St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-12-01

fENHE STATE OF MINNESOTA, RAMSEY
L County-District Court. Second Judi
cial District.
Horace A. Taylor against North Star Mutual
Insurance Company. insOlvent
AT Chambers, November twenty-eighth, 1890.
The above-entitled cause came on to be
heard this day. upon the petition OF The st.
Paul Trust Company, as receiver of said in
solvent Insurance corporation, and the
schedules A, b and CT therein referred to.
and the proofs of the due service of the order
of this court made and entered in said cause,
dated November 18th, 1890, as therein di-
rected, and the accounting of said receiver
up to November 18th, 1890. which said ac-
count shows balance in the hands of said
receiver of S25, .35, which it is ready to
distribute and divide as this court may order;
and which said schedules, proofs of publica-
ton and account, have this day been filed
with said petition;
And it appearing to the satisfaction of the
court. from the said petition and schedules
that claims for losses and damages under
policies of said insurance company, and for
expenses of conducting its business, have
been filed with said receiver, and by it re-
ported and filed in this ceurt, amounting to
the sum OF ........... SOL ,I40.54
OF which said receiver
has paid as preferred
claims, under the Or
ders of this court -. $21O5I
And of which there are
claims diSallowed by
said receiver but not
adjudicated... 49,. 12,69423
-- IL. S94 "a
Leaving balance of such claims
duly adjuGicated. ....... S4S, S45. 80
And it further appearing from said petition
and said Schedule & thereto, that claims for
unearued premiums on the Cancelled DOl-
icieS or said insurance company have been
G filed with said receiver amounting to about
ST.. 230.1o, and whose claims have been filed
with said receiver. and by it reported to and
filed in this court as by it diSalloWed
and with its objections thereto, respectively;
that OF the said laSt-named claims, claim
ants to the amount of S54U.Ul thereof have
duly appealed to this court from the said dis
allowance of their respective claims by said
receiver, but that said other claimants have
notappealed therefrom;
And 1t further appearing, from the said
petition. that by reason of the facts therein
stated 1t will be necessary to make second
assessment Oh the balances due on the pre-
MUM notes III the hands of said receiver,
and that such assessment should be for the
full amount of such balances to enable the
said receiver to pay off the balance which
viii remain due upon said adjudicaied claims
(aIter making dividend thereon of the said
balance in its hands,. and that it is not
probable that such second assessment will
enable it to pay such adiLdicated claims in
full;
Now. OH motion of Harvey Officer. attorney
for said receiver it is ordered that all persons,
firms or corporations in any manner inter
ested in any of said claims or as max
ers of said premium notes. or in the
estate of said inSolvent insurance COMPANY
appear aud show cause, if any they can, at q
special term of this court, appointed to be
held at the Court House. in the City of St
Paul, in said Ramsey county, on Saturday.
the twenty-seventh day of December, A d.
1890, at the opening of said court on that
day. or as soon thereafter as they may be
heard, as follows:
Flrst-Why the said account of said re-
ceiver, this day fled should not be allowed as
stated, and the balance OF money which shall
then be adjudged to remain in the hands of
said receiver. distributed and divided pro
rata amongst the said owners of said claims
for losses and damage under policies, and
for the expenses incurred by said insurance
company in conducting its business, which
have been heretofore duly adjudica;ed or
which shall then be adjudicated: such divi-
dend 10 include the said unadjudicated claims
dIsai!owed by said receiver; and their pro-
portion of such dividend to be held in the
hands of said receiver until the same shall
be adjudicated. or subject to the further
order or this court.
Second-Why all claims tor unearned pre-
miums, which have been heretofore objected
to and disallowed by said receiver and from
which disalowanee thereof such claimants
have not heretofore duly appealed therefrom
to this court. shall not be then and there adj
Indicated as disallowed by this court as
pany.
Third-Why said court shall not order and
direct the said receiver to make and collect
second assessment upon the balances now
remaining due upon the premium notes III
its possession belonging to said insolvents.
for the purpose of paying the balance which
shall remain due and owing upon said adj
Indicated claims for losses ana damages
under policies. and for expenses of conduct
ing its business, in full or pro rata, as
the case may be, after the distribution
of said balance in its hands: and
IN the event that the same shall be more
than sufficient to pay said claims in full, then
to pay out of any balance thereof such claims
for unearned premiums as may be adjudica-
ted as claims against said insolvent COM
pany; and also, why such second assessment
shall not be for the full amount of the bal
ance now remaining due upon said premium
notes.
Fourth-Why such other and further order.
Judgment o! relief should not be granted as
may be just and equitable upon the facts
stated in said petition and accounting ana
schedules herewith filed.
1t is further ordered that notice of this
order be given by publication thereof for
five successive days i'll the st. Paul DAILY
GLOBE, public newspaper printed and pub
lished in the city of ST. Paul. the first
III five days from the date of fill
ing this order. Also that a COPY of
this order be served by mail within five DAYS
after the first publication thereof upon each
OF the persons, firms or corporations who
have filed with said receiver duly verified
claims against the said insurance company.
including such claims for unearned pre-
mlunls; and also upon the makers of all said
premium notes upon which any balance re-
mains due and unpaid, such copies 10 be
mailed to such persons, firms ana corpora
lions at their respective places of business or
residence NAV a