1911-05-04 — Page 5

BANKRUPTCY - COURT.

The Bankruptcy Court was held to-day at the Supreme Court, boforo His Lordship the Chief Justico, Sir Francis Piggott.

ORDER FÖR ANNULMENT.

An application was made ou bohalf of A. Rumjahn for the anualment of bankrupto pro coodings. Mr. Fletcher, Deputy

Omoiul Receiver, made tho application under section 20 of tho Bankruptcy Ordinanco.

1

די

You borrowed $3,000 for the Zotland House?—Yes,

Who from?-Different people. You have not specified the dates, Zetland Houso did not Pay, so you continued to borrow? -Y08.

THE HONGKONG TELEGRAPH THURSDAY MAY 4 1911

And to what do you attribute your failure? To bad debts.

What kind of bad debts ? from whom, sailors?--Various

Was the business paying whion | them to pay this money, and re- The barber's and compradore's and later to Mr. Owon." you commenced it?-Partly. coived a letter from the solicitor alop you lost money on Yes Where did you get the money What was your next loan?. of the China Merchants Associa- And recently, your business line from The three thousand, Debtor's reply was inaudible,tion, saying that the account had beenchiefly confined to jewellery? which I paid down, I borrowed, "When you started the Baltimore been paid by the firm in the pro-Yos.

And what about the other Hotel, did you owo anything? sence of one of their reprosonta- I understand you løst $100,000 | 81,000? That came out of the -No.

tivos. The socond debtor upon on gambling?It is not correct.usiness, later on. the books also replied that, he I don't gamble.-

The business, at first, was had paid the monoy owing to Lam I dare say you don't, but you fairly prosperous?-Fairly pros- Cheong to two of his representa- have not lost $100,000 in perous, lives

Among the doubtful gambling?—No. 1. debts two letters had been re- And you owo about $50,000 or turned to the official receiver $60,000?7-Yos. from the post office "address What are your "nesots?-Peo- | Chita. · unknown," while no reply had ple owe mo about 800,000. boon received to the third. Debtor explained that a China-people. Among the debtor's assets was man in Macao,owed him $19,800 the sum of $336, which he had but bo was now poor, As soon as doposited with his solicitors, and he became rich again he would had been refunded on his, the pay him again. sponker's application, and $77. In any event his promissory note from-the sale of a liko policy. in-mortgaged-to-Mosers. Ulmann |

and Sennot Freres?-Yos An- other man named Major Sauvage owes me $10,500. He is now in Portugal.

the Baltimore?—Yes.

Did you keep any accounts?

Notwithstanding that Zotland Mia Lordship Who_make_lonso did not pay, you started the application?

Mr. Fletcher-1 do, un behalf of the debtor. The section states that" where it is proved to the satisfaction of the Court that the D'Alonda-I think you debts of the bankrupt have been

paid in full, or fully soured.". * His Lordship-You apply for annulment of the proceedings?

Mr Fletcher--Yes, I am satis- fed that the debts have been oither paid in full or are fully secured. This is an old case. A potition was presented in October, 1008, the ground being that the debtor had given notice that he would suspond payments of his dobits. At the frat'mect- ing of creditors 's composition of 25 per cont. was suggested, but no further stops wore täkon with regard to this. After com siderable onquiry. I was satisfied that the estate was quite solvent. The story of the proceedings is one of negotiations with these various secured croditors, and after a great deal of property had changed hands in many ways, and the present position is that there is a sit of $180,000 owing, which 1 am satisfied is fully secured. There are unsecured debts amounting -to-$5,788,luo-to_two_creditors. with whom arrangements haavo been made. I would nek your Lordship to grant the order.

Thiq application was granted. A. BOARDING-HOUSE KEEPER'S AFFAIRS, He Rose White, public exam ination.

Aboul how much?- cannot

kily,

l.

a

I

No.

showed me some books. I show

ed-you-a-register.

What did you consider your Jiabilities to bo when you started the Baltimore? I should say something between $10,000 and $15,000,

No.

Did tho now business pay? Subsequently you borrowed money on bills of sale for furniture

in the Baltimoro?--Yox.

How much?-About $2,000.. Hayo, you given the Oficial books you have got? Not all.

tocciver all the bills and account

Mr. Harris, in reply, romarked that the Official Roceiver hnd read certain letters which had not been put in and which were

not avidance at all. At the time

of the petition His Lordship was satisfied that there were suflicient assots.

His Lordship-I did not go into the question. I was satisfied for the purpose of the application,

Mr. Harris-He was put into the box for the purpose and you wore satisfied that there were sufficient assets.

is your duty to do so?—Yes.

Why not? Don't you know it

When you entered into partner-poses ship with Dr. Puul you did not tell; him about the bills of sule? Yes,

I'did.

So when he says that you did ot, he is mistaken?--Yes, I did

toll him.

Mr. D'Almuda-1 will ask for

adjournment of this case, the next sitting.

The case was adjourned until

ALLEGED FRAUDULENT

PREFERENCE. Ro the You Sui firm, application for a Receiving Order.

His Lordship- must have some evidence of the acts of bankruptcy.

Thero were

ever

At

T

The debtor further stated that he expected the Major would pay him on his return to Hongkong. ·

Will ho como back?-I cannot

say,

Your creditors gave you a pith in which to onnble you to find out some good book debts. Have you found them?-- I was laid up for three weeks in bod, and I have not done anything so far,

Supposing you are given a further month, what assots do you expect to recover?I don't know of any. I can only do

best. What do you expect to get? cannot say.

1

my

You won't enquire of the Major

That is you got the goods to sell at a profit?-Yos,

POLO.

THE PONIES FOR AMÈRICA. The toan of 35 ponies selected for the use of the English toan in the forthcoming test matches for the Cup have sailed. We can bo sure that this time our representa- tives will not be beaten because thoir ponies are inferior to those of their opponents, English polo playors havocome forward to help, and some first-rate: ponies have boon. lent. Capt. Horbort Wil aon, the No. 2 of the Rochump- ton team, has sont eight, some of which ho bas bought

How did you accumulate them; did you allow people to run up mounts as they wished ?-Not ad lib; but when a person has spent four or five dollars and runs short you cannot say No.-

You have promoted boxing with a view to these matches: entertainmonts from time to the others are the pick of his well-known stable. Captain time?Yos..

And what money did you re- Lloyd takes four of his own, and carve out of that P-About 2,000 to his judgment wo owe in great alungether.

part the selection of the 14 pur- That wont into the business ?clusoil for the Amorien, Oup Re- Yes.

covery Fund. Lord Ashby St. What are your total debts Lodgers, the Duke of Wost- About $10,000,

minster, and Mr. Targott, di Iriel player, havo also come forward, so that a team of well-trained and seasoned ponies has been collect- ed, If, as there is reason to bo- lieve, our team are well able good light for

That includes three thousand in the beginning; you started with debt of $3,000 and have never bean out of debt?-There was $3,000 for the business and $1.800 for license fee. I started $4.800 in dobt...

to make a

Intimations

BUTTER.

OUR

"DAISY" BUTTER is the finest quality Table Buttor Imported.

We stock three other brands at prices to suit all. The Dairy Farm Co.,

Limited.

POPULAR "ASAHI" BEER

the Cup, it is satisfactory to rolleet that want of suitable ponies will not turn the senle Note our Price $12.00 per case con- gainst them. The American Laining 4 doron quarts or 6 dozen team have also done their utmost to collect a first-rate lot of ponies, Hobgkong, 7th April, 1911.

pinta. passending, so I hear, even to India

And you have the opinion that if you still carried on the business you could make it pay 7-1 do not know it does not pay at present, of course in the past I have had no real chance. have been

;

Did you pay interest 7-Yes. How much-Altogether the interest-cost me $450.

A year or a month 7-On the whole loan.

That concluded the public examination; -

A SCHEME OF ARRANGEMENT. Ro. J.-C. Logau.

In this case, which was before the Court at the last sitting, the Deputy Official Receiver naked that the debtor should be allowed

Ho

To-day's Advertise rents

for likely animals. It should bo a splendid contest, perhaps one of the greatest of modern polo. Nor will the victory of one sido or the other bo the end, if our team win we shall have to strain ovoryTHE nerve to defend the Cup; if we lose polo mon will not rast till anothor offort has been mundo to | rogain the Cup.-"Globo."

To-day's Advertisement.

NORDDEUTSCHER LLOYD,

BREMEN.

LINE.

[81

CHINESE ENGINEERING AND MINING COMPANY, LIMITED.

OTICE horoby giron that an EXTRAORDINARY GENERAL MEETING of the Chinese Engineering and Mining Company, Limited, will be held at Winchester House, Hall No. 174, Old Broad Street, in the City of London, on WEDNESDAY, the 17th day of

Mny, 1911, at 12 o'clock noon, for the passing a Resolution anthorising the purpose of considering and if thought Directors to borrow or raiso such farther NOTICE TO CONSIGNEESs of money as they may think fit, TP Steamship

"BUELOW,"

No alalms will be admitted after the

Lut so that the amount borrowed or raised by the Company and then out- standing shall not exceed three-fourths of the Issued capital of the Company...

Dated this Slat day of March, 1911. By ardor of the Board,

ALFRED W. BERRY,

Secretary.

22 Austin Friars,

London, E. C.

..

[1108

His Lordship-For the pur-

of the application only. Continuing, Mr. Harris said there was no evidence before the Court to show that there were no substantial assets. Debtors nl- ways denied that they owed monoy, particularly when they were in America, and know in Lisbon to start with. Whoang bick the whole time. that they could not be pro- will you onquire of?—I can write ceeded against. The moro fact and ask him to repay the money. that the Oficial „Receiver, did Is there any money you expect not consider himself justified-to-recover definitely within_a in instituting proceedings in, monili ? No. One can never say Amorien did not prove to Ifis what will turn up. Lordship that there were no I understand you need to got His Lordship-So everything

assols which could be got if pro- your jewellery from Messrs. has been settleil.

Mr** Floteher-Yes. Thero is Str. Carliner stated that he per proceedings were taken. His Ulmann and Sonnet Freres on" a large amount of landed property, appeared for the petitioning ere-Lordship must have been satisfied consignment? Yes. and two largo insurance life, ditor. The nots of bankruptcy at the time, particularly as the polices, amounting to about were set out in the petition point was raised by the Official Ro- $80,000.

transferring his goods and the coivor, that there were substantial And I understand you used to partners in the frm absenting assols. Mr. Harris submitted sell these things or pawn them ihemselves from their place of with all respect that if an order and not account for them?-That continue his payments, which business. The stock-in-trade, of was once mado His Lordship had, is wrong. You have not got the would be about $100 to $150 the firm or a great portion of it no power at all to rescind the re- right story. The story is that month, until he had paid in full. had been transferred.

coiving order. Thore was power when I first started business I That was proposed rather as a IMPERIAL GERMAN MAIL to rescind or annul nu adjudica- bought jewellery to the extent of scheme of arrangement. The debtor stated that she was

tion order, and of course, if he go $100,000 cash. They got mo toked for an adjudication order. recently proprietress of the Bal-

wished, the Official Receiver got goods on consignment, and I After tiffin the debtor went into timore and Zetland Houŝo Hotels, The Official Receivor-There could have tho debtor adjudicated lost my money.

the box and deposed thinthe started Slo begin about five years ago in are two affidavits before your bankrupts rescinded. There was debtor stated that in 1903 he gave with no capital, save a launch,

F and then apply to inve In answer to Mr. Flatelier, the business in 1004, as a contractor, Blue Buildings, and then moved Lordship.

Zetland House four years ago. Contiming, Mr. Garliner said no power, however, in that Court, his daughter a house, and in 1005 which his father gave him. In having arrived, Consigness of cargo aro She borrowed about $2,000 at the there was a question of fraudulent to rescind receiving order he settled the sum of $0,000 on 1008 he wont bankrupt, but, on horoby informed that their Goods, with time. That was her first debt.preferonce.

Cases home her. Ile was not in debt at the paying his debts in full, he was the exception of Opium, Treasure and She opened the Baltimore about His Lordship-Where's proof where such orders had been time.

discharged. Later he entered into Valuables, are being landed and stored 21-2 years ago, and borrowed of that?

rescinded under section 104, but In answer to Mr. D'Almada, a partnership with Capt. Nicol, to at their risk into the hazardous and/or $3,000 in order to open-it-The-Mr. Gardiner-There's the defor some reuson or other, who appeared on behalf of crodiran the Imperial Hotel. He had extra bazanious Godowns of the A limited number of the Circular Hotel was refurnished by hor.claration of Ho Su Chu which the Attorney-General, or who tors, Tavares said he always land previously borrowed-$3,000 of Hongkong and. Kowloon What! and later to Shardholders is in the hands of The two houses had paid at times, was filed on the 7th of April.

framed the Ordinance, money. He came to Ilongkong that gentleman and when the Godown Company, Limited, Kowloon, the Agent and can be had on Applica but owing to bad debts she had

Tho Official Receiver-With had thought fit to leave that section with $150,000. He commenced partnership was dissolved $2,000 and West Point Dudowny, whence tion. lost a lot of money;"

rogard to the question of fraudu-out altogether. Ile submitted an exchange business, and in was written off the debt, as addivery may be obtained.! How much did you lose a year? lent preference, Mossis, Sander that the Court was bound by the about nine months he made consideration. His total clebts -I really cannot tell you. Wieler and Company donied that powers given to it by tho Ordin- $13,000 profit:

were about $5,000, and his total Goods have left the Godowas, and all. Regular Steamship Service

to New York, they over received the goods.ance.

If the application was

Mr. D'Alanda--Were you ever assets, book debts, &o, were good remaining undelivered after the

10th of May, will be subject to rent. vis PORTS and SUEZ CANAL There was no evidence of that.

granted, said Mr. Harris, it would, banished from Macao?..

$3,000.

All broken, chafed, and damaged It appears from your slatemont

(With Liberty to Call at Malabar Mr. Gardiner-1'll file further mean that the debtor would be Debtor caused some daughter

To what do you attribute your Goods are to be left in the Godowns,

Coast). ofaffairs that your unsecured debts | affidavits.

let loose in the streets and liable by replying in English,No, bankruptcy or failure?-Com-where they will be. examined on the amount to nearly $20,000?—Yes. ALLEGED DISHONESTY. to be imprisoned for all his debts. | nevor."

petition on the harbour, bad times 10th of Alay, at 9.80 a.m. Part of the amount was money Mr. Fletcher male an applica- That was entirely opposed to the You told the Official Receiver art heavy expenditure in the borrowed?--Yos, Mr. Robertson tip for tho recission of the receiv principle of the ordinance. The that you nover gambled. Have oflice, of Price and Company borrowed ing order made with regard to application at home was over you ever gambled in a Chinese Hoine money and I stood guarantor Lam Cheong.

made on balınlf of the Official Ito-Club!-No, novor. to him.

Now I put it to you that you How much did lie borrow? Mr. Harris.

The application was opposed by coiver. It was made by the dob

tor and opposed by the Official gambled in a Chinese Club and And you are now living rent $0,000. Ho died and I was called

Mr. Fletcher said he made the Receivor. It was not right that lost, in one night, over $50,000.frne by arrangement with Mr. upon to pay.

application on two grounds under the Court should be used in order-That is all lies. You had better Buttonjeo. You are selling goods To whom did you pay the Sections 8 and 29 of the Ordin to punish the debtor for not pay-prove your sintoment.

for him?--Yes. monoy?—I haven't paid it yet. anco. The debtor was a man who ing his debts. If the order were Mr. D'Almuda-It is not for mo

Oh, you haven't paid it yet 7-was prosecuted at the criminal granted, it would be impossible to prove. I am asking you. No, but I gave Robertson some sosions for misdemeanour with for a Californian merchant, who In answer to further questions, regard to his bankruptcy petition, became bankrupt, to be protected the debtor stated he had no assets What proof have you of it? and was acquitted. The history as he should be protected. The at all. Surely, you have an I. O. U. or of the case, briefly, was that the only two points he brought for something? I have.

dobtor filed his petition in March, ward, were that the Court had no Then why didn't you give it to 1010, and on the 10th of that inherent jurisdiction, and also that mo?(No auswor),

month a receiving order was to make the order would be to Why did you want to mado. It appeared from the pub-abuse the principles of the Bank- givo Robertson the money? lie oxamination that quite short-ruptcy Act, which were to protect (No answer),

ly before, he went to various, the debtor. merchants in Hongkong und His Lordship deferred the bought nearly $20,000 worth of question. goods upon credit. Thore he sold and according to him, he used the proceeds to repay depositors. In The next porson for public oxamining the names of the de- examination was is Mr. Tavares, You borrowed $2,000 at about positors in the booke he found that who in reply to Mr. Fletcher said the same time from Mrs. J. C. mnny of them had names which ho started business in Macao, as yours?—Three and a half. Wong? That was at another were not unlike tho, dobfors and a curio soller, with a capital of timo.

further thint they all lived in the $10000.

to that?Sorgeant in the Army From Captain Gillin you borsame village. They were pro- Mr. Fletcher You bogan Service Corps,”. rowed from $4,000 to $0,000?— bably rolatives of the debtor. business in Hongkong, twelve How did you acquire the Praya

Lam Cheong put in a statomont of years ago with $150,000?—Yes. East Hotel? I bought it. Do you moan to tell me that all affairs which showed :-Good What business did you do in Who from? Mr. Rumjahn and Chat money has gone into your books dobis $3800; doubtful Hongkong?-Different kinds of Mr. Owen. business? Yes.

debts $5152; and bad debts business.

What price did you pay?-Six was it that the firm came Mr. Leo. d'Almadu, who repro: $10,222. His Lordship held in

to be Hyder Brötliors?-Whon But that does not explain at thousand dollars.→ sented creditore, cross-examined the criminal proceedings, the all? I had a barber's shop

And what did they get the hotel we bought the cattle from. Hir assets available for the creditors-and a compradore's shop and such for?-Mr. Rumjahn previously man Singh be made all three of You started in business by bor- might include the whole of those like,

bought it, I believe at an auction, sign. rowing?—You,

assets. In the ledger the sun of And you bought and sold for about 8600, When did you pay off the $3000 was owing by n Kong jewellery-Ye $2.0007-aven't paid it yet, Wick Wo firm of San Francisco. You did some exoliange basi you pay interent on that 2. Ho the spiker, ment, then moss and dealt in house property?

mongy.

A

On the 2nd November, 1910, you borrowed $3,500 from Mrs.

Yiu A Kai?-Yos.

What debt did you pay with that money-Tho expenses of the hotel.

Yo

debtor.

Lusual notice, call

HEAVY LIABILITIES.

And you do not care to collect the money from those who owe it you-It is not a question of caring; I cannot get hold of them. The examination was closed.

A BAD START. Before the Registrar, Mr. C. Molbourne...

All claims must rasch us before the PROPOSED SAILINGS FROM JONGKONG, 14th of May, 1911, or they will not. What office had you ?—I had 60 ] be recognized.

FOR BOSTON and NEW YORK. Des Voeux Road, at a rent of

No Fire Insuranca will be effooted. 8.S.MUNCASTER · FAbout 11th Bills of Lading will be countersigned $160,

CASTLE" May. the undersignal

And you undertake to pay to the Official Receiver the profits that you mako-about $150 a month?-Yos.

Tho examination was closed. BAD BUSINESS.

- The head of the firm of Wing Chung, stationers, also appeared for examination. He attributed his failure to bad business, Mr. Fletcher suggested to the debtor dust the petition was brought by a friend of his to help him out of The public examination of R. H. is difficulties. This, however, Whittaker, proprietor of tlie Prayathe.debtor denied. East Hotel, was next dealt with.

Mr. Harris-You are proprietor of the Praya East Hotel Yes.

You have been there about four What was your business prior

Yos

And sold it to you for $0,0007-

EXAMINATION CLOSED. In the public examination of Hyder Brothers, one of the debtors stated that he, lús brother und his mother carried on the

by

For Freight and farther information, KORDUEUTSCHER LLOYD, apply to

MELCHERS & CO.,

General Agents.

Hongkong, 8rl May, 1911.

DODWELL & CO., LTD.,

***Agents [7 Hongkong, dib May, 1911

[1107

DRAUGHT

ALE & STOUT,

in Jars of from 1 to 5 gallons

business of a dairy. He bought Syphons of from 1 to 6 gallons

a number of cattle for $800, and about six months afterwards Iught another lot for $500. Two years ago he bought a fur-

her fot

The Official -Receiver-How

Where did you get the money frum?—I have saved part from my pay I am working at the Naval Yard and part of it was thousand down and three thon given, me by my wife. The

examination was close,

thousand down and three thon:

and:

H. PRICE & CO. LTD.

12, Queen's Road Contrai,

HONGKONG.

29th April 1911

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