Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1869-04-07
Assignee vs. ASSIGNEE.

4osASnON V All
Tho strange and inexpIieable entan-
clements Of the law are sometimes
decidedly amusing to those not speci-
ally interested, the more so when
suits assume the phase of a regular
pitch battle between two e~xasperated
parties. Our readers will all re-
member the picture of two burly
farmers disputing for the possession
of a COW, while the lawyer sits calmly
by her side milking the animal, and
may draw their own moral from the
caricature. Lately we have had
quite an interesting legal ''episode,"
as Artemus Ward would have called
it, in our midst. as to the final settle
ment of which even the lawyers
themselves are in doubt, legal CUES
tons being involved on which the
courts having jurisdiction have
made conflicting decisions. But to
the case.
It will be remembered that about
the first of January, the firm Of An
derson & Rupp was dissolved, John
Anderson buying out s. NJ. RUpp.
Anderson Immediately made an as
signment to Jefferson Palm, Esq, for
the benefit of his creditors. This vas
under the State law. Shortly after
wards, Gordon, Mcmillan & Co., of
Cleveland, to whom the firm Of An
derson & Rupp were heavily indebt-
ed commenced an action in the L. s.
Court at Cleveland for the purpose of
forcing Anderson & Rupp into bank
ruptcy, which finally resulted in
their being declared bankrupts by
said court, whereupOn an injunc-
ton was served upon Mr.. Palm, en-
joining him from further proceedings
as assignee under the State Law.
At a meeting of the creditors of An
derson on last Friday, at the Office of
L. C. Jones, Esq, Register in Bank
ruptcy, John NJ. StuIl was chosen as
signee, he receiving votes represent
ing $46 900 worth of debts, and Nj.
Palm 5000.
Saturday night Mr.. Stull proceeded
to take possession of the store prop
erty of Anderson & Rupp in Obedi-
ence to an order of the U. S. Court.
This was effected without the knowl-
/ edge of MI. Palm or his consent there
to. Shortly afterwards, Mr.. Palm,
having become aware of the change,
appeared on the scene of action, and
/ demanded admittance to the store
and possession Of the property, which
was refused. After several Intellectual
attempts on the part Of the beseiger,
and some parleying with the beseiged,
Mr.. Palm withdrew his force in good
order, and peace reigned until Sunday
evening. AT this time Mr.. Palm,
having commenced suit in the Court
of Common Pleas against John NJ.
Stull, John Anderson, NJ. o. Messer
and r. o. Hawkins, the two latter
having been in possession of the store,
and procured a injunction from
Judge Tuttle enjoining them from In
terfering in any way with him (Palm)
in his duties as assignee, appeared
again and repested his demand, but
without success, and at present wri-
ting Mr.. StuH still holds possession
of the property.
1t is claimed by Mr.. Palm that he
is assignee under the State law. and
as such is entitled to possession of the
property. On the other hand Mr.
Stun claims that Nj. Palm il not as
signee under the statutes Of Ohio, fol
the reason that he has eve filed q
bond or been qualified as required by
the Law of the State, and also thai
the action of the United States Court
in Bankruptc supercedes lSsst Of the
Probate Court