The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-23
THAT NOTE OF HANDLEY'S
It Promises to Produce Large Crop
Of Litigation.
DISCLOSURES MADE SATURDAY
They Arc to the Effect Tint II Was Never
Given or Authorized by the Wyoru-
ing Manufacturing Company.
Note Has Disappeared.

Tnere are SENSATIONS promised lot tfte
future in connection with ~ie efforts
being made by the executors CT the late
ex-Judge John Handley to secure the
sale of land of the Wyoming Manufac-
turing company at Blakely to satisfy
note against that company held by the
late eX-judge. The note and costs
amount to $S, 400 and the land to be sold
| consists of three pieces containing re-
spectively 2ll acres, 81 $40 perches: 2l2
acres. As perches, and 1i7 acres and ~
percheS.
Mr.. Amerman, executor and attorney
of the Handley estate. claims the note
was given to satisfy advances made by
Judge ,Handley to pay debts of the COM
pany, and was authorized at meeting
of directors Of the company, OF which
ii. Fl. Campbell was secretary.
Last Monday George Du B. Dimmick,
who also holds a note against the wy
oming Manufacturing company made
an effort to have the sale of the land
stayed, and advanced number of rea-
sons why 1t should be done. IT the sale
on the Handley note took place there
would be nothing left to satisfy the
Dimmick note. and that gentleman
would be cleaned out of the money he
thinks he is justly entitled to receive.
On Wednesday the court refused to
grant the stay prayed for and the sale
was to have taken place Saturday. 1t
did not, however. and If william
Schulz, of this city, can substantiate
the statements made in his petition
asking for a stay 1t is doubtful If the
sale ever will be held.
The Petition Of MIR. SchNil.
The petition of William Schulz which
was presented to the court by Attorney
j. ]. II. Hamilton sets forth that he Is
the owner of 100000 of the stock of the
Wyoming Manufacturing company:
that he is the only surviving director.
officer or stockholder of the company;
that neither he nor the Wyoming
Manufacturing company agreed to any
amicable revival of any Judgment in
favor OF John Handley, deceased.
1t was further set forth that at the
time of the formation of the Wyoming
Manufacturing company the petitioner
was possessed of three parcels of land
in the township of Blakely aggregat-
ing $40 acres; that in consideration of
the issuance Of 100000 of the stock of
this company he and his wife made a
deed of this land to the company; that
he always relied upon the oft-repeated
assurances of John Handley that his
rights would be protected and secured !:
that he is the only living stockholder
and director in this company; that no
note such as the one entered Of record
was ever made by the company in favor
of John Handley, and that this note
Is fraudulent and void: that a sheriff s
deed of the land in exchange for the
petitioners stock Is advertised to take
place and unless the stay prayed for
be granted, the petitioners interest in
the premises will be jeopardized.
The Supplemental Petition.
This did not secure the much-desired
stay of proceedings and supple
mental petition was thereupon filed,
which, among other things, made the
following startling assertions:
THAT your petitioner Is and has
been, since its organization, director
and an officer Of the said Wyoming
Manufacturing company. and is ac-
quainted with all the business of said
company, and with all its authorized
acts, and that at no called meeting of
the directors or officers of said COM
pany was any person or persons. OFF,
GER or officers, agent or agents. author
lied or instructed to give the note upon
which this execution has issued. or any
note, to John Handley or to any other
persons. nor to confess Judgment there
on, nor to confess judgment against
the company, nor in favor of Judge
or persons whatever, nor to agree or
consent to any revival of said judg-
ment. or for any judgment amicable
or otherwise.
That the land In question was con-
veyed solely upon the consideration of
the receipt of 100000 ina stock of this
company: that no certificates of stock
have ever been issued to the petitioner
and that there has been In consequences
an absolute failure of consideration:
that your petitioner is about to file q
bill in equity to compel a reconveyance
of the land and that If sale be made an
.'WIu 5uop 40 II!M SuoIM otqBLed1III
Note Has Disappc nrcd.
Lastly he alleges that the noto upon
which suit Is brought Is not in the
prouhonOtarys office. neither is a re-
ccipt to he found showing who obtained
1t from the files. In making known the
decision of the court In granting stay
of execution Judge Archibald said that
the fourth allegation was SO sweeping
in its character and comprised so much
I'm its statements that 1t could not be
brushed aside. The fourth Is that Mr..
Schulz Is and has been since its Or
ganiZartion. q director and an officer of
the Wyoming Manufacturing company
and Is acquainted with all its author
lied acts. That. at no meeting was any
person or persons authorized to give
the note upon which the execution is
issued or any note in favor of John
Handley or of any other person nor to
agree to any revival of any note.
In the order granting the stay, Judge
Archibald directs that a rule be grant
ed upon II. w. Palmer ct. al. executors
OF Joan Handley. to show cause why
an Issue should not be awarded 10 de-
terr1inc the validity of the note in
question.