The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-11-06
ASSIGNEE IiNCHER A7TA(kEH
Sfeditors or tho Burkhaltcrs Say the Irv: M
Bank Is 6 .tt!n: Too Much.

Sfeditors orr Burkhaltcrs Say the Irving
Bank IL G.tt!n. Too Much.
Judgs lnCrnham. in the Supreme Court ycs-
terdny. granted an injunction restraining
Charles H. Fancher. the assignee OF tho firm
OF I. Burkhalter Co.. from paying out or dis
POSING OF any OF the assets or property OF the
!lrn. and ordering him to show cause why a
receiver should not be appointed. The order
was made rcturnable Nov. 10 at II o'clock.
The injunction was issued on tho affidavits
OF Luther Il. llildreth. L. X. Leeds. and s. Au-
gustus llsley. creditors OF the firm. They al
legged. on information and belief. that tho as
si.nce of the bankrupt firm was using his
powers as assignee to the advantage OF the IT.
wing National Bank. Of which lie is President,
and to the disadvantage of other creditors.
This action was brought through tho law
firm OF Dill. Chandler & Seymour. who on Fri.
day night obtained from Judge Book staver
an order for the examination OF the affairs
of the firm and its relations with the Irving
Bank before referee. This first action was
brought by Octave Biardot Treasurer OF the
Franro-Americon Food Company. another
creditor Of the firm. The application upon
which Judge Bookstaver granted his order
was accompanied by number OF rather
startling ailidavits.
BrodheRd: buyer for C. Burkhatrr Il Co. He
states that on Oct. IL. two days before the as
-. nmeht. u" saw several loads OF canned
carts marked with the nam. of {. f. Mnttlace
:; Iireetor Of the irwin: National Bank. and
irIrH loads We're taken to the warehouse OF Il.
" nTan y 90; I2r stoEEe The goods were
hatet Co.. M Eroahand ' said U We're d snas
oycrIraWn $2,t4J on Oct is The s.f arm S sps
count 80 d. He says that he believes that tho
Sg"Gs We're removed to secure To- the Irving
debt OF $1,000 and to conceal the fact from
the other creditors
ON; ON IN" AFTERNOON OF Oct. 10 orders were
JAN BusIhater rTrrss H. iIe Fanch nS Law
in about O'Clock. Mr.. Steil and Mr. FHnchee
set ihc Clerks to making. out accounts as
TiaEd!y as no,sEie md assigning them to the
When Mr., ,Bro4:l"a,l loft at midnight the
W Work was sti.i G"lng On under tho direction OF
from other clerks that it had continued until
> ",r!nrk in III" morning. when the assign
cred 10 Mr.. SouEcr. who then departed. John
l;Grhnalter told Mr.. Hrudnead. lie says, that
the asGoI .I an2nnirI to s:"joo0. and that
ter Co.. and that Mr.. souper then took them
to the Hotel Savoy. whore Charles Burkhater
o'clock on TIE morning Of Oct. 20 Since that
time Mr.. Erodhead and others in the Office
To wsjS Under the nay
assignee, and being paid hy the assignee
ont of tho trust estate. been going to diff
icrcnt places II adjoining 81 ateS under written
ass -ne" Of tho estate of C.. Burknlter 4 Co.
collecting the accounts duo the firm and also
those thus assigned to the Irving National
Bank. with instructions to obtain checks or
notes to the order OF the Irving National Bank
Tor the accounts thus assigned"
This statement was; confirmed by affldavits
OF other employees. Iudg" Bookstaver's order
appoints. benjamin w. Franklin Of . Wall
Etrcet rttrrca. III calls for tha nt
Air. Franklin's office Mt 10. o'clock on tho
m4rnnE, of Nov; 8, Of Charles and John Burk-
naiSf t"res IL thncnSr c: MattlaGe and
and directs that thorough examination lie
made INTO Che affairs of the firm. its accounts.
with III" Irving National bank.
ar. fanchri. when seen by "A Sun reporter
yesterday. said: Its oil wind and stun"