MEETING OF CREDITORS.

Wairarapa Daily Times, Volume 6, Issue 1801, 30 September 1884, Page 2

MEETING OF CREDITORS.

p A first meeting of creditors in the estate of Hugh Millar, of Mastovton, caterer, took place in the ooiir'tliouse yesterday, Mr \Y. Sellar, tho Deputy Assignee, presided. The creditors present -were Messrs W. Perry, E. B. Bell, A. Johnstone (trustee of Martin's estate), J. Ross, Thos. Brown, B. Budden, L. J. Hooper & Co., and W. M. Easthope (for . Chamberlain Bros.) ■%& The Chairman said they wefyF doubtless aware of the fact that Hugh Millar had been adjudged a bankrupt at the last Court, and he had been duly appointed to act for the estate. The following was the statement handed in by the debtor:—List of unsecured creditors —W. Perry, butcher, LllO ; Bapp k Hare, store- , keepers, L 75; M, Caselberg & Co.. L 35; E, B. Bell, Baker, LI2 10s; Chamberlain Bros., L 8; B. Budden, farmer, L 10; L. J. Hooper & Co,, drapers, .£5 10s; T. Brown, farmer, L 5 15s; J. 1-M'eins, farmer, L 3 9s 4d ; 11. Boyle, laborer, L 9 ; C. Hayes, cook, L 7 10s; J. Boss, blacksmith, L 22 ; 1). McLachlnn, farmer, L 3 ; 3. Bacon & Co,, millers. L2 ; E. Toomath, sawmillers, L 5 19s; J. K, Martin's, estate, butchers, L7los—Total, L 321 14s 4d. Assets—Tip cart at Masterton, L2O ; book debts, L7O 4s; cifo in hands of W. Kapp, LOO ; O'MijPjr and PepperilPs estate, wages, L 43 15s- I furniture and eli'ects, Llo—Total 1,233 IDs. .Deficiency, LS7 15s 4d. In considering the assets Ihu first item was a tip cart, The bankrupt had informed the Assignee that he had handed the curt over to Mr James. Boss, and application had been made to him for the cart, which resulted m a letter from Mr Boss' solicitors, Messrs Beard and Grey to the ellect that the dray had been sold the day after getting the same from Mr and therefore his client could not comply with the request of the assignee. Mr Millar, on being questioned bv the Uha'.rman, said he "bought the cart from Mr Boss on a bill at 3 months, wiih tiie understanding that in the event of his being unable to niece the ' bill the cart was to bo returned. Mr ito-s said he sold the cart on that understanding. At first it was to have been a time payment, but ho ultimately took a bill, He had been sent for to. coino up to Millar's and fetch back tlio cart, ami he had done so in accordance! 1 with his agreement. The bill had nod, J matured when he got-back the cartJk. ' The Assignee said as Mr liosSTOd declined to hand over the cart, it v?v, s for the creiiitors to. instruct him as to the next Lt»p lie should take, as he had no power to use the funds of the estate for the purpose of tryiV to recover the cart without the authority of the creditors, In reply to Mr Hoopev, the debtor said he had not instructed his wife to call and tell people to whom In was indebted to get their tilings back. He left word when he went to Christchurch that Mr Boss was to be told to come up and fetch his cart, as that was the agreement. He did not have any row with his wife before he lrft, nor tell her he was not coming back. Es< told her he was going to his brother.. He did not got any money from the: Government; he got from the mem employed by Government £95. He had! J| £6O in his pocket when he went away,. 1 and he left L3O in his box at home:: that was tho L3O lie gave Mr Kapp. In reply to a creditor, he said by id not know what he would thiniw a man who went away for a holiday with T.fiO in bis pocket, knowing himself to be over head and ears in .debt, The Assignee said it was a very unsatisfactory way of doing business on the part of Mr Millar, The question now before tho meeting was what action should bo taken in the matter, Mr Kififldpo wit'fpisW they E | lol ,](lj-

tne I ' lJllm ' m ' l! l' °'" l l* l! asbl!ls l " s " g craPpd before deciding what steps ' T ' should be taken in respect of tins curt. Mr Sollar said he applied in Mr Rapp in the usual way for tho amount stated by the bankrupt to be in bus hands on behalf of the estate, and through his solicitors lie denied any lialj||ity in the matter, and said ho was prepared to meet • any notion they l might take, in the matter, & Clause 79 of the Hankruplcy Act, J 1883, was read touching on the matter, kand Mr Millar was asked to explain how the sum of L!) 0 came into the hands of Hr Rapp. Mr Millar said he was arrested at Lyttelton at the instance of Mr Happ on a charge of obtaining money under false pretence.-', Mr Happ came to him there and said they had had a meeting in Masterton. (He understood him to mean the creditors, at this time he was in the lock-up.) Mr Happ said "1 know what money you got from the men, and if you give me the money 1 wijAgct you oil'. We have had a ffltSliig and they (old mo to get all the money I could, 1 knew 1 shall get into a row, hub I will get you oft." I said, " If you divide it between the i creditors I will give it yon," and he i, gave it him with that understanding. Mr Happ said he woiiU make it allrigl t when he got hack to Masterton. The amount ofii.onev was £6O, and out of it \lr Kupp gave him back £b to pay his passage back, and his brother gave a bill for the .£3") which witness paid on reaching Masterton. Mr Happ told him to say nothing about giving liim the L3O. He thought if Mr Hupp got the money it would be all the same. He told witness that he gave Mr Perry some, and lib (witness) thought others had been paid some. Mr Perry said he had received none of it, lie would like to have had the chance. He asked the Assignee if Mr Happ had had notice of ibis meeting. Mr hollar said he had the, same notice as the other creditors. Mr Perry said possibly Mr Happ did flfot now consider himself a creditor. r . debtor Slid he intended cumin" back all the time, liven if not arrested, under the same understanding, lie would not have hesitated to give Mr Happ the money. Mr Happ advised him to go back to his brother's and not return in the steamer with him as it was of no use for him to do so. Mr Johnstone said if the statement of the bankrupt was correct Mr Kapp had obtained the money by false pretences, Mr Kasthope moved—That the assignee hi instructed to take legal proceedings for the recovery of tho money in the hands of Mr Happ. This was carried unanimously. The next item coiisideted was the book debts ,£7O. Mr Millar said the most of the men ware in the district still and no doubt they would pay. In answer to a creditor Mr Millar said the horse and trap ho was using kwas the property of Boyle. Witness sold it to him in March last and had since had it on hire at os per week. The draught horse he had was the property of his brother, who had lent it to him. Me also had a cow which Mr Perry had lent him and had since taken away. Mr Perry said he could explain about the cow. As Miller was taking a large quantity of meat from him and jiad no milk up at the contract for his family of children, nor for the men, he lent him the cow as he had others for bis own use. Mr dollar said perhaps Mr Perry could explain something about the £9O. Mr Perry said no doubt Mr Happ would explain that before the Court, ' Mr Dell asked whose house it was that the debtor lived in, and if he had not bought the timber for it. Mr Mill ir said it belonged to Mr Mchachlun on whose ground it was ( built. L'n'u pounds was about all he I had paid towards the timber for it. He I had some pigs when lie went away. Mr Hudden got soma of them. Mr liuddeu explained that ho agreed with Millar as to the price of a lo; of pigs and took up half a dozen, About a month after he heard Millar had cleated, and he was told he had better «et his pigs back and he fetched half a dozen away and sold them in the sale yards. Millar siiJ, in answer to the Assignee, that he was bankrupt before in 1882 at Christchurcli. He did not iknow anything of the Bankruptcy Act. .He did not get a discharge from that . ibankrupiey. His estate did not pay any dividend to his knowledge. He was coutia- ting in (Jliristcliu.ch, Mr .loliiisiou moved thatthe question ' of the cait Ijo submitted to legal opinion, and if so advised the Assignee to include it in the action for recovery, There being no seconder for the motion it lell through. The Assignee notified that he would (Call them together again as soon as necessary.