St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-10
MARKET!

STATE OF MINNESOTA, COUNTY
of Ramsey-District Court Second
judicial District.
In the matter of the application of the
Powers Dry Goods Company "a cor
poratlon, for the appointment of a
receiver of the Smith-Lindsay CONF
pany "a corpora tom.
On reading and filing the Petition of
the Powers Dry Goods Company, and IL
appearing therefrom that the Petit
toner is a creditor of the Smith
Lindsay Company in sum exceeding
two hundred (s2000W dollars, and that
the Petitioners debt and claim are
proVable against the said Smith-Lind-
say Company in accordance with the
provisions of the Insolvency Law OF
this State, and that such Indebtedness
was contracted during the year 1895.
And 1t further appearing from said
Petition that the said Smith-Lindsay
Company is insolvent, and has been
nsolvent for more than sixty days
last past.
And it further appearing from said
Petition that on or about the 14th
day of June, 1895, the said Smith-Lind-
say Company being then insolvent, and
contemplating insolvency, executed to
one William A. Broom deed of all
its property in trust for certain of it's
creditors, and that Broom accepted the
trust, and entered into possession OF
the property, and is now in possession
thereof. And it appearing that the
said Deed of Trust was not executed
IN the manner or form as required by
the Assignment or Insolvency Laws
OF this State, and was not intended
as an assignment for the benefit or
creditors, and that it was not agreed
or understood that said Deed should
become operative until signed by SUBJ
stantially all of the creditors of the
said Smith-Lindsay Company. And IL
further appearing that such Deed was
not signed by substantially all the
creditors, but that on the contrary
thereof a number of creditors having
claims In the aggregate exceeding five
hundred ($5000O dollars have refused
to become parties thereto, and have
brought suit on their several claims,
and are about to recover and enter
Judgment, and to procure the issue or
execution based on such judgment, and
to levy hereunder upon the property
of the said Smith-Lindsay Company
now In the hands of said Broom, there
by gaining an unlawful preference over
the other creditors of said Smith-Lind-
say Company.
And it further appearing that on or
about the 21st day of June, 1895, ono
Spencer 0. Greer commenced an action
IN this Court against the said Smith,
Lindsay Company to recover the sum
of two hundred ($200.00) dollars, on con-
tract for the recovery of money only,
and that the time for answering the
Complaint in such action has expired.
That no answer has been interposed.
and that judgment is about to be en-
tered thereon, and an execution based
thereon issued, and levy made on
the property of the said Smith-Lindsay
Company in the hands of the said
Broom.
And it further appearing that on or
about the 18th day of July, 1895, w. P.
Mclaughlin & Company commenced
an action in this Court against the
said Smith-Lindsay Company, and that
Tot Io1i o
pany are about to procure a judgment
in said action, and to cause an eXecu-
ton to be issued and a levy to be made
upon said property.
And it further appearing that on or
about the 18th day of June, 1895, Smith
& Austrian have commenced an action
in this Court against the said Smith
Lindsay Company to recover the sum
of three thousand (s3.OOO.0O dollars and
over, and that such action is now
pending in this Court, but that the out
come thereof is uncertain.
And 1T further appearing that on or
about the goth day Of July, 1895, the
davit for garnishment to be filed and
a garnishee summons to be duly is
sued, and that the same has been
served upon the said William a.
Broom, and that if said Smith &
in their said action. they would there
by gain an unlawful preference over
the other creditors of the said Smith
Lindsay Company, by reason of such
said garnishment, and although more
than ten days have elapsed since the
service of the garnishee summons, the
said Smith-Lindsay Company has
signment for the benefit of it's credi-
tors as provided by the Insolvency
Laws of this State.
And it further appearing that on or
about the 18th day Of June, 1895, an ac-
ton was duly brought in this Court
by one Herbert W. Smith against said
Snith-Lindsay Company to recover the
sum of over nine hundred $900.0O dol
lars, and that said action is now pend
ing in this court. That the result there
Of is uncertain.
In accordance with the prayer Of said
Petition, it is therefore ordered.
That the said Smith-Lindsay Com
pany show cause before this Court at
the Court House in the City of st.
Paul, in the County of Ramsey, in
said State, on Saturday, the. Seventh
day of September, A. D. 1895, at ten
as counsel can be heard,
why it should not be declared and ad-
Judged insolvent and why q Receiver
should not be appointed for all its UNI
exempt property, and why the prayer
Of the Petition now on file in the office
Of the Clerk of this Court should not
be, in all things, granted.
1t is further ordered, that the said
Spencer o. Greer, w. F. Mclaughlin
& Company, Smith & Austrian and the
said Herbert w. Smith and their re-
spective agents and attorneys be, and
hey hereby are enjoined and restrained
rom making or causing any levy, at
tachment, seizure or interference OF
any kind with or upon the property of
said Smith-Lindsay Company, whether
n the hands of the said William A.
Broom, or otherwise, and until the
further order of this Court in the
premises;
1t is further ordered, that notice be
given to all persons interested by pub
ication Of this order on the tenth,
and twenty-fourth days
If August, and the third 90 day of
1895, in the daily "Globe,"
/ daily newspaper printed and pub
ished in this. County, and State, and
hat a copy of this order be personally
erved on the said Smith Lindsay Cons
,any, and said William A. Broom, and
Llso upon said Spencer o. Greer, w.
. Mclaughlin e Company, Smith e
Austrian and Herbert w. Smith, or
lpon the respective attorneys Of said
reditors, who have appeared in the
-ctions hereinbefore referred to, at
east fifteen days before the said day Of
caring.
Dated this Bird day OF August. 1885.
JOHN W. WILLIS,