Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-01-12
MANAGING A PAPER.
Mr.. Duncan Surcharges the Advance
Assignee With $5,O31 81.
SOME MATRIMONIAL TROUBLES.
Hattie Clark Sent to the Penitentiary for
a Rather Long Term.
AMARRIED WOMAN'S JUDGMENTS VOID

R. G. Duncan, Esq, auditor to pass on
testimony and report distribution in the
matter of the voluntary assignment of M.
w. Dallas & Co., to Rev. DR.. G. II. Nesbit,
has prepared his report to Common Pleas
No. 1, and it shows, in some respects,
rather remarkable state of affairs surround
ing the running of a religious newspaper
and the conduct of business.
Auditor Duncan says: "It appears that
M. W. Dallas and J. E. Dallas. NJ. w.
Dallas 8 Co., made a voluntary assign
ment on the 18th of December, 1873,
to S. n. Nesbit, in trust, to
pay the creditors of said firm. The
property assigned was weekly religious news
paper. known as the Pittsburg Advance, and
the necessary outfit Herewith, also books and
book accounts, subscription list and note in
the hands of Joel II. Bigham. all appraised at
S., l04 81. $1,000 of which was the value put
on the subscription list of 5000 names. The
assignee took possession February II, 1873, and
sold the assigned estate on July IL, 1879. He
charged himself with SIS, l04 81, and claimed
credit for the subscription list, which is billed
as a total loss as also Bigham's note then de-
Quoting necessary expenses, he showed bal
lied by the sale was S763 IS, and the sum total
realized from an estate appraised at S. lO4 81
was $237 22
QUEER AGREEMENT.
A previous auditor found in favor of the
account rendered by the assignee showing
balance of only Sl64 q in his hands, and excep-
tions TO his report were sustained by the
Court. Mr.. Duncan, however, finds that the
assignee entered into an agreement with Dali
las, one of the assignors whereby they, Nesblt
and Dallas, were. in the words of witness,
Ito stand together without any charge or COM
made to pay its Indebtedness; if it could do
that, il was to belong to us equally"
Under this arrangement the paper was run by
the assignee for about Is months, during which
time ne saws he lost about $500. and its circula
tion fell from 5000 to 1000 or $500 when the
property was sold at assignee's sale for S237 ~.
The auditor saws that during this time the as
signee acted as absolute owner, though he
claims to have paid some creditors of the as
signors. There is no statement OF the business
during these Is months. The auditor nnds
from the testimony that at the assignee's sale
of the property the assignee through other
parties became the purchaser of the assigned
estate, and continued to conduct the paper
himself thereafter.
MIsMANAGEMENT CHARGED.
he also says that in his opinion the delay of
the assignee in having the estate appraised, and
in promptly disposing OF it, and particularly in
entering into the above mentioned agreement
with NJ. w. Dallas was gross mismanagement
of his trust and such a violation of the doc
trine which forbids man who fills a position of
a fiduciary character to derive or attempt 20
derive any personal benefit or advantage from
such trust as should render him liable tn the
total appraised value of the estate. The auditor,
therefore. finds that the credit which should be
allowed the assignee in the sum of SI3 for nee.
essary expenses, and that he should be charged
with the difference between that sum and the
appraised value of the estate, and therefore
surcharges the assignee in the sum Of S., OBJ 81.