New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-19
A. w. DIMOCK'S APPLICATION DENIED.

JUDGE CLEARWATER REFUSES To DISCHARGE
HIM OF HIS BIG INDEBTEDNESS.
Kingston. " Y March 1S-On the ground OF nom
residence ana because an insuiicien; number OF
consents OF creditors obtained as required by
the statute Judge Clearwater has denied the appl-
cation OF Anthony W. Dimcck to be discharged OF
his debts The decision was filed this Afternoon In
1884 Dimock who vas at that time president Of the
Merchants and Bankers Telegraph Company, failed
and the company collapsed, he leaving debts
amounting TO about sS01s0g1. and from these debts
he asked to be discharged filing petition in the IL
ster County Court In October, 1899. TO that erect.
Dimock lives with his family during the winter in
a handsome home a, Elizabeth, y. j.. and in sum-
mer has occupied ROOMS in a clubhouse on the
grounds of the PeckamCose Club. situated IN the
town of Dennng. this county This latter pace
ne claimed as his residence, but this was denied
by the Farmers Loan and Trust Company ana the
United States National Bank non-consenting cred
3tors The discharge opposed by creditors
whose claims aggregated slSs 427 81. 1t was claimed
nv Dmock that his debts amounted to s24i2073 81,
that creditors whose claims aggregated S2,@GG5 y
consented to his discharge. and that he had assets
10 the amount Of s1S7 90 applicable 10 the payment
of this indebtedness
The non-consenting creditors upon the other hand
held that the true amount OF the nsovents indebt-
edness exceeded g 10000 and that the consen,ing
creditors did not truthfully represent within many
hundreds of thousands Of dollars two-hr1s Of that
sum.
After reviewing the testimony. in which u was
shown that Dirnock in 1884, when making a general
assignment stated that he resident Of New
York that In 1885 in deed executed by him TO josiah
w Wentworth he describes himself as a resident of
Elizabeth " j., and during the last ten years reg
istered a, hotels when away from home as from
Elizabeth. and never from Peckamoose. and fur
Their that Dimock testified that in the event OF the
application being granted 1t was his intention to en-
gage IN business in Wall Street the Judge says;
Under all these undsputed facts i would hardly
seem that even within the most elastic construction
which the Court is justified in giving to the term
residence and "domicile." the petitioner can
legally be said to have been resident Of Ulster
County at the time of filing this petition. Ii Is
urged that claims upward of s777,00O have been abb
solutely and upward OF s2i7 90 condtionally re-
lea sed but IL is doubtful whether the authority to
make releases executed by Russell Sage, the THIRD
National Bank OF the City OF New-fork, and Hague
e. Harris for claims aggregatlng about S2U, Il
sufficiently proved for the purpose OF this app1ca
ton And Il Is by means clear that the cain
OF the Quebec Bank for sSH1 is not within the
statute.
The Judge says In closing his decision:
/; is unnecessary to discuss the allegation Of col
tion has been devoted by counsel upon both sides
as, upon the whole case, am OF the opinion thai
the decree prayed for should be refused. and an
order may be entered denying the application ano
diminishing. the proceedings upon Its merits with
costs 70 the opposing creditors. and against the
petitioner.
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