The record-union., 1893-02-01
BRONNER VERSUS ELKUS.
The Former Wants the Latter to
Make an Accounting
To the Court of His Transactions as
Trustee of the Property of Geo.
w. Chesley & Co.

George F. Bronner, as receiver and
trustee of the firm of George w. Chesley
Il Co., has, through his attorneys, r. T.
and W. II. Devlin, filed a complaint in
the Superior Court against Louis Elkus
and William II. Jones. petitioning that
an assignment of the firms property
made to Louis Elkus be set aside.
1t is alleged in the complaint that Louis
Elkus and w. II. Jones were defendants
in former action, wherein B. U. Stein
man and Eugene j. Gregory, as the
executors of the estate of Alice NJ. Ches-
ley, deceased, were plaintiffs; that Bron-
ner was appointed receiver and trustee of
the partnership assets, and was author
lied as such to take charge of, receive and
collect partnership assets, convert the
same into cash and distribute the pro-
ceeds among those who might show
themselves entitled thereto; that he was
authorized to bring all suits which, in his
Judgment, might be necessary to recover
any partnership property, and particu-
larly 10 set aside the assignment made to
Elkus.
The complaint recites the agreement
made by q. w. Chesley, G.. f. Wiseman
and William NJ. Jones, alleges the death
OF Wlseman, and that after his death
| Chesley and Jones made an assignment
to Elkus; that Elllus, under the assign
ment, took possession of the entire as
sets of the partnership, converted a large
portion of them into cash, the exact
amount being unknown to plaintiff, and
which he alleges was about the sum of
$40, 0O0.
Bronner claims that the assignment to
Elkus is fraudulent and VOID as to the
creditors OF the partnership. because it
gives preference to one debtor and class
of debtors over another; that all the cred
itors of the firm of G. W. Chesley did not
consent to such assignment, and many
refused to consent thereto; that the as
signment was not made to the Sheriff of
Sacramento County, and that it was the
duty of Chesley and Jones to close up the
partnership affairs, and they had no
power to make the assignment.
Plaintiff prayS that the assignment to
Elkus may be set aside, that he account
TO the court for all property and money
received or collected by him by virtue of
it, and that the same be delivered to
plaintiff, to be distributed by him, in ac-
cordance with the direction of the court,
pro rata to the creditors of G.. w. Chesley
x Co., as the court may find them entitled.
SUPERIOR COURT NOTES.
Sarah A. Hays, executrix of the estate
of Henry G. Hays, deceased, has
for the appointment of appraisers of the
personal property of the estate hitherto
overlooked.
Emma Sterett has petitioned the Su-
perior Court for the distribution of the
estate of the late Newton Booth The
hearing has been set for February 10th.
j. Fl. Cave has filed petition for his
appointment as administrator of the
estate of Michael Gregory, deceased, in
the Superior Court, and February 10th is
the date set for hearing.
Frank Tomlinson has filed in the Su-
perior Court his petition to be appointed
administrator of the estate of oseph Tom
linson, valued at 500. The case has been
set for hearing February 10th.
L. w. O'Neil has been appointed by
Judge Catlin receiver in the Insolvency
case of w. L. Orth. He has FLED bond
in $4,000, with NJ. Fay and William
Mitchell as suretes.
Mary La Due has commenced suit in
the Superior Court against William La
Due for divorce.