MEETING OF CREDITORS.

Wairarapa Daily Times, Volume VII, Issue 1941, 17 March 1885, Page 2

MEETING OF CREDITORS.

■■ A meeting of creditors in the estate of j Patrick Cookery, lato livery stable keeper . was held at the Old Court Room jester- ., doy. Mr W. Sellar, Offioial Assignee, ; presided. Mr Bunny on behalf of the :, Official Assignee, conducted the. proceedings. .:.•■' t }w Joseph lorns said he sold a certain , plant under bill pf sale by instructions of - P. Cockery, fhe plant was in the - possession of Messrs Dixon and Jaoues. ~ The Bale took place on December 3rd', Kir b Cockery being the purchaser at £BOO but a no money was paid except the sale fee. a Arthur Hathaway was examined in - reference to the following sale note : , "Masterton, 40th December, 1874. I , : have this day sold to Mr Wm Neillall. 1 the jivery stable plant at the Club Hpfel , Stables,'including fifteen' horses, one F thorpijglibrace' coacji, : "two pmniTpistf. one drag and harness bought by me'iinjier bill of sale from Dixon and tfaques, also interest in leasehold section No. 102 for 1 the sum of four hundred pounds, which sum I hereby acknowledge to have received in full,-Patrick' x Cockery (his .mark). .Witness to' Patrick Cookery's mark, A Hathaway, Clerk, Masterton. 'i j He stated that as a matter of .'fact a r cheque for £309 was paid by Cockery, and he saw it cashed by Neill at the i bank, He was notaware that the money i had been returned. Cockery left Master-; ; fon on Mpnday, March 2nd, and said He i was going to Wanganui. He ; ness to receive his letters,'collect accounts and with the proceeds discharge his debts. He had been doing so, but could not'proi duoe the books showing his disbursments. Heard that Cockery came from Wopdyjilo ; to Eketahuna on Tuesday last, and from ; thence to Alfredton. Believed him to be at Brannigan's now but could not be certain, Did not communicate with him on learning that he had been abdicated a bankrupt. Joseph lorns recalled, deposod that he took no inventory on selling the plant on December 3. By Cookery's instructions it was sold as one lot. fjfe though); Nepl ' had got a great bargain if he bpitght it for £4OO, On the day of sale he was offered £SOO cash or £OOO terms for iji, but Cockery, on. hearing Mr Elklna bid over £SOO, immediately offered £BOO, and it was knocked down to him. Tho leasehold property consisted of over 100 acres education reserve, the lease for 21 years, haying 17 or 18 years to run. The rent was £3O pe'r annum. A, McEwen, blacksmith and wheelwright, stated that some time in December Cookery offered him the Club stable plant, asking him to take It over, Jfo price was mentioned. Cockery said it would be all right by arid by. Witness could give him a cheque and he (Cockery) Would pay it into his credit again. ■ William Weill, Jiyery stable keeper, Masterton, deposed that he the

plant referred to from Patrick Cookery, and the lease of the 100. acre paddock fop £4OO In Deaember or the beginning of January. The value of the leasehold estate ho was not able to state, He valued the plant three years ago when he had it at £IOOO, that included the stables. Without the Btables it. was worth £SOO. The rental of the stables was £4. a week. The money was paid on the date stated. He gave for £369 to Cookery in the presence of Hathaway. fy had net seen his bank book to hijw as a' matter of fact that it had been charged to his acoount, £B.l;waspaid'on the paddock, it was due when he, took it, for rent, Cookery came to him two or three times about buying the plant, and offered hjm the lot, inoluding the stables, for £OOO or £7OO. He was running -the stables at that time. He thought the. goodwill and stables was worth about £IOO, Cookery told hhn that Mr-Mcßwen might buy it. The money'had upt been handed back to him, the £369 had neyer been returned to him or paid into his credit at the bank. The cheque had besu.ihangeii at the bank He would swear.the money had not teen subsequently returned to him, He could get his bank'book and give it to the Official Assignee. He would not take £SO on his bargainunlesß he wanted to sell. Cookery told him ho wanted to sell to pay for the bus and because he could not carry on himself. The property was not hel<jl kv him as a protection for Cookery. Cookery said he would bo at Brarinigans if lie was wanted. He did not know tfye day Oockory went away. By a creditor: Cookery djd not shift the plant at night as he helped to shift it in the morning. (By Mr Bunny) Cookery was carrying on until he could arrange for the Empire stables and Oockery was working the plant till it was settled. Cookery did not run the plant at the Empire for witness. The witnesses having retired Mr Bunny said the great thing was to fix Neill, and it would he well for the Deputy Assignee to see the bank bqok. Mr Barley said it looked very crooked. Cookery had sold for £4OO what he said was worth £IOOO,. If thoy intended .doing anything they should act promptly or the plant would be worthless, It was moved by Mr Wickerson and seconded, by Mr McEwen—that the Deputy ABsipee be instructed to take immediate steps to test the validity of the sale from Cookery to Neill, and obtain

ldgal assistance 'with a view to having tho same upsefci—Carried unanimously. Mr W. Perry said he had attended a good many meetings of creditors where they had got as far as they had that day, but ho had never got any benefit out of the estates. Mr E. Dixon moved and.Mr Wickerson .seconded, That'the Deputy Assignee be empowered to'take the necessary steps to bring the wmktupt before the creditors. The motion was carried and the meeting adjourned until 2 March 18th. '^).],..i-[