New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-24
THE COURTS.

RECEIVER CARMAN TO BE REMOVED.
JUDGE wEsTBROOK DECIDES THAT HE Is UNFIT TO
SETTLE THE THIRD AVENUE SAVINGS BANKS
AFFAIRS.
In the suit brought to settle the affairs OF
the Third Avenue Savings Bank, Judge Westhrook mas
decided on the motion Of number OF the depositors 10
remove VIM s. CarmaD from the position OF receiver
but has not named his successor The most important
parts OF his opinion are as follows:
The present application presents this question Is an
individual who the 26h day OF December, 1874 was
appointed secretary then known insovent savings
bank by its then directors, who was used by them in
month thereafter to make and verify false statement
declaring It's soycncy and who was named by them rs
its receiver in suit which they caused To be Instituted
to wind up ts Affairs lit and proper person 10 execute
such trust Especially, should he be retained when
every creditor far Ia known asks for his ren0yaf
The statement OF the indicates the answer. II BIZ
representing bank be solvent, he surely Is not
proper person 10 be n,rusicd with The delicate ana I'M
porant duties which ne called upon, as receiver, To
discharge. H. after filling the Office OF Secretary ioI
only three days less than month ne COULD D: 80 esy
tauly has not the requisite mental gnancalions 10 Ra
pie with the difficulties which must surround INN III Ms
new position II nc was so cohding vs lo st az ~,
by Of excused as to take the ActuayS statement OF
the condition OF the Company a. true anu swcr p"i
lively upon mere information. without knoWieu-e, SJn
confidence may he imposed upon hereafter az IL cor'a'ny
has in the past, 10 the great injury OF others
Apart. however. from the objections when present
themselves the continuance Of Mr.. Carman as re,
affidavit in January last, his connection with the man
ayers of institution render him AN improper person to
discharge He the secretary Of their Sc
lection the receiver of their choice In his capacity
he will be called upon to investigate the acts OF ms
patrons and the proper discharge OF his dulles
may require him those 10 WHOM be
ia under personal Obligation Duty and feeling
should not collide in the person Of the receiver.
les, the investigation Of the receivers c0nduc as
secretary may become necessary. How many 0f the
prcent depusOrs Of the defendant II any. have become
srch by reason of his false statement IN January does
not appear Ii j. bat far to conclude, however That as
there was no public dsayowa by NJ. CIIInan OF tle
want of truth in his affidavit until this suit instituted N
September last to dissolve aud Distribute the effects o1
the corporation, startled the public that considerable OF
;he ceitOrs became such drng that period Is II ialr
to such persons Mr. Caran should ait IN Judgment
upon his cOnduci To this, most obviously, only
NEGATIVE can he gwen.
Tor the briefly stated. Mr. Carnah must
be removed aud q receiver appointed, Inc attOr-
news for the noyn parties viii prepare tho necessary
order and submit the same 10 me for approval.
AsAbel r. Fitch and Edward Fitch appeared for the
moving depositors; AgernOn 8. Sullivan for other de
posors: Peet and Han for the receiver Chas H. FAIR
child Deputy Attorney General, for the People.