr Clerk-to Air F. Booth : I believe the amount you have * proved ’ for, is for noik done in connection with that house ? Air Booth : Yes. Bankrupt : It was I who arranged with Mr Booth to build the house. By Air Clerk : I sold the cattle I had on the run to Tom Casey about a fortnight ago. He paid me £7 for them. By Air Clerk : Casey is my m te. I paid the £7 1 received from Casey to Sir Wm. W’asteneys to put me through the Court. The harrow, etc. r are still up at the Settlement somewhere, I don’t know where they are now. In reply to Air Clerk, the Bankrupt said lie also had a bullock some time ago, but sold it to Air AlcNicol for 10s. Tlie reason he Suld it so cheap was that it had been running on Wairakau for a long time, and Air AlcNicol claimed for

the grazing of it. Mr AlcNicol had pai 1 him tne 10s. Air Roberts in reply to Mr Clerk said bespoke to Air AlcNicol a few days ago about this bullock, and Air AlcNicol then told him he had neither paid for or nought the bullock at all. Air Clerk here again remimle 1 the Bankrupt of whit tie R. AI. had so recently said to him in Court, Bankrupt: The Warden made as false and deliberate a statement in Court as ever a man made, ..or else he made a great mistuke. By Air Clerk : The claim, £8 11s, by N. Z. Government is'for rent uue on my section. The £2 due to Thos. Casey is for money I borrowed from him. I borroweJ it from him long before I sold him my cattle. ‘ He did not deduct it when paying me for the cattle, but paid me the £7 in full. (The creditors present remarked upon the very liweVal way Air Casey bad of doing business). Bankrupt iu reply to Mr Clerk : Martin Alurphy’s claim is partly for money I borrowed from him, and the balance for drink. After some further unimportant questions had been put the following series of resolutions, proposed by Air Clerk and seconded by Mr Pennington, were carried unanimously 1. That a copy of the Te Aroha and Ohinemuiu News of February sth be sent to the Official Assignee with the Minutes of the meeting, and his attention drawn to the case therein reported, Collins v. O’Keeffe. 2. That the attention of the Official Assignee be called to the fact that, according to the Bankrupt’s own statement, he had within the preceding fortnight sold seven head of cattle to his own mate for L 7 ; and that it is the desire of the creditors present that the Official Assignee take the necessary steps to regain possession of that money ; and further that he make enquiry re the bullock which the bankrupt states he sold to Air McNicol fpr 10s.‘ 3. That the creditors present, being dissatisfied with the position o,f affairs in connection with this estate so far as disclosed at this meeting; request Official Assignee to take the necessary steps to cause the bankrupt to undergo a public examination on oath.