BANKRUPT ESTATE.

Taranaki Daily News, 18 May 1922, Page 4

BANKRUPT ESTATE.

CREDITORS’ MEETING. Another meeting of creditors in the bankrupt estate of C. E. Carlson, clothier, New Plymouth, was held at the office nf the deputy official assignee (Mr. J. S. S. Medley) yesterday. The meeting was called at the request of some of the creditors, at the instigation of the Commercial Agency Ltd. On behalf of the creditors he represented, Mr. D. Hutchen moved: “That the claim of the Commercial Agency, Ltd., on behalf of the - creditors who took action for the benefit of the whole body of the creditors, be treated as a preferential claim, and paid in full, provided the D.O.A. is satisfied that such claim can be treated preferentially.” The claim, it was stated, was for expenses of £37 5s incurred by direction of creditors, whose claims amounted to £3047. Mr. J. Sole seconded. Mr. C. H. Croker, representing the bankrupt, objected to some of the proxies, and to the fact that Mr. Hutchen had moved the resolution, he having no standing. Mr. Quilliam, if anyone, should move such a resolution. He, also, as the largest creditor, objected to the resolution, as ha maintained that what action had been taken by the Commercial Agency, Ltd., was not for the benefit of the creditors. His main objection was that the bill of cost was apparently incurred in making a contract with Carlson, which they failed to carry out. The D.O.A. held that, even if the resolution was carried, it could not be given effect to now, as Mr. Hutchen had explained that the Supreme Court had not yet decided the point. There was no pro-* vision in the Bankruptcy Act for the claim being paid, as far as he knew. He saw r no harm, however, in accepting the resolution. Mr. J. H. Quilliam, who attended later, ; moved the resolution previously moved by Mr. Hutchen, in order to satisfy objections. Mr. Sole again seconded. The motion was declared carried, subject to the objections raised by Mr. Croker as to the proxies and the legality of the payment. The meeting then adjourned.