South Australian Register (Adelaide, SA : 1839 - 1900), Wednesday 22 May 1861, page 3


LAW AND CRIMINAL COURTS.

INSOLVENCY COURT. Tuesday, May 21. [Before His Honor Mr. Commissioner Macdonald] In re J. Clift

First hearing. Nothing, however, was done. In re G. Bean. Final hearing. The insolvent is a tanner and currier, living in

Thebarton. Mr. Wigley appeared for a creditor named Chas. Henry Schoening. The accountant's report was read as follows :— 'The debts due from the insolvent amount toGeneral creditors, SUM. ISs. 8d. ; disputed debt, 575/. 19s. lid.; mortgaged debt, TM. 7s. Total, 1.236J. 5s. 7d. 'The assets are stated at— Unsecured, &7L Us. 4d. ; mortgaged, 70/. 10s. Total, 703/. Is. 4d. Deficiency, 578/. 4s. 3d. 'The Insolvent has been in business as a tanner and cm rier, at Thebarton. The books extend from 1833 to December, 1859, but I regret to report that ? they have been loosely and insufficiently kept, and do not contain materials from which profit and loss can be ascertained. 'The accounts filed are from the close of the tannery business in March, 1800. to the date of the insolvency. .'In reference to the accounts between Schoening and Bean, I beg to annex copies of my report mthe matter to the assignees. I would refer the Court for the causes of insolvency to Mr. Bean's statement in part 3 of his schedule, but it is to be borne in mind that to whatever extent the causes alleged may be true, tney arc m a great measure chargeable to the careless manner m which the books have been kept.' ? e M£,y%v- ^boening, a German, and a creditor tor 572f. J2s. 2d., was examined by the Otficial Assignee.. He stated that he had been in the employ of the insolvent. Before witness went to the digRings the insolvent gave him 10 per cent, commission and a salary. On returning from Victoria he lent Mr. Bean 100/. He went to the diggings a second time, and on returning he let Mr. Bean have 296/. Told the insolvent about nine months after he lent him the money that he wanted it. Kept the shop from June, 1S54, to December, IStiO. During that time he entered all the money he received on account of the business. Took stock sometimes twice a year, and gave the account to Mr. Bean. Never kept any memoranda of the stock-taking. About 401)/. or 500/. worth of grindery was taken by the insolvent and sold by auction before he left the shop. Cpuld not say if that was part of the invoice of grindery from Elder, Stirling, & Co. About ISO/, worth of goods were left in the shop at the time of the insolvency. One of the insolvent's sons was in the shop last year. The shop was not under his (witness's) charge then. Mr. George Bean kept the books, whose charge the shop was under. Sometimes Mr. Bean took the cash out of the till, and sometimes his son. When the insolvent took possession of the stock, at the end of 1851, it was worth about 150/. or 180/. Had received several cheques from Mr. Bean. Had asked him several times to settle with him. Mr. E. Stirling was appointed trade assignee, and Mr. Hardy solicitor to the trade assignee. The case was then adjourned till Monday, at 11 o'clock. Two pounds per week was granted to the insolvent for maintenance; but it was directed that it should not be paid till after the adjourned final hearing. . In ue August Deoenhaudt. The insolvent, who is a publican at Stepney, :ame up for his final hearing. Mr. Bakewell attended on behalf of the insolvent. Subjoined is the accountant's report:— ' The debts due from the insolvent amount to 384/. Is. Id. 'The assets are valued at 177/. 9s. 9d. Deficiency, 5u6Z. 11s. 4d. ' The insolvent has been in business in the Maid md Magpie Inn. ' The Iwoks throw no light on the business done in the house, and there are no materials whatever from which I can prepare a balance-sheet. ' I am unable to say if all the property is ac:ounted for or not. The insolvent has rendered me jvery assistance I have required.' No person attending to enter opposition, the insolvent was awarded a second-class certificate.