, 1879-03-04

pattIcs uxccpt 4, G. Tfcsng soon after did 30.
II appears. moreover, TINT notwithstanding this
resemptory demand, and Sir. liesn2's failure to
comply with II. tie AssiRnso took no step to en-
Judgment against fIcang untler the stipulation and
compel him to pay tho amount OF his notes
NJ tho others had done, but Tint on
the 1th Of Aprl1. 1874, over throe months after tho
judgments referred to above Ind boen Affirmed. and
hfs right 10 take Judgment aralnst l1esug under
tho stipulation becssne absolutc, and ovcF two
snontha aftcf he had gtvsn notice that hc would
proceed 10 da 10, the Assignee appliod to Judge
11lodaett In Chambers for Instructions ~ to what
he ahould do III tho matter. whcreupon
THE FOLLOWING ORDER,
which had been previously prepared by hEs own
law pnttner, Ncn. Leaks, who had been employed
a. counsel by 1osInz, was presented to the Judge.
w,o tndorscd It. ''Entcr. IT, W. D., /" md which
was subsequently cutcred Of record In tho matter
OF tho Ucrmanla Insurance Company. bankrupt:
''The Assignee having this day mhdo application
for nasrnc'tona as IN tho matter Of the claims Of
said Company .gninst J.. c. tfcsinR, and the Court
hastn1 fully cona!dered tho snms. does hereby or.
der and direct that tho ead Assignee do of1er the
nntes anu Indebtedness 1T the said lesin:, together
viii! the stock Of ihe NIIaois Staats- Zti{Hn1 Com.
pnny depnsIted 10 the tame. At private rale
10 lhose dealing In such securities In tho City Of
Chicago, and t0 self the tu tho perrou making
the highest md best Did therefor In cnsh, first
porting tic amount Ut such bids 10 this 'ourt and
he Will nut deliver such noses and cullatesafs until
such fale shall be confirmed by this conrt."
Il appcats also that At the a1,uo time sF. Vocke,
tho Assignee. presented Il petition 10 Judge Uto1-
Gett AsSsng permission to nell q number OF uther
noscs. coatcfals, mud judgments which were
among tho asAc:s Of the Gernlaula Insurance Com
pany. and regarded BY hin, a. despcsasc, In which,
however. ito reference was u,adc tu the claim
1InS1S
thc mode in which thty should be sold, upon
which tho Judge made tn" fnlluwIny tudorAe.
n1cht: 'Enser order That Assignee eeil the with.
Unnamed claims III public auction; notices ten
days In Journal and Inter. 0csIn. II. ". H."
Which order was subsequently entered Of record.
II appears, moreover. Tint minute OF the last
mentioned order was entered with the proceedings
OF that days bnAlncss on page 2:i OF the cisrk'A
minnte. look. whltc minute OF the Que first 1nen.
t:oned appears on page ~. facing page ai, under
The heading, "Tucsdsy, April =, continued" It
also appears that thu law reporters u The daily
newspapers In Chicago werc In tho habit o!
CONSULTING THIS MiNurr-nooK
every evening aftcs tbs business hours Of the
curt. and Of publishing report Of thu vn.lous
orders appearing therein In thelr respective jour-
nails tho following morning.
In a1dttion to tlis, It uppears that there was pub
ltshea Ut that timo In tho City Of ChItnRo pupcr
called the Chicago Tally La.o D4ifetia,
devoted exclusively to tho daily publication
Of tho various orders ea.ared and other
proceedings Ind In all courts Of record. statu an
Federal, In that city together with bills Of sale,
chnttei mortgages. ETC., recorded, and that the
compiler Of that publication was not only in tho
habit Of examining the minute book referred to
above twice each Dig. ut noon and about o'elock
p. n1.. md Of publishing the various orders thrro
In found In tho daya lsaut. but le also in
tho habit Of looking back through thr proceedings
of tho previous days n orJor to be that he had
overlooked or omitted nothing that had been dono;
yet, while each Of tho daily newspapcrs ~ volt a.
tho Ian Bulletin contatned IN order direct
tng the Assignee Ut the Germanla Insurance
Company to sell the ''dcsperase" assets In
bis hanus at public auction, there waa no notice
or Intention whatever ia any OF them that ar order
had been nude for tho Aassmos to solicit. bi1s for
the 1Icsing notea and the Sfdat4- Zsitnnq stock
.pledprd to SECURE tho same At psFsatu sale.
- 1t furthermore appears that M. Vockr. tln A.
'slgnce, = ':"t :.
l. ADDRESSED CIRCULAR LETTER,
dated on tho sano day on which tue order was madc
to rasous parties. informing them 4st he had boc,
ordered BY tho Court to aoIl at prlvato safe tw 0
notes. one for s10 900. dated Sept. 10. 1R0u, md
tho otlc. for s., 600. datetl Jan. 10. 1B70 both
executed BY 4. C. lcsny, luu Oil drmanh and bcar-
Ing intercst nt the rate Of 10pur cent per annum
SECURED BY tic pledge Of 10 shares Of stock in tbs
Htillois Staaft- Zeltuag Company. mud soliciting
bids for the t.otes and collatcras. The evidences
ehuws, however, that tho Illinois Siaats- zsitanq
Company Ind paid dividends OIL ita stock Of 70 l,or
cent In April. 1877, and & per cent additional
In July Of the taMe year, Is per cent In Jun
ary, 1879. and 70 per ccut III January, 1874, an1
that Mr. Woke was n Atockhodcr In tho Company,
and drew Ills dividends such ~ thu iinlu Stated
yct no nllusOn WIS tnatlc In hs circular letter tu
tho dividends paid By the Con,nany as Affecting thu