The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-28
William Muth to Take Charge Of the
GREENWOOD, Bohms& Co.
Affairs.
Merchants National Bank Acting
for Itself and All Other
Creditors.
Judge Knowles Gives Adolph Eggert the
Lightcst Penalty Fixed by the
Statutes.

Judge hunty yesterday granted the petit
zion for the appointment OF 4 r~eosiver OF
the assets Of the firm Of GREENWOOD, Bohm
h Go. Tho petition was made by the Msr-
chants National bank In behalf Of itaelt
y all other creditors Of Greenwood.
BONN b Co. Tbs aotien was directly
brought for ths setting aside of the assign
ment. Judgment had been obtained in
another action by tho Merchants National
bank against Grsenhood, Bohm d Co. and
the exesusion returned by the sheriff un-
satisfied. The grounds alleged for setting
aside the assignment are: That it does
not include certain property owned by the
defendants in the city of New York and OF
the value Of $4,000. The complaints also
charges that +. Retail, of New York, was
q oo-partner OF the firm Of Greenwood.
Bohm & Co., and that he did not execute
tho assignment. The complaint also al
legss that the assignment is fraudulent,
and that Reiall had put 10000 into ths
firm of Greenwood, BONN d. Co., and that
tbs firm did not owe him anything, and
that Retail was preferred for the purpose
Of consuming the proceeds Of the goods Of
Greenwood, Bohm g. Co.. to the injury OF
tho creditors. II is also alleged that the
value Of the assets taken possession Of by
Max Kahn, az assignee, will not exceed
$35, 600, and that the indebtedness Of the
firm is about $3.50. 600, and that there were
preferred claims amounting to 3l45. 600, in
Guiding the pretended indebtedness Of Z.
RECALL. It is also charged that the assignee
did not a X possession OF the New York
property. and that one Catherine Wueat-
heimer is a preferred creditor. but that the
alleged indebtedness to her is fictitious and
false; md that one Col. Morse 10 a preferred
creditor. but that any Indebtedness to him
was the indebtedness Of Isaac Greenwood.
It ID also charged that Greenwood g. BONN
have large quantities Of goods which they
are fraudulently concealinR, and that Max
Kahn, the alleged assignee, is a party to
u fraudulent concealment and that he
was the confidential agent of Greenhood.
Bohm q 90, and knew that the assignment
was fraudulantly made. 1t is also charged
that Greenwood mortnaged certain property
for 1880 to /. Weihl for a note dated Feb.
II, 1892, and that the mortgage was re-
corded on Feb. y, at $3.50 O'Clock p. M, and
that the assignment was filed at 9:O3 B.. NJ.
Of Feb. y, and that Max Kahn filed both Of
the instruments, and at his request the
mortgage was filed before the assignment.
It is charged that the note was fictitious
and the mortgage executed for the purpose
Of concealing a valuable piece of real es-
tate, and that he assignee participated in
the fraud with Greenwood.
There are various other allegations Of
fraud, and the ayerment also that Max
Kahn is q man pecuniaiily and wholly ire
sponsible, a has not given any bond for
the faithful performance of his duties. IT
is also alleged that the property is now be-
n ~ IYnrk Mt xnHA0k n 49, &tn h~, h - III - 1.---
era, and that the assignee will pay out
moneys under the alleged fraudulent as.
signment, and that it ID to the best inter
ests of all parties that a receiver be APP
pointed.
Upon this complaint the application for
a receiver was argued TO the court and SUBJ
mitted, and the following order made:
Under the averments of the complaint
plaintiffs have made \ strong showing for
the interference of \ court Of equity, and
the prayer for the appointment of q re-
ceivsr will be granted. 1t satisfactorily ap-
pears to tbs court to be to the best inter
ests Of all CONGO ned that some one take
charge of the property, sell the same, COL
lect outstanding accounts. and otherwise
fully exercise the powers and rights belong
ing to a receiver under the direction and
order of the court. A receiver will act for
I'll parties interested. and not for the bene-
fit of either plaintiffs and defendants
merely. Thus will the property be secured
for the benefit OF those who shall appear
entitled to it.
No rights are determined by appointing
q receiver, but the dangers BY reason Of
the alleged insolvency of the assignee, and
the application by hin of assets to the pay
1nent Of certain creditors to the exclusion
of others. will be avoided.
Wherefore, let an order be made appoint
Ing a receiver; let his bond run to the
clerk of this court and ba fixed in the sum
of twenty-five Thousand ($$25 O00) dollars;
and let an order be drawn to carry the
views of the court herein expressed into
effect, and directing the receiver to take
full possession. and otherwise proceed to
perform the duties properly and lawfully
pertaining to his office.
An order was then made appointing VIM,
Muth receiver. His securities are L Fl.
Hershtield and r. G. Wallace.