South Australian Advertiser (Adelaide, SA : 1858 - 1889), Wednesday 23 October 1867, page 3


INSOLVENCY COURT.

Tuesday. October 22. (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 creditors, £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 deficiency, 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 insolvent, that he never had a waggon in his possession. Mr. Lake charged the insolvent with obtaining goods by meins of false pretences ; also, with obtaining goods without reasonable expectation of paving for them ; and also with neglecting to keep proper books of account for the purpose of concealing the true state of his affairs. Wia Honor, in giving judgment, acquitted the insolvent of the charges, and awarded him a. second-class certificate, suspended for six months. In bE Thomas Smith, of the Goolwa, Shipwright. — A final hearing. The insolvent did not appear, and a warrant was issued for his apprehension. 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 Hackney, Gentleman.— A first hearing. Nothing was done. In be John Blue, late of Guroeracha, Tinsmith. — 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 granted. In be J. H. Smttb, of Brighton. Blacksmith. — A first hearing. Mr. Mildred appeared for Messrs. Harrold Brothers, opposing creditors. Nothing was done. In be Jas. PRiTT, of Hindmarsh, Publican. —A first hearing. Sir. E. T. Smith was appointed 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 insolvent 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 expenses.' There being no opposition, the insolvent was awarded a second-class certificate without suspension. In be Herbert Woodcate, of the Meadows, Gentleman. — A final hearing. Mr. Moulden appeared 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. ; doubtful 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 relations 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. England 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.