, 1873-05-21


l4th os Ntsvsm0es, iszs petition e9
IN thu 1ntsd staapGb statos bstros Ssa oosss sa
BY one William ]. Hanna, as petitioner against
the Company. alleging non-payment OF common
vhile inaolvont as acts Of 6ankruptoy. The peti-
ton failing to particularizo the commerolal
paper the stopping Of the payment OF which ia
the alleged cause Of bankruptcy, nor describe OF
indicate tho particular h4 or speSo
ally that such commercial paper wero promlssory
notes Issued to said William J. Hanna, the peti-
tonor. for balance due him for loss BY fire on
property insured in tho, Republic Company,
os' se0s ofsssns Inc or ''fi plovsions
that might bo Contained in tho Instruments or
wTitings; that Hanna, in hia petition, described
generally as promissory notes, giving tho Court
no opportunity Of Judging whethor tho said writ
on condition, or whether they we're commercial
paper In any sense as contained In tho Bankrupt
act: that tho allegations in said bill that the Re-
public Company had made divers transfers Of
money to creditors Of said Company with intent
to give preference, WAS and is vague and gen.
eral Btaternent, not alleging single specific net
Or nets; that said petition was filed In tho United
6tates @ District Court on tho 14th Of November,
md 1ss2 ''% sgnias ihsnn' ss'F' as so1sfs as6st
that on tho aamo day and at tho same hour Of the
day, appeared in the samo office some person or
persons claiming to be tho httorneys Of the Re.
public Company, who then aud thoro flied with
words:
And now comes tho said Republic Insurance Com
nany o. Chicago Ill., BY Tennoy, Mcclellan b Tcnney,
its attorney and wvng the return day Of he rulo
tiona Of acts Of bankruptcy In the petition cot forth
and consents to immediate adjudication Of bank.
ruptoy as prayed in such petition.
That on tho Cling OF said pretended con{ension
Of bankruptcy tho Company WAS adjudlcated
bankrupt, and Joseph R. Payson was appointed
provisional Assignee; that there never has boon
at any meeting Of the Company any officer, or
retFsoa, =, o. pers9;ns whatever aathorizod By
legal meeting called for that pnFpone, to conBont
lo Insurance Company; that fenney, Iotlol-
In aa 4saE Mnnsz T.. had If nf he e S SyT ssS
causo,- and no right to confess tho
several allegations Of bankruptcy in tho said
petition, and no right to consent to the immedi-
rste adjudication Of bankruptcy; that 1t was not
THE said adjudication Of bankruptcy; petitioners
submit That all proceedings by virtue OF any
supposed adjudication in bankruptcy, or any
rights that might olaim to hare accrued thero-
absolutely void. Petitioners proceed to show
that Payson was, at . meeting Of creditors
OF tho alleged bankrupt Company, appointed
Assignee; that, continuing to act as
such, he has instituted proceedings in the
ber Of The sharehoiders to compsi tham tn ,. nv
him part Of the amount remainine ,1npaia ~ ~
the stock held by such atookholders that aaid
pAyson. has instituted suits against potitionera
"a stockholders for tha nretnnde3 n1,rnoen. 40
aforesaid which B1its arD r,oH nen1;nr and thot
he ia now making every effort ii hia no,raT h nhs
tain Judgment against petitionere. and r;ves ort
that ho will obtain them at the present torrn of
the District Court.
pAtifiopnra kIxt
acting, or claiming to act. a. Assicnna IN b.nk,,
ruptcy Of the Ropnblic Inaa1ranee Eomnsny N D, ms.
be restrained, By injunction Of The Canrt' from
proceeding any further oreinet petitionnarn main IN
said suits 1T law now pending against them by
setting aside and declaring as void Ind OF no ef-
feet al the proceedings which have been hsd or