Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-09-27
THE LAST CHAPTER
OF the Odd Fellows Savings and CONNER
ciaI Bank Litigation.

OF the Odd Fellows Savings and CONNER
cial Bank Litigation.
In recent decision OF the ease usually known
the Odd Fellows Bank case, made by Judge WILL
Jams, and which was published nfull in the RECORD
UNION, the late Presley Dunlap was appointed ref
cree to take an accounting. Recently the referee
filed his report, and on this the final decree was
drawn by Judge Williams, and it has been filed
with the Clerk OF the Court OF this county. 1t has
been accepted final by all the parties to the case
Following is the full text Of the decree;
In thesuperior Court, COuntyof Sacramento, State
Of California, H. G. Smith, plaintiff vs. Odd Fellows
! Savings and Commercial Bank, Peoples Savings
Bank, A. B. c. Nusbaum ct al, defendants-This
| Court, having heretofore on April Is, 1883, rem
dtred decision in this cause, IN and by which de-
cree Presley Dunlap was appointed referee, and as
such was ordered TO take account and lille a report
herein, and the said referee now having presented
and filed his said account and report.
and it appearing therefrom that the total amount
received from plaintiff by defendant, the Peoples
Savings Bank of moneys and property formerly be-
| longing to the defendant, Odd Fellows Savings
and Commercial Bank Is with interest, S35', JOG ~
and that said Peoples Savings Bank has paid out
of said sum to Wells, Fargo & Co. and TO plaintiff
Sl29 $50 o. leaving in the possession OF said Peo
| pies Savings Bank the sum OF s225,26I 20, which
| last mentioned sum is 50 per cent OF the claims
| owned by said Peoples Savings Bank AGAINST the
| odd Fellows Savings and Commercial Bank, and
which said sum said Peoples Savings Bank is enti-
| tied to keep and retain as its proportionate share
Of the property, aud as such OF said Odd Fellows
Savings and Commercial Bank
And 1t further appearing that the total receipts
BY plaintiff as assignee of said Odd Fellows Saw
| ings and Commercial Bank have been and are the
| sum of 500, 1913 so, and that the total payments
and expenses of all kinds made and incurred by
plaintiff 90 ouch assignee amount to the sum Of
S433 62I II, which includes the said sum retained
BY said Peoples Savings Bank, leaving balance Of
cash In the hands of the plaintiff amounting to S73,
542 80 that in addition to said cash on hand there
are also assets in the hands OF the plaintiff OF the
value Of e67 O0O and consisting Of the balance due
on the Riverside ranch, and balance due on note Of
Ed Cadwaader and that in addition thereto there
are certain claims consl ered as valueess which latter
or Yalueess claims are not considered herein, but in
the event that anything is ever realized therefrom
are to be the subject Of supplemental decree that
the total money and property now in the hands OF
plant II is $50 242 80 that the judgment creditors
directed by the original decree herein to be paid in
full have not yet been paid and that S5S,554 IL will
be required to make such payment leaving bal
ance in the hands of plaintiff TO be distributed to the
creditors Of said Odd Fellows Savings and CONNER
cial Bank other than said judgment creditors and
said Peoples Savings Bank, OF 81, 6SS 49, And 1t
further appearing that the total amount Of the |
claims OF said creditors entitled to share in su h
distribution is $50, 433 03 and that the names
OF such creditors of the Odd Fellows Savings
and Commercial Bank. so far as they can
be ssceraned are hereinafter stated in the list OF
names contained herein; and it further appearing
that the property IN the hands Of plaintiff and sub
iect distribution aforesaid Is sufficient to pay
TO each Of said creditors 50 per cent Of his claim
and no more and that the sums set opposite the
names in the lists hereinafter given are respectively
80 per cent Of such claims, and no good reason ap
pea-ing why distribution should not be made, and
the respective parties to this action who have ep
peared herein, appearing and asserting thereto,
and all and singular the premises being considered
and understood it is ordered and adiudSed and de-
creed that the defendant the Peoples Savings Bank,
keep and retain the funds in its hands, that is
! g., +fa nm f a
share Of the money and property OF SAID Odd Fellows
Savings and Commercial Bank, being 50 per cent. CT
the Claims owned by It.
It is further ordered, adjudged aud decreed that
said plaintiff pay to the persons hereinafter named
55 per cent Of their respective claims against said
odd Fellows Savings and Commercial Bank, that is
to say, to pay to each OF sad persons the sum set
opposite his name, as follows:
~ Brosius 3 80; P. c. Brown, s. 20 Fl. Blei-
don, 50 90 E. W. Brewer, 81 40; e. Bacehi,
$35 GO Kate Barrow, IS DO VIM. Desbro, s43 40
G. W Elsey, Sl3 Il; A. Egl, Sll % C. NJ. Ever
hart 81 70 E. F. Garfield, IS "a; E. j. Gregory,
IS 70 E. L. Gautz, Sl5 81 j. L. Harvey, SO II
L, J. Haight, 81 a 5 Harvey, So 43; J. A John
son 81 81; L. jackson, 81 &c 7. ". Knapp, 81 IS;
John Litchgow, $50 So l.. Lttleeld, u cents E.
Mccormack s. 26 John Mester, 80 %; J. 2. Per-
raZzo S2l 50 F. L. & J. 2. Richardson, Sl4 % J.
v H. Safford, 81 q J. X. Smith, s. 50; D r.
Silva, g AZ; II. 0. Seymour, S6 0S; VIM. Stephen
son, 81 SIS; E 4. StaGsbury, SIS 49, Kate Tnreike,
s2s 90 G. D. Tnreikle, SIT "a; John Writ, $40 81
| c. b. Highly, s725 81; ]. Frees, $3.50; j. I. Day,
! s33U, h. NOri9rLN, StJ DV hCl-tl, gyot % IL
Shields, 50 81 D. M. Callahan, s. 43; E. Geary,
81 IS; T M Shields, 81 Os r. Z. Johnson $40 20
John Hitler 81 Is NJ T. Kite, 1896 J. N. Harris,
so 70 !; J, A. Blackburn, 500; Henry Dunn, a
| cents; P. z. McMlnnaney SPA 50; David Haskell,
Sl95 Mrs BenninC, ST y Chas- kenoPp, Slo3 so
A D. skinner, So IS; J. S. HARRISON, S63 40
Clark & Davis, s. 40; VIM. II; Noses, 81 y
Henry uuruan. Sl25 IS; John Adams, Sl05 40 f.
NJ Norris ST. 50 L. Clark, S193 70; !. P. Eldred,
| $50 Sc John Troy, s14s 80 Elizabeth Entwistle,
sIl3 50; Henry Eek SIC 81 P. H. Themes, 1913 IS;
I
Charles Day, s. 81; A. Pearson, Sl4 s.; c. Run
van, Sl54 IS; Ii, Schultz, Sll IS; Sprague,
81 g. John Sweeney, s. II; Sarah f. Styles,
$40 81; f. l. Style, S32 81; Sacramento Branch,
S69 81 Charles Schneider s. 81; a. Schneider,
IS 81 ; Henry Stsfer, SO %; F. Schqauss, g SO
F. W. Stone, go 3S 4. Shurtlef, Sl2 10; a. J.
Smith 50 90 John Ycsbing, S431 50 b. Vance,
SSs g J. T. Straight, $50 40 J. a. Smith, Sl4 IS
H. C. Sheldon, SOC So; William Sharp $44 IS;
Louis Schadt, $3.50 81 C. G. TAFT, 81; A. D. D.
Taylor, S297; II. J. Temple, SIC o. b. ". Tooker,
81 81; $ N. Tly, sl2 81; Ellen Taylor sl5s 90
Alfred Alp, "a cents; u Votair, sS4 %
A. P Anderson, S. 90; Eddie Allen, sl47 40
L. NJ. Adams, g Z6 All Same, Sl65 IS; B. Alex
ander, SO II; Alexander Hutehings, g 81; S.
Beveridge IS Il; August Braun, 80 60 Blue Range
Encamprent, 1924 IS ; G. f. BTenner 1851 So 4.
Bertotamer, Sl.3 48; Nora Barker, 81 Is; Bank Of
suisun, $685. 90 Mrs. j. l. Bradley, 50 90 P Il.
Beamer, 50 81 f; a. BrizaId, S3S GO; John Boyer,
S33 81; C. j. Burnett $50 So; Robert Beck,
S24T 80 D. o. Cook, 81 81 a. r. Carlo, So o.
Costumes Lodge, 1867 60; C. \. Coolidge, S55 %
William Clifford, Go cents; Charles g Cairn, 800
Z. T, J. Cartiss 81 Il William Cook, $50 OF
Ada J. Collins, SD % Rosa A. Caferty, - Mary
F. Cook, 81 %; Il. 81 CRADLE, Sl58 g.; G. F.
Chapman, SIG 50; Cizrk & LAWS, $40 05
E l. Dickinson, y 70; Charles Doyle sic 50
Robert Dunn, sos 90; 81. Y. Das, S96 81; AIRS, 5.
DYER, SO 50; j. B. Ollie, $50 OF Minnie Drew,
! IS - Antoine Botria, $50 81 f. H. b. Derdell,
S33 % Charles \. Eyerts, $ 81; Frank Enos,
Sl60 40; C. W. Edwards, 81, $40 l6 Annie taga1,
SOL o. W. p. Emery, SO So Q FitzhenTy, - s.
estate Of Freeman a20 oS Adrian Foster, l 80
James Fnnegan, 50 cents; William Palmer, $40 81
! Eliza Geary, 81 6S John Cosuck, s. 81; estate OF
| J. a Gardner, S32 q II. Camel, @2i Is John
Guisto s3S SO sam Gilman, S3S 63 T. }. Grieve,
| S53 So +; John J. Gray, 90 cents; ). F. Hopkins,
81 Is; A z, Hill 5s cents 1inoie Hunt 81 "a
! William Harris s102 A B. $. HinssOn, SIS CO;
Edith Hale, SIS % john Hitler, SO so; Cherries
| Hayward, Sis Ii; A. jost, So OF J. W. Johnson,
So &C.; Mrs n. N: Jacobs, 50 %; a. Jenkins,
5 / 10 Alice and Belle Koon, 81 rs J. a. King
man, S93 Seq koon, 81 81; Henry Klein, 500
| T. Knox, 2l65 &c; 5. k0on, 81 OF; G.. A. kida, SO
cents; T. 5. kurpensSy, Sill 81 William D.
knights, $3.50 6s; Fannie C. Kohner, Sl5 90; L. a.
| Litteton, 81 % Joseph Levy, A cents; Stephen
Leahy, 81 cents L, Litteield, 81 49, }. M. Logan,
80 cents; Charles Langdon, SliS so; Z. Little
field, So -; J. Iemaia, 81 %; James Nc
| CATCHY, 81 cents; r. II. Murphy, S55l So:
z. B. Landon, s. 55; P. McCaffer:y, sll u;
". D. McDonald, S23 -; F. W Marvin, So 81
H. T. Mccormack, s. 90; J. L. Morrison, 81 80
| Charles S. Mcdonald, $40 50 William Murphy,
| sI5I "a; NJ A. Mason, 81 81 Willie A. Mott,
90 cents; James Mattel, GIL 81 D. C. Morrison,
| 81 As; L. A. Norman, II cents; James Nighten.
gale 1920 "a C. NJ Nubauer, 40 cents National
| Gold Bank & Trust Co. sos IS; A. Norton, S3s SO;
| Watts Pugh, 81 As; Thomas Quinn, go %; A.
! Root, s18 81 G. Romani, $50 50 John Riley,
I s22 81; R. Robertson, 500 John Rupprecht,
| 500 IS r. Wittenbrock, S47 70; J. Warrington,
! Sl53 II; George Wentz, s. 81 {; W. T. WadroH,
| So 80; William Wilkinson, 50 50 John Walsh,
| IS SO n White, sl5s; Hattie Wenberger, SCI IS;
! J. NJ. Williams, So SO John W. Walter. Sl63 lG
Thomas Walter, s. 80; May f. Weaver, % 20; A.
| T Whitman, 90 cents; W. J. Woolsey, sS42 81;
John Hitler s24 70 Unknown, 81, 422 81
| It Is further decreed that plaintiff make such
PAYMENTS on demand to said persons, or % their
! respective assignees that no interest be charged
against plaintiff in favor of any of said parties until
after demand of payment, and that after such de-
nand and failure the part Of plaintiff to pay, in
] terest be charged against him at the rate OF per
cent. per auuum and it Is further decreei that al
/ ter such demand and failure Of payment, the said
PERSONS respectively their assiguees, have execc
| ton against plaintiff therefor. 1t Is further de-
! creed that plaintiff upon making such pay
| meDts and upon paying the Judgment creditors
"a REQUIRED by the original decres herein, be re-
leased from further liability account OF the as
| sigurnent made 70 him by the Odd Felows Savings
/ and Commercial Bank, except as to any sums ne