The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-04-22
-AE COMMISSIONERS REPORT
GILcHRIsT's REPORT.

~
q Through steps taken yesterday in the
circuit court OF Ohio county. tho famous
case Of the city Of Wheeling VS.. Paige,
Carey & Company. and litigation
brought about by creditors OF the latter
Z bid fair to reach a conclusion and final
settieinch: in the near future. though It
IS possible the matter will drag along In
The courts for come time.
Yesterday afternoon. City Solicitor
Frank w. Nesbitt and ex-C City Solicitor
Thomas S. Riley appeared before Judge
Hcryey In the circuit court, and tender
ed the sum OF sll.4iS O9, the amount
which The city acknowledges to be due
Paige. Carey &c Company on the Main
street etono bridge contract Thereupon
the following order was entered:
City Of Wheeling VS.. Paige, Carey & Co.
& In Chanccry. 1's ~ - NJ 2
s. This list day Of April. 1898. came the
plaintin, the City OF wheeling. bv Frank
w. Nesbltt and T. s. Riley its attorneys,
and moved the court for leave to pay into
Paige. Carey & Co., Sii.liS o., which leave
!s granted, and It Is ordered by. the court
that said amount be paid TO J.. f. Sands.
tho general receiver. OF this court. to be
%, held by him. subject to the further
On motion OF counsel for certain OF the
creditors OF Paige, Carey G Co.., who are
asrties to this suit, the court adds to this
order the statement that the entry OF this
shall tnot be taken to conclude any OF the
parties 10 this suit as to the amount for
which tho city OF Wheeling is liable. i
simultaneously with the paying in OF
the cisys acknowledged indebtedness,
Special Commissioner G. R. E. Gil
Christ. in whose hands the court placed
{ the Paige, Carey claims several years
ago. made his report to- the court. The
main body of the report Is In twelve
neatly bound typewriter. volumes, OF
2 1859 pages. accompanied by S31 exhibits.
Commissioner Gllchrjst said the next
step would be the filing OF exceptions by
creditors who are dissatisfied with the
finding OF the commissioner on their
4 claims. As noted In the court order
printed above, there IRE some creditors
of this class,
The report o. Commissioned Gill;
Christ shows that on July 30, 1890, the
city OF Wheeling entered into an agree
ment with Paige, Carey & Company, for
the erection OF the Main street stone
bridge; that subsequently. through the
death OF one partner and the disappear
ance of another. and resultant financial
difficulties the firm OF, Paige, Carey C
Company was compelled to announce
that It was unable to complete the work
of Ats contract On April 10, 1892, the
city. through its contractors. Hallcck
Brother6, undertook the work OF COM
p:eaIs the bridge. The cost of building
rae bridge was largely. in excess OF wha:
seemingly would have been necessary IL
the work had been done by Paige, Carey
& Company. z -;
~ On November IS. 1892, the city OF
SWheeiiIg brought suit In cilancery In
I the circuit court. against the surviving
partners of the firm, in which It admit
tsd an indebtedness of su.44S 90. and
prayed that the court would ascertain
In what manner the said money should
ne diSburscd. and to whom, the money
81 the hands OF the city having been
garatshed by creditors. of the firm. The
matter was referred by the court to G.
r, E Gilchrist, specia, commissioner, to
ASCERTAIN the amount due by the city
Sand the GLAZING against Paige, Carey &
Z Company. .1y5S
The difference between the amount
admitted to be due by the city and the
amount claimed to be due by the COM
missioner, is accounted for by the excess
7 of tde, actual cost over the estimated
cost OF the work remaining. to be done
under the contract; the charging by the
city of the cost of the Goshorn retaining
wall: and the charging 10 the city Of in
Fterest on the amount admitted to be due.
the city makes the claim that under the
contract 1t Is not bound 10 pay the bal.
ance of the money until after the COM
pletton OF the work on the bridge The
city in fact has denied Its liability for
any interest, the claim being that since
: the completion OF the bridge the city
has not known to whom the balance due
should be righttully paid.
- The commissioner ascertained the as
sets ios Paige, Carey Il Company 10 be
Il the sum due by the city with interest
and the. amount arising out OF the pro-
ceeds OF sale OF certain personal prop
Scrty, levied Upon by creditors OF the
! firm. The commissioner has no reason
10, doubt the correctness OF the amount
reported by Lewis Steelrod, as the net
( proceeds OF said sale. The only, ques-
= kipIfSlS tNJietltI, LEWIS sotecIT0u SEOulu
be charged with interest Tor the use Of
the money collected. the amount OF in
terest charged being S942 II.
The commissioner does not allow the
claim OF Alfred Caldwell, executor of
! the will Of william S. Gosl1orn, by the
Ealing OF wall during the construction
i OF; the bridge.
The commissioner does not allow the
mechanics icins against the firm, nor
the validity OF orders given in the name
Of Paige Carey G. Company to several
; OF their! creditors. a
AZ The following Is partial list OF the
finding OF the commissioner, not includ-
ting the smalle- claims which are
4 amounts due workmen:
Creditor. Original Claim. Finding
I Bcltz. Flading q CO..; I5s % 8 OH; ri
d Citizens Railway Co. 4OG o. ~ GISl5S
Donaldson, Lewis &; Co.. 60 n i0s NJ
Dowler & Dowler.. !i7S7i 5Ss n
4 Freeport Stone Co.....,... 9,220 ~ 70 TIs Il
4 Frew, Campbell & Hart. l2l 90 - iii 4,
y C.4M. Frisscll. ...........,. 900 90 og5 nj
/. Cats q 1Srey.............. G,41h 05 $40 10
= P. r. Healy................i SI7 20 j. Ssi m
a L. g. Hallock. ............. !, 2os 90 Ts9 m
= =. r. Hitchcock. GO SIS e. / STi a
ACharleg L. HObbs,,.,,,,,,. "a n 'F,i = IN "a