The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-30
THE COURTS.
Proceedings Against the Receiver Of the Mer.
chants Union Express Company.
THEATRICAL PARTNERSHIPS.
Terrible Commentary on .Wife's Hair
Pulling Proclivities.

In December. 1868, the Merchants Union Express
Company merged in the American Express Com
pany and the consolidation named the American
Merchants Union Express Company. OF the assets
OF the Merchants Union So $4,000 was put into tho
new company, and OF the remainder William \. Allen
(snce made and still judge oil the Court OF Appeais)
was appointed receiver In August, 1874 having paid
nearly all the debts and disposed Of nearly all the assets
Judge Allen resigned ana turned over the balance Of
the trust fund, amounting to something over S. 00o
to his successor. David J. Mitchell. OF Syracuse. In
1874 Mr. Mitchell died. and Charles N Ross late State
Treasurer, was appointed receiver to succeed him.
Judgments to the amount OF si,6l5 II, payable out
of the assets In the rcceivor's hands, had
boon obtained by George W. Lewis, Cornelius
l. Cosman and John W. Rogers. in relation
to which the claimants, through their counsel. Mr.
wellesley W. Gage, seem to have had much difficulty
In getting any satisfactory explanation as 10 pay-
ment out OF the roceiver. Notice had been gwen,
growing out Of these circumstances, OF the settle
mont OF an important order, before Judge Donohue,
In supreme Court Chambers oday. The substance
Of the order TO DO submitted TO the Court that the
receiver DO thereby aojudged to be in contempt IN
having failed TO make proper return TO the Court and
that no be therefore ordered TO pay the amount
OF these three Judgments or DO committed to prison
until such order complied with. The amdavits
relied on In resistance TO such an order are
principally those Of the receiver and his counsel.
X Tracy. In his own affidavit the receiver
states AZ his reason Tor not making or fling his
accounts that he has been unable ind any property
Of the company, except such may have come into
the hands OF his deceased predecessor. ana that he
had been unable TO procure statement IRON 10
effect any settlement OF the affairs OF the company
with the executors OF his predecessors estate aud Is
unable 10 state what, II anything, Is due from The
estates that he has placed the matters OF tho company
In the hands Of his counsel with instructions TO elect
speedy accounting and settlement OF the same with
the executors Of the Mitchell estate, and until such
accounting and settlement had he will pc Unable 10
pay or settle any claims against the company or to
siate whether there are any funds or property belong
nR 70 II to apply In payment OF such claims.
Rollins Tracy, the counsel referred To the lore
gong affidavit swears TO one accompanying 1t, IN
which he says the receiver has placed tho matter Of
settling the Affairs oil the company III his hands; that
mp to the present time he has been unable 10 effect
any settlement or to ascertain the condition oil the
accounts oil tho former receiver at tho time Of his death.
or whether there then any moneys property Of
the company MItchell's hands at The time oil his
death, and his knowledge and beiiet the pres
recover has fluids property in his hands be-
longing to the estate out vi which to pay any judg
ments which TO renuer an account or Inventory
This affidavit was sworn 10 on the 10th OF Feb
ruary, 1877, and the preceding one by the recover
on the preceding Gay. subsequently thereto stato-
that during the year 1876 The receiver had paid
On account OF the trust Iund by The executor Of his
predecessor tue sum oil $1,000, ana that 0i tins
during the same year six payments had been mado to
his counsel, r. Tracy, tho whole payments to whom
are Stated at l52 40, or nearly There
stu other aud subsequent nihdavs on the part OF tho
receiver, IN which II Is alleged that balance oil s. $50
% supposed to remain In the hands OF tho executor OF
Mitchell, and that he the receiver, paid
bhsn he has received, ana mas NO other assets In
opposition 10 the foregoing there are presented
afidavitS IN support oil the order asked tor
intended to mpeacn tho truthiuness OF the foregoing
ahdavlts IN respect to the there, in that
the time they were the anu his counsel
had been unable TO OBTAIN any settlement from the
ecut0r OF Mr. Mitcnel Such assertions, Is claimed
are conradicted by tho subsequent statement OF tue
receiver showing previous receipts from executor
Of $22 000 and number OF pay oil
There also the affidavit OF Wellesley W. Gage,
BEL Tor the petitioners seeking to enforce
order putting the receiver IN contempt, which ho
states that before tue date OF the RECEIVERS aduvt
and on April O. 1876 he lcounsc called upon him ut
Albany IN relation to the payment OF those
Aod was then Informed that ABOUT 81 900 had
cevcd from tho executor OF the Mitchell estate and
that about ST. 500 moro was expected TO DO received
Notwithstanding previous decision Of the Court,
which would Seem TO indicate that order OF tho
character asked tor, or some order Of u similar
ture punishing Tor contempt, would be granted, there
WILL no doubt, DO strenuous resistance tho part Of
the receiver to this short the part of tho petit
loners to the realization vi the Of their judy
menta
ID T nv II