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April 8, 1905.]
HO SAM EXPARTE THE INTERNATIONAL
BANKING CORPORATION,
The debtor had absconded and a warrant had been issued for his arrest. Mr. H. G. C. Bailey (of Messrs. Johnson, Stokes sud Master) applied for adjudication. This was granted, the Official Receiver being appointed trustes.
HANG ON EXPARŪE LAUTS, WEGENER AND CO.
In this case Mr. R. Harding made an application in respect of cost which went against the debtor in an action. He was subsequently adjudged bankrupt without notice to his client. An order was made.
WAI TURN EXPARTE THE DIBTOR.
Mr. Dixon (of Mr. John Hastings' ‹ffice) stated that this was an application for a re- ceiving order. The application, and declaration as to the debtor's assets, had been put on the file. An order was made, the official rec-iver being appointed trustee,
The Official Receiver- May I ask the debtor a question or two!
His Lordship-No, this can only be done at a public examination, and an order has now been made. You can summon him to your office and ask him any questions you like.
Mr. Dixon-The debtor has been in prison for the last three weeks on account of an action
in original jurisdiction. I brought him here, on a writ of habeas corpus, so as to obtain his release. Your order was for him to find $5,000 security or to go to prison till the Official Receiver was satisfied that he made a true statement as to his affairs.
His Lordship to prisoner-If you want to come out of prison you must communicate with the Official Receiver and make a full declaration of your property.
On the application of Mr. Dixon the debtor was allowed fourteen days instead of seven after the receiving order was made to file a statement of his asset".
JAMES CHRISTIE HXPAETE THE DEBTOR, This was a public examination by the Official Receiver. Mr. M. J. D. Stephens appeared on behalf of the Victoria Dispensary, Mr. H. G. C. Bailey (of Messrs. Johnson, Stokes and Master) on behalf of Messrs. MacEwen, Frickel and Company, Mr. F. B. L. Bowley (of MesATE. Dennys and Bowley) on behalf of Messrs. Radecker and Company, and Mr. G. K. Hall
Bratton for the debtor.
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CHINA OVERLAND TRADE REPORT.
233
Out of this $7.042 is owing to Messrs. Price | along. The license for the Metropole, and Company for goods supplied in 1904, both is the same as that for the Bay View, $1,800. for the Bay View and Metropole. Another $1,500 is owing to Foo Sik for repairs. My monthly expenses were $50 or $60. All the money was lost in the business,
By Mr. Stephens-I cannot say how much I was indebted when I left the Bay View, but should put it at about $2,400. I had the promise of a man going in partnership with me for $15,000, but this man did not turn up.
Mr. Stephens-You started the Metropole with a debt of $2,400 ?
Witness-I could have money and yet owe
money.
Mr. Stephens-In your letter to the Victoria Dispensary putting off payment you said you were incurring no new debt.
Witness-Not with the Victoria Dispensary. Continning-I went to Shanghai for matri- monial reasons. I do not reside with my wife, and have not made her any allowance since October last. Previous to that I allowed her £8 a month,
Mr. Brutton objected to the question "What did you go to Shanghai for!" saying :— Ask about the money but not about the man's private affairs.
Witness-I went to Shanghai for a month because my wife returned to Hongkong. She was sent back to Australia.
By Mr. Bailey-Between January_and November 1904 I obtained liquor from Price and Company, and from MacEwen, Frickel and Company to the total value of $10,282. This amount has not been paid. I made a small profit on the liquor. I cannot say exactly what the profit was, as some men take six pegs out of a bottle and others thirteen (Laughter). The profit would be about 25 per cent, but the rent, license, lights and boys' wages swamped this. I went on because I had the promise of a partner.
Mr. Bailey-You knew you were insolvent when you left the Bay View and still went on?
Witness-Yes.
Continuing-Since I left the Metropole I have fought with MoCoy and a soldier, and thus made money. Now I am living on a friend. I gave a cheque for $500 to Foo Sik which was dishonoured. I did not know I had no money left in the bank. I have had an offer of $40,000 for the Metropole, but refused because I had the offer of a partner. It would have been to the benefit of my creditors and myself had I accepted the offer, but I took the other man's word of honour as a gentleman;
By Mr. Stephens--I have not sent away bank drafts except the drafts of £8 to my wife,
By Mr. Bowley-When the oustomers heard I was in bankruptcy they would not pay their book debts, which amount to $4,000. The debts from debtors in town can be realized, and I rethink 90 per cent of them are in town.
I
Continuing-All the money I have earned from boxing has been put in the business. have not made allowances to any female. have given men $5 and $10 when they w
hard up.
I
You
Mr. Stephens-You say so. Witness-I am speaking the truth. don't think if I had the money I would come here to go into bankruptcy.
Continuing-I paid the Victoria Dispensary as much as $1,115 in one account.
Mr. Stephens-Was it not $6,000 you owed when you took over the Metropole?
Witness-Not that I know.
Mr. Stephens-Have you any proposal to make ?
Witness-No, I have nothing and may be here months before I get a job.
Mr. Brutton-I apply that the debtor be adjudged bankrupt and that the official receiver be appointed trustee.
There being no objection the application was
granted.
IN SUMMARY JURISDICTION,
BEFORE MB. T. SERCOMER SMITH (PUISNE JUDGE.)
R. FREIWALD VOLJACEK AND E. PILLIS-V. WILLY FON UFFEL. These were olaims for $400 and $250 respectively. Mr. H. W. Looker, (of Messrs. Deacon, Looker and Deacon) appeared for the plaintiffs, and Mr. H. E. Pollock, K.C., instruet- ed by Mr. H. Hursthouse (of Messrs. Dennys and Bowley) for the defendant.
Mr. Looker set out the facts of the claims as follows:-The $400 is owing by the defendant to Mr. Voljacek for services done between the 16th September and the 10th January. In 1903 the firm of Schwer Uffel was started here. The concern had four partners, three in Europe and
By Mr. Bowley-I commenced business at the Bay View with $8,500. Since then I carried profits from the boxing contests into the business. We paid nothing to Mr. Osborne for good-will but only two months' rent down. When Mr. Downes left I paid $2,000 for his share in a losing business, because another man was prepared to pay this, and the place was sup- posed to pay well in summer. I paid the $2,000 really on account of the good-will of the business. I kept a day book at the Bay View and Metropole Hotels, but had to trust to the one here, the defendant, the managing boy at the Praya East Hotel. I entered the partner. It was an ordinary mercantile firm total receipts of this Hotel into a book at the getting goods from home and selling them to end of each day. I had to pay $175 to Chinese. The firm possessed a private code so as Mr. Walpole in addition to the house rent for to enable it to order goods by telegram. At the the good-will of the business. This arrange- end of the first year the balance sheet showed a ment continued till October 1904. When I loss, and the business was not being conducted to went to the Metropole I had about $2,000 in the satisfaction of the partners at home. They cash. Up to the end of March 190+ I incurred made various complaints, later wrote a specific a total loss of $10,400. I was not heavily in letter stating their various reasons for com- debt otherwise, because I had a couple of boxingplaint, and finally issued a writ. A part of contests with side bets of $1,000 and also the gate receipts. I had the premise of a partner. I paid $3,000 for the painting and decorating, and ran up a large bill for furniture. The monthly rent of the Metropole is 8400. I spent
James Christie said:-I am the late pro prietor of the Metropole Hotel, of the Bay View Hotel and of the Prays East Hotel. I commenced business on my own account in December 1902. Before that I was licensee of the Prays East Hotel, where I was paid a salary of $150 a month all found. I commenced business in the Bay View Hotel in 1902 with $9,500 capital. I was in partnership with Mr. Downes. We took over the place from Mr. Osborne. Mr. Downes contributed about $900. I carried on the business from Decem. ber 1902 till March 1904. Mr. Downes left in March 1903 on account of sickness, when I paid him $2,000 for his share. At the start I did not pay out all my money. Each of us paid Mr. Osborne about $900. All along the business was not paying. Altogether I paid out the $3,500, of which $1,160 was for stock. A Portuguese clerk kept the books. I paid $1,883 on account for the Prays East hotel. There was an agreement that if the license money was raised Mr. Walpole would take book the business, and the license
close on $3,500 for the new furniture. was put up from $600 to $1,800. This furniture from the Bay View and Praya East business was losing all through the summer which I brought to the Metropole would be of 1903, no fest being in. When I was at the worth four to five thousand dollars. I raised a Praya East Mr. Collins was managing the Bay bill of sale on the total furniture for $2,500. When View. I went there twice or three times a sold the furniture realised $3,056. When I filed week. I knew the place was not paying. That my petition I estimated my assets at $15,000, is the reason Mr. Collins left, and I took the $10,000, being for furniture and $5,000, for chits. place over in November. I paid to Mr. Collins I left for Shanghai on the 16th November $150 a month. I did not leave the Praya East last. Before I left I knew a writ for till December, 1903, when I put a manager in $3,800, had been served on Mr. Brutton, my and went to the Bay View I had to leave solicitor. I returned on
or the 8th 10th the Bay View in March 1904, on account of December. I was not pressed by my creditors the Government taking it over to turn it into when I left. Foo Sik said he would take so Police Station. I then took over the much every month. The only amount owing to Metropole, paying $1,800 for repairs. I paid
was for seats put in the theatre. Cheong Lea down two months' rent in advancə, There was The stage was there before, and I collected no furniture there so I removed that from the scenery gradually. The seats cost $900. I took Bay View. The average takings at the Metro- the lease of the Metropole in my own name. pole were $2,800 per month. There was a bill First I made an agreement with one man but of sale for $2,500 for the furniture in the would not take him when I found out who Metropole. My liabilities amount to $21,072.
another mau GAME was, and then
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the agreement between the defendant and his other partners was that all goods should be ordered through the three partners at home. It was also a part of the agreement that if the business was prospering the defendant should be entitled to call out more capital. If the busi- ness showed a loss of fifty per cent. the partners at Home should be entitled to retire. In Septem- ber last Mr. Voljacek was engaged as book, keeper by the defendant. Just about this time the partners at home were complain- ing about the management of defendant and the state of affairs of the business, and had been writing out threatening to bring an action. As soon as the defendant engaged the plaintiff he asked him about this action, and from that day till the 12th January he was constantly engaged perusing all the correspondese to make replies, making extracts from the books, and generally employed to meet the charges |
defendant's partners, to enable the defendant to lay the facts of the case before his solicitors. The defendant went to Shanghai, and after he came back in September a writ was served upon him by the 'Austrian Consul. It contained eight various counts on which the partners in Europe sought
by
the
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