DISTRICT COURT

Wairarapa Daily Times, Volume X, Issue 3170, 3 April 1889, Page 2

DISTRICT COURT

WEDNESDAY, APRIL 8.

(Before District Judge H. W. Robinson). • Re Frank Peering Pelling ■ Mary Ann ,Pelling. Application for order of discharge. Mr Pownall for debtor, and Mr Bunny for the Official Assignee. : v M. A. Pelling examined by :Mr Bunny said: "I carried on business with my husband -in Masterton/ -On May 16,1888, filed a declaration of insolvency, liabilities amounted to ( £245 ss, assets £6O, consisting of book debts estimated at £2o_ and ' q furniture £4O. The. first meeting of creditors look place on 22nd May, and Mr Pownall wrote saying he was instructed by debtors to pay &s in the £, or if prefential claims werejUlowed him 7s 6d in the £. On Juilß 28th, Mr Pownall wrote to the Deputy Official Assignee requesting meeting of creditors be called consider the ; offer of-7s-6d in the JE?W The creditors met,and accepted the

proposal. That offer had not. been carried out. Unsuccessful proceed-' ings were taken to recover the preferential claims. Was not prepared now to pay 5s ra the £ to creditofA£ Had done nothing- tQI lately. WilßLy now managing the Railway Refreshment- Rooms/ for John Pelling. my husband's biOttygr... The business does not belong to! me or my husband;- We 'tore paid 80s per week wages. Frank Pelling has authority to conduct the business Mr Renall is a creditor to theextent of Lll3 for flour. Mr Renall pressed me for payment. He would not take bills and I paid him by cheque. There was no money at the bank to meet the last two cheques when they were issued. Mr Senall knew there was no money to meet them. The account for flour was two years old. Had paid Mr Renall over JE2OO for flour in that time. Sold, out the business for £IOB. Settled by a cheqne for £34 and two bills for £B4, and the balance was stopped for rent and taxes. Out of the cheque I paid £lO to my father-in-law, and £IUK"7* to my brother John, and Ll2 to solicitor. Did not pay Mr RenaV because he was - very abusive and called me a thief and a robber. Gavgv the t>ro bills to Castendyke & "J That was after Mr Renall pressed for payment. Mr Pownall offered 5s in the £ but the creditors declined it. The offer was made by private circular. Paid the money to my father-in-law and brother because they had advanced that money to meet certain bills. Put down my furniture at £4O. Had a piano, but it did not belong to me, and was not included - in the assets. It was bought out of the life insurance money paid on the death of my first husband, for the benefit of his children, as their share. Had" valued the furniture for sale to Lowes and loms' auction rooms at L2O, and the furniture taken to Polling senr.'s at L 25, exclusive of the piano. Mr Pownall said hecould not get in the preferential cliims, and would hand over the estate to the -Official Assignee. I rented a house after the bankruptcy, and the rent was still owing.

Mr Benall examined the debtoa£. You were dealing with me for Is it true what you say, that debit account was standing at oxjf LIOO for two years ? ~ Debtor: Yes; I think so. (Mr Benall sent for his book, and told his Honor that it wonld tell a different tale). The debtor, in answer to questions, said she paid cheques that Mr Ken all frequently held over. 'Mr Benall asked, in the presence of Mr Sellar, what she was going to do about his account. Asked Mr Itenall to go down with her to his office, and she would arrange with him there. Did not promise to go-.with her husband the" next morning to arranga with Mr Benall. Mr Benall abused her all the way along the street. Mr Bunny, referring to the proceedings at the meeting of creditors whenthe offer of 7s 6d in the £ was accepted, said he was instructed by the creditors that the offer was accepted on the distinct assurance of the debtors' solicitor that the money would be paid. Frank Deering Pelling, examined by Mr Bunny, stated he was business with his wife and they fil«K on 16th May last. Was now managing Befreshment Booms, Featherston. John Pelling, his brother, was proprietor. He was a journeyman blacksmith at Wellington, could not say what wage. _ Wjflk now oat of work. The license off the Befreshment Booms was in the name of John Pelling. Held a permit from the Licensing Bench to carry on the business during. the absence of John Pelling, who had altogether been away three weeks from 'the premises. John Pelling signed all orders for supplies to the rooms. Had received L 7on account of wages. Could not say what was owing to him. Went to the Befreshment Booms on the 4th or sih January. Had not applied for the balance of his wages. Did not require it; was not. prepared to pay over to the creditors what he was entitled to. Could not give his creditors a shilling of it. Had not paid his creditors a .penny in the estate. Had no particular reason for applying for his discharge. It was not for Qie reason that he wanted carry on the Featherston rooms his own name. Was not prepared to pay anything to the creditors. Had about Ll2 10s coming to him from his brother for wages. Wanted that to pay his lawyer and the costs of the Court. Had

come up for his discharge at the instigation of his lawyer. Did not know what had been done with the estate. Had got the property now f in his possession that he had when i he filed. His statement at that time m showed an asset of L6O. The' Assignee had allowed him to keep the estate in consideration of an offer of 7s 6d in the L. Sold out of business in March, 1888. The settling-- va{wax made in Mr Sellar's officer Mr Benall did not come out of the bade office with him before the money was paid. Did not know if Mr Benall had been pressing for his account. Knew there'were not sufficient funds in the Bank to meet the cheques given to Mr Benall. It was an understanding between Mr and themselves that they should the money in to meet the cheques as they got it. .Mr Sellar was the person who paid over the money from Mrs Corbett to them. - Had got the money from Mr Sellar after a row. He wanted to hold over the money. Could not say who for. Refused to let Mr Sellar disburse the money. The. money was paid away to Castendyke -and Co £34, his father £lO, and his wife's brother £lO. All the furniture he had was now inFeatberston at. the refrwhnwiit

. ; '' - rooms. Had a pointer dog which was supposed to bo of v&lue. it too* a prize at the reoent Wellington dog show. Did not own the dog lumselt. Had tiod it up about twelve months ago and it had ainoe been claimed, but ho would noc let it go until the ■p expenses were paid. Was not able * to obtain work after his bankruptcy, exoept odd jobs. Was prepared to swear that ha wus not at any of tlie raoea at Opaki sinoe ho filed. To Mr Pownall; Was sued by Mr Percy on the ohequos given to Mr Itonall. Mr John Felling had paid for all stock bought at the refreshment rooms* Mr Pownall said he had written to the Otlloial Assignee in Daoomber last and told him that he abandoned tho estato. , His Honor, after hoanng counsel on both sides, decided to suspend the dißoharge for six months to enable thfldßffloial Assignee to realise the eitaW* , - -