St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-21
VICTOR ROBERTSON OUT.
ORDER RETAINING INV As ASSIGNEE
Eh rs REVERSED.
SUPREME COURT ADJoJRNs.

Chief Justice Gilflian's Career
on the Bench Practically End
ed-Ilist of Gases Continued to
the October Term Railroad
Company May Release Its
Easement for Right OF Way.
The April term of the supreme court
adjourned yesterday sine die. There
was no ceremony beyond the formal
statement of the fact, although 1t WAS
the practical conclusion Of the services
of Chief Justice Gilfilan. The next
term of the supreme court will begin
upon the first Tuesday of October next.
The following cases. designated by
numbers. were continued until the next,
or October term: Nos. no. 279, $50,
PSI, 2S4. 2S5. 2S6. 2SS. $50. 25l. POS, 800.
sol. ,, 3. 4, ), 6. :. 800, 10, II, ~, u.
The following cases were heard by
the court:
Peoples Bank of Minneapolis, pain
tiff, VS.. Mutual observation-disclosures ct
al, defendants; argued and submitted.
Katherine Schultz, respondent, VS..
John S. Bower, appellant; order to
Show cause; submitted on return and
affidavit.
st. George r. Fitzhugh. respondent,
VS.. The City of Duluth; argued and
submitted.
Edward F. Clark ct al. appellants.vs.
George Z. Milligan ct al, respondents;
argued by appellants, submitted by re-
spnndentS.
Edward B. Smith. appellant, VS.. Re-
becca Z. Miller, respondent; argued
and submitted.
E. c. Campbell, OF st. Paul. was ad-
mitted to the bar on the recommends
tion of the state board OF examiners in
law.
The following decisions were filed:
In re assignment of Mast, Butord &
Burwell Company. inso.vent, G. Wea-
yer Lopir Ell al, appellant, VS.. Victor
Rober son ct al. respondent. In this
case the supreme court reversed the
order of the court below, holding that il
was error to refuse 10 remove the assig-
nee as prayed for by the plaintiffs. In
the opinion written by Associate Justice
Canty associate Justices Bulk and
Collins not participating. the facts are
set out al length. tracing the history of
the corporation from its beginning in
1854 until Sept. Is. 1898. the date of the
assignment. 1t is set forth that P. p.
Mast, of Springfield. o., president of the
corporation. was the owner of $500
of the $500 0 o. capital stock: that j. II.
Burwell as charged with the en-
beZZlement of 500, 600 of the funds of the
corporation; -";tI =, The date Of the as
signmrnt of Mast. Burford & Burwell
company that corporation was indebted
to p. 2. Mast Il Co. in the sum of
Slll,O00, and to Mast, Foos & Co., both
Of Springfield, o., in the sum of $1,000
That beginning Jan. l, 1892, Victor
Robertson had served Mast. Burford q
Hurwell company as"credit man." upon
the salary OF $4,000 year; that PreSi-
dent Mast caused the appointment of
Victor Robertson as assignee, guaran-
teelhg him the salary of So, ZOO year in
that capacity. The opinion set forth
the following grounds Tor error in the
court below in refusing to remove the
assignee:
First-He was the trusted and conf
dental employe of the insolvent in the
same business before the assignment.
S9cond-His attorney was the attor--
n"y of the iusolvent before the assign
ment-
Thlrd-The president of the insolyent
guaranteed the amount of compensation
that the assignee should receive
FOurth-The assignee accepted the
trust created by exhibit |.
Fifth-The president of the insolvent
corporation controlled The appointment