, 1874-02-07
THE COURTS.
Important Decision as to Set
Of.
Two llotcl-nlen Who Cannot Agree.
a Widow Suing for Hor Hus-
bands Estate.
DECISION Ia 70 BET-oFT.

A. worry Important decision was rendered yo8tcr-
day by Judge B1odgott in tho matter Of tho an
rlicatton Of tho Commercial National Dai1l for D.
set-oH against tho ostate Of Farnsworth, Brown
Il Co., bankrupts. Tho question n "a to tho rriyi-
logea Of merchants and others 10 havo bonn ado
transactions upheld or overturned by aubao-
quent adjudication In bankruptcy. Tho opinion
statos the faots:
Tho firm Of Farnsworth, Brown e. Co, wero
practically known to bo In an iraolyont condition
Oil tho 18th day Of Dcoombcr, 1872. prtor to,
aud ut that umo, thoy hud kept banls-
account with tho Commercial National Dank,
and, In tho due courac Of buHinoss lad deposited
with tho bank duly indorsed drafts on their
country customers. When tho money was COL
looted on such drafts, 1t was to bo passed to tho
crodit or general balanco in favor OF tho firm.
Some fow daya aftor tho 18Th, or about tho 24th
of December, pctition In bankruptcy was filed
against Farnaworth, Brown & Co., and thoy we're
solvonoy Of tho firm, mud partially aitor tic pet-
tfon was flcd tho bank collected on theso current
drafts somo money (ovcr 81, ,200), and tho q,,os-
tton WINS, whether the money was to DO rotainod
to be applied on tho noto hold agaiuat Farms
worth, brown j. Co.. or paid to tho Assignee to
bo applied on the indebtedness Of the firm.
Tie Judge bold that this could DO applied on
the indebtolneAs to tho bank. First, thero waa
o general lien IN fAyor Of them as bankers and,
secondly, It would assst In tho adjustment of tho
under tho20tl Hoctiont MS mutual dobt aud credit.
CAN T KEEP HOTEL.
Nfols ?. Lassen and GuatayuB Shepard havo
boon 1atoly engaged IN running what wns onco
has, however, urieen, and Lnsson lled his blll
yesterday, III the Circuit Court against Shepard,
aakiug for an account and dissolution. LasBo1l
aays that the partnership was formed In Septon-
1n29r' 1879, oacl .p party agreoing to contribute
however, contributed much mora tlan Shepard,
and tho lattor has refused to inako
up his balance. Shepard has also fralduleutly
giyon tr',st-deed to ono Morris in trust for bis
{shcpardB) vito, and to secure d note for 81, 600,
party, purportiug to conyey au undivided half
Of the porBonal property In tho hotel, whorcaa
complainant allegoB he only owned thro 3-eighths,
Various fraudulent aud erroneous entries wore
made III the books, aud they, havo been kept in
such loose nlannor TINT it is Impossible to do
ter1nino tho condition OF tho FIRMS affairs from
thom. Complainant, therefore, In Wow Of
these circumstances, asks q dissolution
Of tho partnership, and oil Injunction against
Shepard to prevent him from collecting tic firm
dobts, or interfering with It's affairs. Ills was
granted under bond for $4,000.
ONLY HER RIGHTS.
Annette stcnrnB, widow Of james Z. stearng,
deceased, filed . bill yesterday III tho Circuit
AOAA htu2l9k 1ull W. okEAIHH HuQ join ~.
stearns, Jr. sho relates TINT in 1867 her hus-
band formed q partnership in tho whocAale
grocery business with tho two defendants, which
continued until his death, in April, 1878. His
interest was one-third, but she COM
to divide tho firm assets, aud
giro hor her share. Tho remaining partners
claim that there is nothing owing that tho do
ceased, in January, 1878, few months before
ho died, withdrew from tho partnership and took
n MI c1n Int
thinks thiB very insufficient excuse, as tho
profits OF tho firm wore about $4,000 annually.
and sho therefore asks that an account may be
had, and the defendants dcoTeed to pay oyer tho
amount Of her husbands share, together with
interest from the time Of lis doath.
THE e1NGER HEw1Nd-1iAOH1NE COMPANY AGAIN.
-. Another BILL waa filed BY tho interchangeable
Singer Machine Company yesterday in tho Cir
t,,ls euit c@pNrt @ against John Pearson and
VII WIFE, The o,D I'LL sets cut the pri1eii,
ngainat Nichols and Pearson. It appears that in
October tho firm owed tho Company s4850,83
which Pearson said was all right, and agreed to
pay. Ho represented himaolt % owning largo
amount Of roa! estate, and credit was allowed, TO
great. extent, on these representations. Fho
complainanta hayo since ascortainod that Pear
son has conveyed aomo Of his property to one
john Morris Us Trustco for Poaraon'a wife, aud
lie now boasts that ho cannot pay tho indebted
nesa, nor can he DO forced to pay it. Tho Com
pany foarB that he may so cover up his romain-
ing property that 1t will be out Of reach OF legal
process, and therefore asks for III injunction to
prevent poarson or vito from further disposiug
OF their real estate.
A uoox-p1spEns' QUARREL.
Michael 4. Donahue filed bill in the Circuit
Court, Ihuraday. against Ills former partners,
Alfred J. Cox and Isaac ". Henderson. Com
p'ainant statoa that in July ho entered into n
copnrtnorship with the defendants i'll tho book
biuaing and manufacturing business Cox aud
Dopahle contributed more tnan Henderson, md
it was agreed that thcy should be paid 9079.54
ont Of tho firm funds Two notca wero accord-
iugly drawn up for this nraount, payablo in three
years from date. The fire destroyed tho
WIS dissolved. Tho partnership debts wore ali
paid except theso two notes, aud ba1ance of
about 5000 was loft Cox and Henderson are
now both insolvent. Donahue has repeatedly
but they hayo refused it, He maintains that ho
ls entitled to one-half OF tho $500, and also a
ahnro in tho book accouuts which hayo not boon
collected.
BILL TO ENJo1N GALE,
;, Abram II. barstow filed bill in tho Circuit
Iington:: Complainant OWNS Nos. $50 and 1873
[n 1868 lo mortgagcd the property to
|Yethorcll for $4,000. Tho mortgage
sortiaed it for sa1o Complainant objects, on tho
sround that tho cast door of tho old Court-H House
u not tic place intended for tho salo that The
mortgage il not recorded md purchasers will
lot pay full valuo and that Warrington is talk
ng advantage Of tho fact. Tho injunction was
granted.
UNITED STATES COUNTS,
Tho Lilo Association Of America commenced |
y action against Clinton Briggs and II. L.
Aldrich, claiming $1,000 on notes indorsed by |
lefondants for Wade & Huling.
BANKRUPTCY ITEMS. |
". L. Rolto, Assignee Of the Mcrcllants' III |
urance Company. filed petition asking leave |
o sell a lot Of tho Company's nssets in Dayon-
'ort, H., for $4,000, to William Allen. This |
nm the Assignee thought was the full yaluo |
nd the order Waa granted.
Nonj J. Bartlett, Of Lake, filed a volun-
ary petition to DO dooarod bankrups. His lin
'ilitios foot III, $82, ,930.78 while Ills asaets are
,nly $106G0.l2. Tho caso was rotened to tho
soEiator.
Valentino Dehncko Of al. wero adIudicatod
bankrupt by aofault, and warrant. Issued re-
alrnabl0 AGarch G.
An order WAS entered iii tho case Of Jenks G.
3arnca that tho adjudication bo rot aside and |
ilo proceedings dismissed it no objections arc
E4ed III ten alayH.
Leave WAS given to B. I. David et nj. to apply