INSOLVENCY COURT. - TUESDAY, OCTOBER 22. [Before His Honor Mr. Commissioner Downer.] - The South Australian Advertiser (Adelaide, SA : 1858 - 1889) - 23 Oct 1867 (original) (raw)

(Before His Honor Mr. Commissioner Downer.]

Ik re Gcstavb Wiedenbach, of North

Rhine, Farmer. — A final hearing. Me Lake

appeared for Messrs. Falk & Co., opposing

creditors. The Accountant's report was read as

follows: — 'The debts are — Unsecured credi

tors, £259 6s. Id. ; creditors holding deeds of

freehold, £213 15s. ; total, £473 Is. Id. The

assets are — Book debts considered good, £34 Ids.

Sd : freehold property, valued by insolvent at

£200; total, £224 19s. 8d- Deficiency, £248

Is. 5d. The insolvent was in business from

April, 1866, till January, 1867. The books and

accounts produced show a loss on gcods sold

from the shop of £172 16s. 4d. ; but insolvent

says he took goods out of stock into a hawking

account to value of £100, reducing the loss to

£72 16s. 4d. ; the expenses of the business are

estimated at £61 lls. ; interest, £20 16s. 7d ;

living expenses while in business. £134 lls. 3d. ;

do. since January, 1867, £78 5s. 8d ; total, £368

Os. 90. In April, 1866, he states his capital at

£10 Os. 3d. A profit on purchase of a lease is

accounted for £8 ; a profit is shown on the

hawking business of £56 19s. Id. ; and

since January, 1867, he has earned £45;

total, £119 19s. 4d. ; leaving the defi

ciency, as stated abjve, £248 Is. 5i'

The insolvent was examined at some length by

the Official Assignee and Mr. Lake, and Salsch

Slank, of the firm of Falk & Co., gave evidence

in contradiction of a statement made by insol

vent, that he never had a waggon in his posses

sion. Mr. Lake charged the insolvent with ob

taining goods by meins of false pretences ; also,

with obtaining goods without reasonable expec

tation of paving for them ; and also with neg

lecting to keep proper books of account for the

purpose of concealing the true state of his

affairs. Wia Honor, in giving judgment, ac

quitted the insolvent of the charges, and

awarded him a. second-class certificate, sus

In bE Thomas Smith, of the Goolwa, Ship

wright. — A final hearing. The insolvent did

not appear, and a warrant was issued for his

Is be Thomas Makbetx, of Kanmantoo,

Smelter. — A first hearing. On the application

of Mr. Bundey, who appeared for the insolvent,

be was permitted to retain his earnings whilst

passing through the Court.

In be Charles Chamberlain, late of Hack

ney, Gentleman.— A first hearing. Nothing

In be John Blue, late of Guroeracha, Tin

smith. — A first hearing. Mr. Bruce attended

for the insolvent, and applied that he might be

allowed to ksep his earnings whilst passing

through the Court. The application was

In be J. H. Smttb, of Brighton. Black

smith. — A first hearing. Mr. Mildred appeared

for Messrs. Harrold Brothers, opposing creditors.

In be Jas. PRiTT, of Hindmarsh, Publican.

—A first hearing. Sir. E. T. Smith was ap

pointed trade assignee. Mr. Mildred, on behalf

of the insolvent, applied for maintenance, and

an order was male for £10, to be paid after the

ordinary, expenses of the estate had. been met.

In be Caroline Carleton, of Adelaide,

Schoolmistress. — An adjourned final hearing.

Tbe Accountant's report was read as annexed : —

'The debts entered on the schedule amount to

£107 6s. 4d. There are no assets. The insol

vent has kept a school since October L, 1864.

There is no record of the income, but she says

it was insufficient, particularly during the last

eighteen months, to meet her necessary ex

penses.' There being no opposition, the insol

vent was awarded a second-class certificate

In be Herbert Woodcate, of the Meadows,

Gentleman. — A final hearing. Mr. Moulden ap

peared for the insolvent. The subjoined is the

report of the Accountant: — 'The liabilities

are— Unsecured creditors, £414 9s. lid. ; balance

of purchase money of the farm, £2,400 ; total,

£2,814 9s. lid. The assets are— Real estate,

mortgaged for balance of purchase money,

£2,400 ; sundries valued at £26 10s. Sd. ; doubt

ful debts, £173 6s. 3d. ; total, £2,599 16s. lid.

Deficiency, £214 13s. ; against which, insolvent

states, that under the will of the late Mr. Win.

Woodgate, he will be entitled to about £4,0TO.

The insolvent started in January, 1866, with a

clear cash capital of £900 lls. 7d. ; and he has

contracted debts in business to amount of £414

9s. lid. ; total, £1,315 Is. 6d. Of this he has

lost — Deposit paid on account of purchase

money, £1-O ; improvements on the farm, £88

9s. 9d. ; in farming operations and stock, £374

3s. Id. ; on purchase of furniture, £66 13s. 3d. ;

on realising the assets, £13 2s. His living

expenses are entered to amount of £280

10s. 7d. He has paid law and insolvency costs,

£44 15s. 2d; and there is unaccounted for,

£147 10s. 9-L ; total, £472 16s. 6d. His rela

tions owe him £173 6s. 3d. ; and there are

other assets to value of £26 10s. Sd ; total,

£199 16s. lid. General totaL £L315 Is. 6d. The

money unaccounted for is the only item to

which it is necessary to draw attention. A

proper account has been kept of the remainder.'

The hearing was then adjourned for a fortnight

on the understanding that if the insolvent signed

documents conferring upon the Official Assignee

power to obtain money upon property in. Eng

land to satisfy the claims of the creditors, he

would be granted a first class certificate. On

the application of Mr. Mildred, a provisional

maintenance order was made for £10.