St. Paul daily globe., 1895-10-22
JOBBERS TAKE DECIDED AC
TIoN IN THE SNOw-CHURCH
FAILURE.
CLARK STIRRED UP.
WILL DEMAND POSSESSION OF
THE MINNEAPOLIS BRANCH
OF THE CONCERN.
THE COURT ISSUES AN ORDER
Citing the Interested Parties ia
Appear Before Judge Willis
Tomorrow.

Matt Clark will attempt this morn
ing to take possession of the Mime
apolis branch of the Snow-Church
company, peaceably if possible, but
by legal force if necessary. This step,
it is understood, means that Mr..
Clark having been made assignee
is fully determined to stand pat and
manage the affairs of the alleged
insolVent institution in the Twin
Cities until steps are taken to re-
lieVe him of the responsibility of the
position by the appointment of a re-
ceiver. This will in all probability
be done as the result of an action
taken by a number of the credit
ors of the concern who met on Sat
urday, as stated in the Glob of
Sunday, and after a somewhat pro-
longed session determined to bring
matters to a focus, and the firm of
Z. Gotzian & Co., whose claim
amounts to $1,400, was selected as
the one which should make applica-
ton to the district court for the ap-
pointment of a receiver to take
charge of the matter
This firm retained Morphy, Ewing,
Gilbert & Ewing, lawyers, who yes
terday drew up and filed with Judge
Willis in the district court a lengthy
document praying that the court ap-
point John r. Warner as receiver
for the company.
The application contains allega-
tions of a somewhat sensational nat
ure, which promise to bring about
interesting developments regarding
the manner in which the Snow
Church company transacted busi-
ness.
1t is alleged in the application that
the Snow-C Church company has, dur
ing the past five years, collected for
the Gotzian concern over $1,000, no
part of which has been turned over to
them; that, there are numerous other
creditors, whose accounts aggregate
S15.0ee. who are practically in the
same relative condition, and that the
company has within the past two
months paid out large sums Of money
out of it's general fund to some of
the creditors on account of pre-ex-
listing Indebtedness
1t is further alleged in the COM
plant that at time of making such
payments the company was hope
lessly insolvent, and has been in
solvent for some months past, and
therefore established preference in
favor of those to whom payments
were made over the petitioners.
1t is further alleged that Messrs.
Kellogg, Johnson & Co., who have
brought suit in the district court to
recover their claim, together with
the claims of G. -Sommers & Co. and
Farwell, Ozmun & Kirk, have been
given a preference over the remain
ing creditors, and also have gar
nished the Irish-American bank and
the Bank of Commerce of Mime
apolis and the Union Bank of ST.
Paul to tie up funds and credits Of
the Snow-Chureh company in their
hands.
The deed of assignment filed in the
district court on Oct. II, naming
Matt Clark as assignee, is taken up
in the application, and alleged to be
fraudulent, void, and made with an
intent to hinder, delay and defraud
the creditors, and with the further
intent to give preference to some
over others.
1t is pointed out that the garnish-
ments are not dissolved by the deed
of assignment to Mr.. Clark, but be-
ing still in force inure solely to the
i.
In answer to the application which
prays for the appointment of Mr..
Warner as receiver and also an or
der restraining Assignee Clark from
disposing of any of the funds of the
company, Judge Willis ordered the
Snow-Church company, Matt Clark
and Kellogg, Johnson & Co. to ap-
pear at 10 o'clock tomorrow morning
and show cause why the assignment
should not be vacated and receiver
appointed.
1t is possible that as the matter
progresses some queer things will
come to light. Assignee Clark is in
rather an anomalous position. Here
is a bankrupt concern, with $15,00G
liabilities, most of which, it is
claimed, represents the accounts of
st. Paul jobbers placed in their
hands for collection. Mr.. Clark con-
sented, at the request of Mr.. Rich
ardson, to act as assignee, although
it will be readily sen that, with no
assets, as has been alleged his fees
will hardly reach large amount.
1t took him, he says, but short
time to find by a hasty eXanina-
tion of the books and papers of the
company, that all was seemingly not
as it should be. He took possession
of the st. Paul branch at once, and
would also have taken in the Mime
apolis office, but Manager Edwards,
it is stated, stationed officers there
to prevent such q move, on the
ground that the assignment was ille-
gal, and that he did not care to have
his papers meddled with. This was
hardly calculated to reassure Mr..
Clark, but inasmuch as he knew of
the application of the creditors for q
receiver, he did not attempt to get
possession of the Minneapolis branch,
but is determined, as stated above,
to do so this morning.
Mr.. Clark was seen in his office
in the Pioneer Press building yes
terday, but seemed reluctant to talk
over the matter at any length.
"There is something wrong in this
whole matter,an developments may