The Indianapolis journal., 1893-06-13
is In A RECEIVERS HANDS
Col. Cave and Joe Littler Object to the
Management of Their Restaurant
Charges Against Burnhsm-Suit Against the
Capital Fence Company-Machne as q
Witness-C0urt Briefs.

At 1:3O o. clock yesterday afternoon Kern
& Bailey. as attorneys for Singleton ID.
Cave and Joseph w. Littler. filed petition
for the appointment of q receiver for the
firm of George w. Burnham & Co., and for
an accounting and dissolution of partner
ship. The defendant waived service of
summons and the complaint was taken at
once before Judge Harper who appointed the
Indianapolis Trust Company receiver. The
complaints alleged that on Dec. /. 1892.
the plaintiffs Littler & Cave. entered into
q copartnership for the purpose of carrying
on retail confectionery store. By the
terms of the contract Of partnership the
plaintiffs were to advance the sum of $4,000
and the COMPLAINT alleges that they fur.
nished this amount at the time of entering
into the partnership and have since con-
tributed the additional sum OF "a. SS5.
Under the partnership agreement the de-
fendant tBurnham) was not to furnish any
OF the capital invested In the business, but
was to take charge of it ss manager and
receive all moneys, the proceeds of the
business. and to pay all expenses which
might be necessary in the conduct of the
business. taking in all cases proper vOuoh.
ers and receipts. and acc0un ting TO these
plaintiffs semi-annualiy. The defend
obligation in the firm name without
the consent OF the plaintiffs. nor should be
purchase any furniture or fixtures without
such consent. The plaintiffs charge that
in violation of this partnership agreement
Burnham has executed in the firms name
q note to the Meridian National Bank for
the sum of $1,000 and one to the Capital
National for $500. both of which notes are
due and unpaid: They charge that the
management of the business has
that although the receipts of the
business during the past tour months have
been $4,000. which sum, 1t is alleged. is
largely in excess of the expenses. there has
accumulated against the firm an indebted
ness of g., 600. The plaintiffs also charge
Burnham with misappIyIng and appropri-
atinR to his own use the moneys
received from the business. Under
the partnership agreement he
was permitted to take slOO per month from
the proceeds as his salary for managing the
business, but the plaintiffs aver that the
amount appropriated by him exceeded the
amount allowed oy the agreement fully
$500. in which sum they aver that the de.
fendant is indebted to them.
The plaintiffs aver that by his extrava-
Rance and mismanaRement Burnham has
forfeited his rights under the part
nership agreement, which contained q
provision that when the plaintiffs
had received the sum Of $1,000 each from
the proceeds of the business that the de-
fendant was TO have an equal interest in
and to the property with them and ask
that the court decree that he have no right
or title in or to the property, and that re-
ceiver be appointed to take charge of the
business.
The petition was not opposed by Burn
ham, and Judge Harper appointed the
Indiana Trust Company receiver. with in
structions to continue the business till the
further order of the court and John Z.
Frenzel, as president of the trust COM
pany. accepted the trust, and the property
was turned over to the receiver at onoe.
and 1t is now In charge of the business.