KNYVETT IN COURT.

Taranaki Daily News, Volume LIII, Issue 111, 18 August 1910, Page 3

KNYVETT IN COURT.

APPLICATION FOR A JUDGMENT ORDER.

By Telegraph.—Press Association. Wellington, Wednesday. At the Magistrate's Court to-day, before Mr. W. Haselden, S.M., the Parsons Trading Company of Wellington applied for a judgment order agahst Frank B. Knyvett, late of Auckland, but now employed as traveller in Christchurch, for £l3l 5s Id, 101 wuich judgment was obtained on June 7 last at Wellington. Mr. Luke appeared for the plaintiff company, and Mr. fL F. * ua Haast for the defendant. In repiy to a question from Mr. Luke as to liis finances and who were the partners of his firm, defendant (said that he and a Mr. Foubister were the (jii.y partners. Foubister's wother guaranteed the firm's creait to the extent of *2OO. The firm of F. B. Knyvett ceased operations about the end of May last. The stock was sold for £217 or thereabouts, mid ihe amount was covered by bills. Mr. Luke: Who has those bills'? Defendant: They were given to Foubister's brother to extinguish a debt. His Worship: Did you receive the bills?

Defendant: I did not receive me mils at any time. They were given to Foubister's brother. Defendant stated ; the book ueots of

the firm were being collectd at the present time, and the money paid into the bank by the firm's accountant. Mr. Luke: Have juaue any at-, tempt to pay this account. We u&ve given you plenty of time. Defendant: That is what I went to Auckland lor. 1 offered Ilia in she £l. His Worship: Why did you not call a meeting of creditors. Defendant: I did not wish to turn insolvent. His Worshipi You will go on until there is not-a penny left. Mr.-Luke: What is your present position? Defendant: Traveller for Chandler and Co., of Chrisitnurch. i shall probably lose it through having ;« conic'up liere to-day. Mr. Luke: What salary are you receiving? Defendant: Six pounds a week. Mr. Luke: In a leport of your speech at Auckland which appeared in a Wellington pa-per tiie oilier day this ,p----peared: "He had robbed himself loi- the corps, but he would not take a penny back even if the corps owed him £ luilO." Is that statement correct?

Defendant: I am not responsible ior what the papers say. Mr. Luke: Then you did not make that statement?

Defendant: No. The papers say anything.

Mr. Luke: It was also said in the report: "A meeting of the corps last night was attended by Es-Oapiara Knyvettj who came specially from Christchurch for the, purpose." Is c.»at statement true? Defendant: No. I went to Auckland on business connected with the partnership. M<r. Luke: The report states that you went up for the purpose of jiieuoing the meeting. That would cost you £ls, and £ls would naturally reduce the account.

In reply to Mr. Von Haast, defendant stated that his salary was gross. He left Auckland in May, and the affairs of the partnership were left in the hands of the accountant, and it was not with defendant's concurrence that the money was being- paid into the bank. He 'had given creditors all the information necessary, and had made an offer of 10s in the £l.

Mr. Luke (to the Beneli):' He did not offer 10s. He asked us if we would accept 10s in the £l. Defendant said the firm's liabilities over assets were about £220.

His Worship: What are your liabilities without the assets? Defendant: About £370 or £3BO.

His Worship: We know wlnu ae-rets realise. You will have to do something. I do not want to send you to goal. You should call a meeting of your creditors and distribute your estate. Defendant replied that in nme he would be able to' pay the account fle was only temporarily unfinancial, and in a couple of months' time he would have money coming from machines sold on time payment. Mr. Von Haast remarked that Knyvett had been before the" public eye, and that was probably the reason why plaintiff sued him for the money instead of suing his partner, who nad not been before the public but was «,Dle to pay the debt. Mt. Luke: We did not know mat there was another member of the firm till three weeks ago. He has made us do all the work of finding out about the partnership. His Worship: It is not right for a debtor to force his creditors to make him a bankrupt. If I make an order against him he will probably go bankrupt himself, and he should do cnat without an order. Mr. Von Haast: His partner is luiancial. i His Worship: Then they should make the pair of them bankrupt. The case was adjourned for a lortnight to allow defendant to make arrangements with his creditors.