The Portland daily press., 1897-12-16
GRIFFIN INSOLVENCY CASE.
w. E. Ulmer Elected Assignee by the
Creditors

tuesday afternoon Judge Peabody gave
MS decision in the Griffin insolvency case.
lie SAID That at one time there certainly
was no copartnership 1t is not claimed
that any copartnership existed between
Mr.. and Mrs. Griffin prior to July last
this style of Freeport Lumber and Box
company had been adopted prior to that
time. Inc partnership is claimed by Mr..
Griffin in his testimony to have com
menced suddenly-about ,Julv-and is
based on the printing of the letter heads
and cards. 1t seems to me that that cir
ct1mstance alone, as the basis of claiming
that the copartnership was formed and
commenced at that time, is lniscon.
ception on MIR. Grifiin's part. If hardly
would have tendency to prove it to nv
mind. Tt is a method adopted by men
carrying on business, very frequently. to
assume high sounding style, for the
purpose of attracting the attention of the
public. The adoption of these bill heads
and cards, and the publication of them,
with the consent OF the wife of Mr..
Griffin, does not carry any special weight
with me as proof of the formation Of the
partnership. That was the time, as Mr..
Griffin himself states of the commence
ment of this co-partnership. There Ger
tainly never was, so far as the testimony
is concerned. any agreement between
these parties, the husband and wife, to
form co. partnership. 1t is very evident
fro, +bot kfyc Griffin wv
very active in the conduct of the business.
perhaps in obstructing it. She evidently
was power in the family, and perhaps
in the management good or bad OF the
business. She assisted; she interfered ;
she collected bills; and she wrote letters,
either by dictation or voluntarily. she
stated in several instances that she had
money in the business. That is obvious.
1t is proved that she had, and that was
reason enough for business woman to
take part in business enterprise, SO far
as to have something to say about it,; and
she may have made admissions. At any
rate, the proof fails to satisfy me that a
partnership existed in fact and for the
purpose of the matter now before the
court, | shall decide that the claims OF
these persons, who have alleged that
Phillip B. Griffin, doing business under
the name and style of the Freeport
Lumber and Box company, is indebted to
them, are individual debts. 1t may be /
am wholly wrong. If 1 am, the, position
take cannot injure them. The mere fact
that my decision would elect Mr.. Ulmer,
is only electing one man instead of an
other, both of them respectable men and
somewhat experienced in these matters.
If Mr.. Ulmer's contention proves correct,
it will benefit every body who has en-
deavored to prove claim here; and, if
his position is correct, then all these
creditors, if they prove their claims, will
have to be content to take their share of
the assets about $50 returned by the
debtor, increased by the bank deposits
and the several other small items.
Mr.. Ulmer was elected assignee, but
Mr.. Oxnard and Mr.. Gritfin's brother,
two of the creditors, objected and made a
charge that Mr.. Ulmer was not proper
person for assignee. The charge will be
heard today.