The record-union., 1894-01-13
TIE GRAND ISLAND BEAN Case.
A Legal Middle Growing Out Of the
Stuart Failure.
The Important Figure That Seventeen
Hundred Sacks of Beans
Cut in the Case.

On the 10th day of October of last year
A. w. Stuart. a Grand Island farmer,
executed to McDonogh & Runyon, the
commission men of San Francisco, crop
mortgage on his crop of beans growing
on the SAID island.
For some reason, not manifest in the
proceedings, McDonogh q Runyon sur
rendered the crop mortgage and note to
Stuart on October 18th and took from
him bill of sale of all the beans, those
then threshed and those not harvested.
amounting in all to upward of 10000
sacks.
But farmers, like other folks, get in
debt, and at the time the bill of sale was
executed Stuart was indebted to j. w.
Houston, II. f. Isham, Stanton, Thom-
son q Co., the Pioneer Box Company
and others, beside the commission men.
to the amount of about $4,000.
Secrets like these won't keep in the
country, and it was noised about on the
river that McDonogh IL Runyon were
shipping beans to San Francisco by the
boat-load some 1,100 sacks being
shipped on October 18th. Isham, the
butcher at Courtland, placed an attach
ment on the property OF Stuart to secure
his account, and IN a few days Mr..
Houston followed with another writ of
attachment. In few days more Stanton,
Thomson IL Co., j. l.. Aldrich and l.. L..
Ross joined with Isham and Houston i'll
petition and asked the court to adjudge
farmer Stuart lnSOlVent.
In due course of time he was adjudged
insolvent, and Sheriff O'Neil was ap-
pointed receiver. He filed bond in the
sum of $4,000, qualified, and under order
of the court took possession of the estate
including the beans.
Now, the Sheriff became a farmer in
earnest, and after about thirty days work
he was enabled to say he had the beans
harvested and stored away in warehouse
in San Francisco, and all the assets were
in good condition, and everything was in
readiness for the attorneys to commence
making motions and obtaining orders,
while the creditors stood by and ask ed
who would finally have the beans.
The first act was presented yesterday
before Judge Catlin, it being the time
fixed by the court for the creditors to
meet and choose an assignee-a person to
distribute among the creditors what the
Sheriff had collected. Twenty-Five claims
were fled aggregating about $34, 4,000.
Three claimants-Mc d Runyon,
Hart +. Smith and l.. c. Ruhle-voted
for w. J. Smith for assignee, and the
other twenty-five voted for Sheriff O'Neil
Then the legal contest commenced
Judge J. Ii. Mckune. W. A. Gett and
A. NJ. Johnson appearing for certain
creditors, and the Receiver claimed that
from the claim of McDonogh d Run
youn the value Of some 1000 sacks of
beans should be deducted, and they
should only be permitted to vote that
much of their claim that was left after
taking the value of the 1000 sacks of
beans from the claim, for the reason that
the commission men contended this was
a charge against the estate of A. w.
Stuart, and as they did not desire to vote
it as debt due by Stuart to them.
It was also contended that as McDon-
sale from Stuart in payment of $4,000 of
his debt to them, and surrendered TO him
his note for that amount, their claim or
demand was against the Receiver, and
not against the debtor.
This point seemed to be the one partic-
ular object OF contention, at the adjourn
ment OF court, between Grove l.. John
son and w. j. Bartnett, who represented
McDonogh Il Runyon, and the attor-
neys who favored the Sheriff for assignee
Judge Catlin will decide this morning
whether he will permit McDonogh Il
Runyon to vote all of their claim, or only
that part which will remain after deduct
ing the value of the 1000 sacks of beans,
or whether he will give Stuart credit on
their claim for some $500 claimed for the
100 sacks of beans received by them on
October 18th, which would materially re-
duce it.