St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-17
MEATS! MEATS! MEATS,
STATE OF MINNESOTA, COUNTY
of Ramsey-District Court, Second

STATE OF MINNESOTA, COUNTY
OF Ramsey-District Court, Second
judicial District.
In the matter tier Of the application of the
porat1on), for the appointment of {,
receiver of the Smith-Lindsay Con1-
pany "a corporation).
On reading and filing the Petition of
the Powers Dry Goods Company, and IL
appearing therefrom that the Peti-
toner is a creditor of the Smith,
Lindsay Company in a sum exceeding
two hundred ($2000O 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 1nsolvent, and has been
insolvent for more than sixty days
last past.
And it further appearing from said
Petition that on or about the 18th
day of June, 1895, the said Smith-LinG-
say Company being then insolvent, and
contemplating insolvency, executed to
one William A. Broom a 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
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
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
hundred (S50G.0O 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, one
Spencer 0. Greer commenced an action
in this Court against the said Smith
Lindsay Company to recover the sum
of two hundred (S20000) 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 a 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, 1885, w. +.
Mclaughlin & Company commenced
said Smith-Lindsay Company, and that
the said W. F. Mclaughlin & Com
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 (S3.0OO.00) dollars and
over, and that such action IS now
pending in this Court, but that the out
come thereof is uncertain.
And it further appearing that on Oh
about the Goth day of July, 1885, the
said Smith &, Austrian caused an aff1-
davit for, garnishment to be filed and
sued, and that the same has been
served upon the said William a.
Broom, and that if said Smith &
Austrian should recover a Judgment
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
garnishment. That notwithst standing
than ten days have elapsed since the
service of the garnishee summons, the
said Smith-Lindsay Company has
omitted and neglected to make an as
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, 1885, an ac-
ton was duly brought in this Court
by one Herbert w. Smith against said
Srnith-Lindsay Company to recover the
sum of over nine hundred (S9G0.0O 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
a special term thereof, to be held at
Paul, in the County of Ramsey, in
said State, on Saturday, the Seventh
day of September, A. D. 1895, at ten
O'Clock in the forenoon, or as soon
thereafter as counsel can be heard,
why it should not be declared and aG-
judged insolvent and why a Receiver
should not be appointed for all its un-
exempt property, and why the prayer
of the Clerk OF this Court should not
be, in all things, granted.
1t is further ordered, that the said
Spencer o. Greer, w. Z. Mclaughlin
& Company, Smith & Austrian and the
said Herbert w. Smith and their re-
spective agents and attorneys be, and
they hereby are enjoined and restrained
from making or causing any levy, at
tachment, seizure or interference OF
any kind with or upon the property of
said Smith-Lindsay Company, whether
in the hands of the said William A.
Broom, or otherwise, and until the
further order of this Court in the
premises;
It is further ordered, that notice be
given to all persons interested by pub
lication of this order on the tenth,
seventeenth and tWenty-fourth days
Of August, and the third 60 day of
September, 1885, in the daily GLOBE"
a daily newspaper printed and pub
lished in this County and State, and
that copy of this order be personally
served on the said Smith-Lindsay Com
pany, and said William A. Broom, and
also upon said Spencer o. Greer, w.
F. Mclaughlin & Company, Smith &
Austrian and Herbert w. Smith or
upon the respective attorneys of said
creditors, who have appeared in the
actions hereinbefore referred to, ar
least fifteen days before the said day of
hearing.
Dated this Bird day of August. 1855.
JOHN W. WILLIS,
District Judge.