Delaware gazette and state journal., 1895-12-26
WALTON & THANN CASE.


WALTOk q WHANN CASE.
Issuing of an Order Requiring the Receivers
to show Cause ON or Before Monday Next
why the Prayers of the Petitioners Shall
Not he Granted.
In the case of Marcellus Z. Wheeler
vs. the Walton & Whann Co., in equity
in the United States circuit court, a
petition has been filed for division of
assets among the creditors. The petit
tioners are the Davis Pyrites Co. of
New Jersey, the National Bank of Will
mington and Brandywine, the Charles
ton, S. c., Mining and Manufacturing
Co., John I. Bailey & Co. of Philadel-
phia, represented by William @. Spru-
ance, and Charles w. Rowland and
Charles s. Rowland of this city, repre-
sented by William S. Hilles. Their
claims aggregate about S65. 000
In the petition it is stated that on
June 9th, 1894, the court appointed
James p. Winchester and Francis N.
Buck receivers of the Walton g. Whann
ca. The petitioners and other credi-
tors probated and filed their claims in
accordance with an order of the court,
but tho petitioners are unable to state
the other creditors because the receivers
have neglected to furnish them list
of the claims filed.
1t appears from the receivers report
of September 26th, 1895, that they
had in their hands balance OF S75,-
800. 10 deposited to their credit In the
First National Bank. The petitioners
are advised and aver that there is no
sufficient reason why the assets of the
said company, in the hands of said
receivers, should not be divided among
the creditors of said company, but the
said receivers, although often requested
SO 10 do, have neglected and refused,
and still neglect and refuse to apply TO
this court ior the orders necessary for
that purpose. ?"
The prayers of the petitioners are as
follows:
|. That the said receivers be ordered
forthwith to flo in the Office of the
clerk of this court all probated claims
against the estate of the said company
heretofore received by them. together
with list of such claims and tho
amounts thereof, and also exceptions
to such said of claims as in the opinion
of said receivers should not be allowed.
3. That the said receivers be ordered,
at an early date to be appointed by the
Court, to declare and make division
or dividend of the assets in their hands,
or so much thereof as the Court may
deem proper, among the creditors of
the said company according to their
several rights and equities.
8. That the Court make such other
or further order in the premise as may
be just and equitable.
The Court has issued an order upon
the receivers requiring them to show
cause on or before Monday next why
the payment of the petitioners shall not
be granted. Lewis @. Vandegfift is
attorney for the receivers.
Peter l.. Cooper, DR., attorney for
the Third National Bank of Philadel-
phia, has filed petition in the United
States circuit court in the Walton tE
Whann case in which his client dosires
to be joined with the other petitioners
who have asked for division OF the
assets.
Lewis G. Vandegrift, attorney for the
receivers, of the Walton IL Whann Co.,
appeared in the United States court
this morning and filed au answer in ac-
cordance with the order issued Wherein
application was made for division OF
tho assets among tho creditors. Will
liam G. Spruance, William S. Hilles,
Willard Salisbury and Peter L. Cooper,
Jr., represented sundry creditors
Counsel for the creditors petitioned
the court to fix time for filing all
probated claims and also for filing all
exceptions, whereupon the following
order was issued by Judge Wales:
"And now, this 23d day of Decem-
ber, 1895, the foregoing petition having
been read and considered, it is ordered
by the court that said receivers forth
with file in the office of the clerk Of
this court all proDated claims against
the estate Of said company heretofore
received by them; and it is further
ordered that all exceptions to such
probated claims, or any Of them, be
| filed in the Office of the clerk of this
court before Friday, the oath day Of
January, 1896, and that said receivers
shalt forthwith give notice of SO much
of this order as relates TO the time OF
filing exceptions to claims by publica-
tion in Every Evening and the Morning
News, two newspapers published in the
city of Wilmington, and that upon the
filing Of exceptions TO any claims, the
clerk Of this court shall forthwith give
notice thereof to the creditor holding
such claim.
ut is further ordered by the court
that the further heari0g of the fore
going petition be continued to the said
24th day of January. 1896, at 10 o'clock,
a. IN.