The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-23
FIRST CASE IN BANKRUPTCY.
A QUITMAN FIRMS PETITION FILED
IN THE U. S. COURT.

Hitch, Powers & Co. Apply for the
Advantages Provided by Law for
Bnnkrupts-HaVe Already Been
Declared InsOIvent by the supe-
rIOr Court of Brooks COunty-Thefr
Assets In the Hands of Receiver.
A Schedule of Their Liabilities.
The Petition in Full.
The first petition in bankruptcy under
the new law to be filed in the United
States Court for this division of the South
ern district Of Georgia, was fled yesterday
shortly after z O'Clock by Messrs. Barrow
e. Osborne, representing Messrs. Hitch,
Powers & Co., of Quitman the applicants.
Though there has been much talk con-
corning parties in Savannah and expecta-
tons that there would be several cases
filed at an early date, it remains for the
first to come from distant county
Brooks The probability is that there was
considerable hesitation about the matter,
and though several here are DESTROYS of
taking advantage Of the opportunity af-
fOrded under the law, none of them want
to be first. The petition of Messrs. Hitch
& Powers. which is drawn in the form
required, is as follows:
To the Honorable Emory Speer, Judge OF
the District Court of the United States
for the Southern District of Georgia.
The petition of Hitch, Powers & Co. IA
partnership composed of b. F. Hitch, G.
M. Powers and T. ]. Powers), of Quitmau,
in the county of Brooks, and state of
Georgia, and district aforesaid, respectful
~ represents:
That they have resided for six months
next Immediately preceding the fling of
this petition, at Quitman. Ca, within said
judicial district; that they owe debts and
are unable to pay the same; that they
have already surrendered all of their es-
tates and effects for the benefit of their
creditors, as hereinafter set FORTH and de
sire to obtain the benefit of the act enti-
lied AN act to establish a uniform sys-
TEN of bankruptcy throughout the United
states, approved July l, 1898"
That, in the month of December, 1898.
NJ. c. Kiser & Co. of Atlanta, Ga, ct al,
filed a petition in the Superior Court of
BROOKS county, Georgia, alleging that
your petitioners were insolvent and pray
ing the court to appoint a receiver to take
charge of all the assets belonging to Deti-
TONERS; that RAC. Mcintosh was appoint
ed receiver by the court and that in oba-
dience to the orders of the court your pc
uLioners turned over to said receiver all
thelr estates and effects, including their
STOCK OF merchandise, notes, accounts and
chooses ia action, and all property owned
by the individual members of said part
hership' including their dwelling houses;
mat said receiver has disposed of their
stock OF merchandise dwelling houses,
lands, etc, and converted the greater por-
ton OF their assets into cash. which has
been turned over to their creditors and
that few remaining notes, accounts and
chooses in action are now IN process of col
lection and settlement by said receiver:
the proceeds from which will be turned
over TO their creditors when collected
That the schedule hereto annexed, mark
ed exhibit "a and verified contains a full
and true statement of all their debts and
so far as Is possible to ascertain, the
names and places of residence of their
creditors, and such further facts concern
ing SAID debts as are required by law.
wherefore, your petitioners pray that
they may be adjudged by the court to be
bankrupts, within the purview of said law.
ana that they may be decTeed to have GER
uhcates of discharge from all their debts
provabe under the same
Inc document is signed by Hitch Pow
ers & Co, and by Messrs Barrow & Os-
borne as their attorneys There follows
afterward an oath to the truth of the
statement contained in the petition
The schedule annexed to the petition
shows that the firm had eighty-seven credi-
tors many of them in Savannah and At
lanta and other parts of the state. as
well as in the North. The total amount
of indebtedness set forth in the schedule
is $1S,Gf7.69
The Savannah creditors are E. A. Well
& Co., $16S.20; J. NJ. Dixon & Co.. no
amount given; Appel & Schaul, S13O95;
Standard Oil Co, $50. A; A. Ehrlich &
Bro, $2S.53; Appel & Schaul, $42.45; Leo
pold Adler, $3.55; Mohr Bros. $25S5; and
Savannah Woodenware Co, $l6.l0.
The case being from Brooks county
comes within the bailiwick of Mr. j. ID.
Harrel Of cambridge, who was appoint
ed referee by Judge Speer for that sec
ton. The referee will take hold of the
case, go through it thoroughly and report
TO the court. A hearing of the petition
then follows, and orders are passed in
accordance with the circumstances of the
case.