The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-02-27
A DAY OF EXCEPTIONS.
The Trust Company Case Hunting
for a Judge.

In the circuit court yesterday morning
the case OF |. Bachrach against the Ron-
noke trust, Loan and Safe Deposit Com
pany was called, and u number of eycen.
tions to the report of the commissioner
were filed.
Judge White will most probably hear
the case, as Judge Dupuy, for personal
reasons, would prefer that the case should
not come before him for trial He will
communicate With Judge Whittle and as.
certain whether he can come here and try
the case.
The plaintiffs by counsel except to that
part of Che report which fixes the cash
on hand at the date of the failure and col.
lected by the trustee February 13, 1897,
at 14,5o5.OS, Also to that part of the
report that offsets the deposits made on
June IL and 10, the days prior to the fail
ure, with checks drawn by said deposiuors
and presented on those days
Such statement, it is alleged, was not
directed by the decree ordering the nc
counts, and it is an error t.. set of these
deposits by such checks. except in the
case that the depositor had no other de.
posit to his credit.
Exception is also made to the allowing
of Lucian III. Cooke, trustee, credit for
any disbursements, because there has
been no decree for such disbursements.
The 500 paid to II. NJ. Darnall is al
legged to be excessive. The discounts on
city warrants is excepted to because their
value is par.
Exception IS also made to the credit OF
Sl,Ol5.0l for commissions to the trustee
as still due to each item under the head
of interest. Bills payable and rediscouuts
in the trustees report, and each item of
disbursements on page loo, because such
are not authorized.
The plaintiffs also except to the refusal
CT the commissioner To make inquiry as
to the payment of dividends and especially
the dividend of 800. 000 claimed to be
paid in stock.
Major >. Griffin excerpts to the report
because 1t fails To report rs Il debt, the
payment of which is guaranteed by the
Roanoke Trust. Loan and Safe Deposit
Company, the bond of j. w. Coon. for
50, 900, dated February &c, 1889, secured
by deed ofsstrust secured ''on real estate
in Roanoke.
The Lynchburg Trust and Savings
Bank excerpts To the report because it
classlies as second class IL debt due il for
$1,000. and because IL debt of 5000 is not
reported among the liabilities. The Ha-
gerstown Bank excerpts to the report be-
cause it puts claim of $4,000 in the
third class.
The trustee. through his counsel,
Watts, Robertson & Roberoson excerpts
to the report because it allows "a claim of
Mrs. Levy on The ground that the Tiuso
Company acted as agent or trustee. and
alleges thai the money was on deposit us
any other money in che bank For sim.
liar reasons the finding in the case of G..
~. Mcflugh is also excepted. The trustee
also excerpts to the claim of SSSl. 16. al
lowed to the Home Building and Convey.
ance Company, on the ground that the
finding is not sustained by the evidence.
The plaintiffs except to the report of
the commissioner, and his action in refus-
ing to permit the questions sought to he
asked ii. NJ. Darnall on cross examine
tion as to the stock dividend of $l0C, 900,
declared, and to the source from which
such dividends were declared or acquired,
and because he declined to hear cross ex-
animation of the witness as to the real
estate disposed Of.