N. File’s Bankruptcy.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 546, 18 December 1890, Page 2

N. File’s Bankruptcy.

A meeting of creditors in the estate of Norman File was held yesterday afternoon. Mr Watson attended on behalf ot the debtor, and Mr Sievwright attended for Mr Trimmer. The Assignee was a creditor as representing Pitt and Bennett's estate.

Unsecured creditors—Brown and Smaill £l9 6s, Griham, Pitt and Bennett's estate £5B 7s, Id, J. H. Trimmer £l5 19s Id, 8. D. Swainson £6, J Perston £6, W, King £3 10s, J. W. Smith £2 2s 64,'A. Phipps 17s 61, J. A. Harding £l5 12s 3d, P Lange £l. Garrett Bros. 15s, J. Little £l5, J. H. Skinner 9s; total, €126 12s 4d. Assets, lease on Kaiti, valued at £l5, the furniture being the property of his wife, under deed of 7th April, 1887. Debtor was examined by the Deputy Official Assignee, Mr Coleman, and also questioned by Mr Sievwright. He eaid : I became bankrupt through having bid Inck, taking contract* too low and losing £6O on the Star brewery (which he did not put in as an asset as there seemed no chance of recovery). Anybody elte might try and get it. [Mr Watson: Mr Flook ie away from the colony.] I contracted with Flook. Mr Watson explained that debtor had taken a second bill of sale over the work. Debtor continued : I really cannot remember whether there was a written contract.

I believe there was some writing, but Flook being my father-in-law I thought hie word would be sufficient. Mr Knox had the first bill of sale—he took the whole thing over, seized it. I was not in a position to seize. Mr Flook told me he would pay me, and I thought he would. I can give you his address any time you want it. I had no insurance on my interest. Mr Watson conducted the legal business—l was ignorant in these matters. Also had a contract at Poup.arae, about 3J years ago; by that I lost over £3o—the contract waa for Mr Donner. None of these were debts scheduled.

Mr Watson produced the bill of sale, filed 25th April, 1887. He Baid Knox had sold, and no margin was left —there was no value in the bill of sale. Debtor continued: I also lost on a contract from the Education Board, at Tologa Bay, for school and schoolhouse. I lost all my labor on it, and the greater portion of the £126 (including Graham, Pitt and Bennett’s) was incurred through that. The regulations were so stringent that they could do anything with you. It was taken from me and given to Mr Skeet. The sureties were Messrs Harding and Orr—l think they just about cleared. If I had been allowed tp go on, and do the work satisfactorily, as I believe I wu doing, I would pot have been in this difficulty. I believe the Tologa Bay job was three years ago. It waa a long time after that, in 1888, Trimmer got judgment against me. I never got a farthing out of the contract. I had another small contract there, for a police station, otherwise I would have owed Mr Trimmer more. I lost about £2OO on the Tologa Bay contract. I Worked nearly twelve hours at it every d*v. All the bad times came on me about 1887. Since then I hate never taken contracts; I have gone on da/ labor, and there is very little of that. To Mr Bisvwrlxht: I have bsen married seven years, in April—to Mr Flock’s daughter, There is one property (two bousas) in Gia. burns in my wife's name—on Scotians ia Roebuck Road, I sold lot 5, flection 38», Gisborne, between four and five years ago. ta Mr Christopher Grey. Did Grey mortgage it to ynr wife ? Debtor: Not that I know of, Continued: The mortgage you mention may have baeu on—l don’t remember anything about it. Grey took ths property for £2OO, subject to the Building Society’s mortgage. He paid me the £2OO, long ago! not at the tlm *. I held ths d«eds as security, ’Mr Sievwright: Hers ia ths transfer’.] I mnst have had a mortgage than, but I don't remember it. The transaction waa witfl ms. I built the house and morigakel it to the Building Society for £lOO. £5O of which WM paid off. Grey naid tne £l6 cash, and the rest muat have baan on mortgage, I havg spent the £2OO. Mv wife got none of it except for ordinary household purposes. The leasehold was made a present to my wife by her f ither, a little over three years ago. It cost her about £3O (arrears nf payments} before going into it, which ehe had earned herself. I have spent nothing on it qf my qwn. It was a Borough lease—half ths 'erm has now run. It was mortgaged »hen the present was made to my wife—there ia about £3OO on' it now, My wife had a little under £lOO of her own when we married. I don’t know exactly ; I never asked her. I did not think it w»s my business; I did not ask bar, nor did irhe aek m». Wi h regard to the £2OO received from Grey I had to live, and have spent it ail. Far three years qnd more I have earned an average of 22s fld a waelt-n that is since I started the Star brewery con. traol. My wife paid £6O, as shown by the bill of sale, for furniture, etc. It was really bought with my wife’s money—J cored as her agent. Ido not know if ehe ppent any more money. I contributed no part nf tha £6O. I was not in difficulties then—l owed ao man anything, nor did I until I started the To.oga Bay job, Mr Sievwright said they had the facts that since the time mentioned he had 22s fid and rent free, Debtor said he was practically living rent free, but he bad to keep h’a wife and children.

Mr Sievwright: Yet for four years you. have admitted'y hod over £lOO a y*ar ! Debtor said he had o’her expenses; he hsd been to Napier to try and get work, He bad not squandered any money. Hit wife since their marriage had not time to earn an income of her own. There wag no understanding on his part that Mg Trimmer’s judgment would be delayed aS he would satisfy it—had not instructed hie solicitor to say ao. Had then bean working up the ooaet. Never kept pny books, because he had not anticipated getting into trouble. If he got into trouble through not keeping them, it would bg. the result of ignorance. The furniture waa there it they wanted to take it —he could walk out into the street at any time. ■ U J To Mr Watson: The Building Society fees had been all paid l>y flis wife. To Mr Sievwright: Flook, be believed . was in difficulties wh-n he transferred th* property to the daughter. To the Assignee : I think the furniture te now worth about £l5.

To Mr Sievwright t I have only my ordinary tools, worth about £S IDs. 1 oan always get a living with them and work M well as others oan with better tool*. To the Assignee : I had no other meauc when I sold the property to Gtrey. I wa, perfectly solvent when I made over the fornitore—qll the debts wpre fncqrred since. The section (6 acres) on Kaiti ia a lease—it hag to be fenced, and laid down in grass at expiration. I laid it down in maiae, but Win, caterpillars are eating It off. On Mr Sievewright further questioning debtor in regard to the dates of the £2uG, and the incurring of the debt to Mr Trim, mer, he could not answer definitely. He did not usd any of the money to pay 0* debts to Trimmer or others—he had to the mon»y to live upon. On Mr Sievwrivht’e application the ex* amination wag adjourned until this (Thumday) afternoon, as he wished to go further into the matter.

Debtor said he had no proposal to make—he had made an offer some time ago of 5s in the pound ; five or six would agree if tha others would, but Graham, Pitt aud Ben* nett and Trimmer took no notioe of thfl matter. His wife had still a horse, saddle, and bridle, which he bad bought for her. On the statement being read over, debtor said be believed there was a margiu on thb bill of sale realised by Knox, and that Graham, Pitt and Bennett had get it. H u couid net key pobititel.v, without the dataoj When the property WM sold t« Grey. :.