The daily morning journal and courier., 1897-04-16
YESTERDAY IN THE COURTS
COMPASSIONATE ON TRA0ER'S ES-
 TATE APPOINTED ESTERDAY.

Assignment of Rovers' Wheel Club Hel
 to be Invalid-ApplicatIon for Removal
 ofTrustee of Elm City Conpany's Insol-
 vent Estate-Other Court Notes,
 In the probate court yesterday morn-
 ing George w. Robinson and Charles
 Kleiner were appointed commissioners
 on the insolvent estate of A. c, Traeger,
 the well known caterer.
 There was considerable dispute
 among the lawyers interested over the
 appointment of one of the commission
 CTS. Attorney Robinson was appointed
 by the court without suggestion from
 anybody, and the other appointment was open to suggestions from the law
 yers.
 Lawyer Harry w. Asher represent ing creditors, named Siegwart Spier
 for commissioner. This brought forth protest from Judge Callahan, Philip Pond and J. D. Dewell, jr MT. Pond
 said that he objected because Attorney
 Spier was brother of Moritz Spier, a creditor of the estate. Judge CleaVe- land said he would have to heed the objection if it was persisted In, and as the ob1ectors~ did not withdraw, MT. Asher proposed another. man for ap- pointment. This time he named Charles Kleiner
 The lawyer proposed by the other side was ex-Judge Gable, but Attorney
 Kleiner won the appointment, as he had the biggest amount of claims on his side.
 NO ASSIGNMENT OF BOWERS. The assignment of the Rovers', Wheel club. which was filed in the probate court on March 16 is held by the pro- bate court not to be an assignment at all.
 Judge Cleaveland has had the matter of the assignment under consideration | for two weeks or more.
 After the club assigned some time ago, through one of it's officers as at torney, several of the members raised an objection, claiming that the action was illegal; that very few of the mem- | bers were present when it was voted to make an assignment, and that the oth- | CTS were not aware that such action | was to be taken at the meeting. Then | Attorney c. r. Bollmann appeared for | Wells & Gunde. one of the largest cred ! itors of the club, and who had attached
 he clubs property, and opposed the as | signment, contending, that voluntary organization like this one could not as- | sign, excepting that each member of | the club assigns personally. The court stated that he based his de- cision chiefly upon the fact that the | members of the organization did not | have notice of the particular business | to come before the meeting when the l assignment was made. He stated that | the records in relation to the vote to as- | sign were very incomplete. | APPLICATION FOR TRUSTEES RE- l MOVAL.
 | Application was filed in the probate | court yesterday by the Union Trust company for the removal of ex-Tax Col | lector Theodore Futile as trustee of the | insolvent estate of the Elm City com pany, a concern which formerly made | rulings in this city and failed in 1876 | with assets of S70000.
 Charles Monson, Daniel l.. Carpenter | and John P. Futile were the surety on MI. lutlle polu ds ti iusteS sIHe poiiu | was $125,000. The notice of the applica- l ton was sent to MT. Futile at Fort Pierce, Florida.
 l MT Futile, as trustee of the Elm City | company, won a judgment of si0, 900 in l the United States supreme court against H. B. Clahin & Co. of New
 York few days ago, and creditors are | beginning to take more interest in its | affairs on this account.