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-- PaulKlemick - 07 Sep 2007

IN BANKRUPTCY.

Re JOSEPH HOFFMAN.
An adjourned meeting of the creditors in this estate was held in the office of the Deputy-Official Assignee (Mr. R. Dewar) yesterday afternoon, when there were eight creditors in attendance. Mr. W. W. Henderson appeared for the bankrupt.
The Assignee said that since last meeting, he had ascertained that the bankrupt had purchased the horse previously referred to from Messrs Wright Stephenson and Co. for £20, and had paid for it by three cheques for £6 14s and cash £4 14s 4d, receiving the balance back in change. He thought the creditors were, therefore, entitled to the horse. He had been advised that the last payment of £9 9s 9d to Mr. Johnston was a preferential one and might be recovered. Mr. Johnston wished to meet the creditors, but if he had to refund the royalty they might not get the pit, and it might be that the bankrupt was only agent for his brother Thomas Hoffman.
Mr. Shirley said they should get the money, as there was money in the pit. At the same time Johnston had another man ready to go into it.
Mr. Henderson produced a statement of bankrupt's receipts and expenditure from the 1st of August last year to the 16th July inst., showing receipts from the pit of £611 11s 4d, less outstanding accounts £12 4s 6d, and deductions from wages for board amounting to £21 10s, and for powder £31, making a total of £634 16s 10d, and included £312 15s for wages and £87 6s 10d for royalty.
The bankrupt, in reply to Mr. Shirley, said he filed on the 16th inst., and had made no claim on anyone for coals since filing. He had presented an account to Mr. Ibbotson on the 18th for £14 odd for his brother, who asked him to hand it in as he was passing Ibbotson's. He did not as for payment of the account, which might have included portion of the June account in it, but he did not think so. Ibbotson said he would pay it on Tuesday. He told Ibbotson his brother Tom was supplying the coal now and that the money was for him. He made out his own account against Tregilgus (up to the end of June) at his own house and added Tom's account to it at his (Tom's) house, but could not explain why he had not made out separate accounts.
To the Assignee: He made a note on slips of paper of the daily output and copied them into the daybook at night, but did not keep any of the slips.
To Mr. Henderson: He had been laid up for about a month in May last.
In reply to a question, he said he had no offer to make.
Mr. R. Buchanan said the only thing he could see was to adjourn the meeting and bring the bankrupt before the Court. When there was money due he claimed it, but now when there was money owing, his brother claimed the pit.
The Assignee said that to bring bankrupt before the Court meant money, and so far he had only got a promise of 7s 6d from one debtor to the estate.
After further discussion Mr. Buchanan moved, Mr. Shirley seconded, and it was carried. "That Thomas Hoffman be examined before the Magistrate, and that the "bankrupt be publicly examined."
Further resolutions carried were that the horse be taken possession of forthwith; that notice be served on Johnston to refund the £9 9s 9d paid to him on 16th July for royalty, and that the Assignee apply to Ibbotson and Tregilgus for the last accounts rendered to them.
The meeting then adjourned sine die. "The Mataura Ensign", 28 July 1904.

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