Omaha daily bee., 1897-12-25
SAFE MANUFACTURER IN STRAIT
Receiver Appointed for the Herring
HnIl-MnrNin Company.

HAMILTON, o., Dec. 24.-At 10 o'clock
Lost night William and Moses Mosler OF the
Mosler Safe and Lock company of this city
filed a suit in the common pleas court for
the appointment of receiver for the Her.
ring-Hall-Mlrviu Safe and Lock company as
far as their property is located In Ohio.
Judge Neilan has appointed S. d. Fitton,
president of the First National bank of Ham
ifttn, receiver and he was qualified by
giving bond in :he sum of $780, 600 with d. w.
Fitton, L. d. Ruder. e. A. Belden and c.
BenninSlofen as sureties. The petition re-
cites that the company is Incorporated under
the laws Of New Jersey. has complied with
the provisions of the statutes of Ohio relat
ing to foreign corporations has q plant at
Hamilton and also Its principal office. Plain
tiffs say hey are creditors aud stockholders
in the corporation aud they sue on two prom
issory noes of s1S,611 and 50, 305. dated New
York, December. 1897, signed by c. S.
Lake, assistant treasurer, Stephen "A. jerks,
president Ind Endorsed for the Herring Hall
Marvin company by c. S. Lake. assistant
treasurer Plaintiffs say the company also
has factory and place of business in New
York, that most of the stock is controlled by
committee of trustees for the purpose of
voting the stock and controlling the business
and that the company has pledged and de-
livered large part OF its assets for the pur-
pose of preferring creditors other thau Ohio
creditors, theaten 20 have a receiver ap-
p-plted for the Ohio assets and thereby place
them under the control of a foreign juris-
dictitu w1ere they will be wasted rway. They
say the real estate and assets ought to be
appropriated to Fay the Ohio indebtedness
about S100,0 900. They say the total indeb.-
edness is about 100000. They therefore ask
for receiver 20 take charge of and conduct
the business in Ohio on order OF court. The
j. F. Bender & Bros. company of Hamil-
ton are made a party to the suit by virtue
OF holding mechanics lien on the build
ings in Hamilton. TIE assets of the COM
pacIy, the receiver states, are 81, $50 900 and
no danger of insolvency. The fight is be-
tween the eastern and western creditors
| who have been unable to effect an agreement.
| The Mosler company owns 153 shares OF the
| capital stock at 800 per share. The re-
] ceiver is now in full control of the Ohio
| plant.
| NEW YORK, Dec. 2i.-According to Peter
Fucker, attorney for the Mosler Safe company,
| another application for a receiver for the
| Herring Hall Marvin Safe company was made
| IN the state of New Jersey, today. On the
same authority it is stated that an applica-
| tion will be made IN this city today to the
same effect. The first step toward making
! the appointment Of a receiver necessary was
! taken by the Moser SAFE company yesterday
| when an attachment for SIS, 600 WIS obtained
| against the Herring -HallMarvin company
| This attachment was on Tote advanced by
Moses Mosier, which went to protest. Mr..
|
Marvin company had been in straits since
| February last, In that month Mr.. Marvin
attached the company on note for 5000
| which he had advanced to tide over bad
| times. Large advances, it is stated were
| made by various stockholders include Q
William Mcs.er and his brother Moses, but
without avail. Mr.. Fucker said that too
great competition was chiefly responsible
for the trouble The stock of the company
wac seriously affected by the had business
The Jersey receivers were asked, Mr.. Fucker
said, to protect the eastern property.
| ST. LOUIS, Dec. 24-Through his attor-
neys Stephen A. jerks a stockhoder, made
application to United States Judge Adams
today for a receiver for the Herring Hall
| Marvin company, manufacturers of slfeG
The allegations that the company is in.
solvent was conceded by the defense, anG
Judge Adams named ]. Leonard Matthewe
| receiver Similar action was taken Thurs
day in the United States courts in New
| Vprly md Nov