The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1898-08-05

The hearing before Judge Sever
ance Friday on the petition of
certain creditors for the removal Of
Geo. Schwartz as assignee Of Oscar
Cassidy and the Cassidy Packing Co.
developed a red hot time. MI.
Schwartz was not present in person,
but he was represented by his attor-
neys, E. j. Cannon, of st. Paul, and
W. N ,Plymat, Of this city. o. M.
Metcalf, of St. Paul, appeared for
the petitioning creditors, Robert
Little, Joseph M. Dickson, R. L..
Houk, James F. Maloney, f. J. Kin
mean, Ada Webster, Carrie M. Bills
and John 81. Palmer. Lorin Cray ap-
peared for the National Citizens
bank, Evan Hughes for number Of
creditors, including the First Ma.
tional bank, and Harry Paddockap-
peared for other creditors.
Mr.. Metcalf opened the proceedings
by saying that the petitioners repre-
sent $4,000 Of claims. The petition
alleges that Mr.. Schwartz for two
years has resided outside of the state
and beyond the Jurisdiction of the
court. These creditors and the surety
company on the bond, the Fidelity
and Deposit Co., of Maryland, feel
that the assignee should be resi-
dent of the state and under the juris-
diction Of the court. Mr.. Schwartz
was in St. Paul two days before the
petition was served on him and ad-
mitted that he was nonresident and
that it was fact that the estate has
not been closed up. He desired and
begged TO be retained as assignee,
and said that if summarily removed
it would have an injurious effect on a
business matter which he was about
to conclude; also that if removed now,
not proper measure Of his services
would be known. Mr.. Metcalf, con-
tinuing, said that gif the court felt
that way, the petitioners would not
object to an associate assignee, who
should be resident of the state and
would take full control of the estate.
They had no disposition to persecute
Mr.. Schwartz or to take
steps that would upset his
odvoptonoouc b,cipocc opOonomoptc
They would simply like to have the
business in the hands of some one
within the Jurisdiction of the court.
These creditors and many others
would be entirely satisfied if Mr.. Can
non was appointed to act with or
without Mr.. Schwartz. He had been
the assignee's attorney and had had
charge Of the entire litigation and
knows all the circumstances. Mr..
Metcalf suggested to the court that
these creditors desired to present MI.
Cannon's name for this purpose.
Judge Severance said that if the
charges in the petition are true, Mr..
Schwartz should no longer be assignee
under any circumstances, but the
mere fact that he had moved out of
the Jurisdiction of the court was
enough to remove him. The only
question was, who should be appoint
ed to succeed him.
Evan Hughes read petition signed
by Jensen & Perrin, II. P. Jensen,
NeilF Cook, G. D. Taylor, F. E. Hidde,
Mrs. M. Roll, Rob. Markle, q.
Schroeder, Jno. Klein & Co., and the
First National bank, the latter hav-
ing claim Of $1,000, suggesting that
Leo S. Lamm or any other suitable
person be appointed assignee. The
petition recited that it was matter
of common knowledge among the
creditors that the assignee had sold
property amounting to several thou
sand dollars and made no accounting
and claims to have no money on hand
now. 1t asked that no person who
has had confidential relations with
the assignee and bondsmen be ap-
pointed, as proceedings ought to be
started to protect the interests Of the
creditors.
The court said that he presumed
that the new assignee would bring
such suits as are necessary. and that
no one should be selected for the ex-
press purpose of doing so. Some one
who is perfectly Indifferent in the
case ought to be the new assignee, and
he would rather appoint some one
whom nobody wanted.
Mr.. Metcalf said that in suggesting
Mr.. Cannon, he did not know Of or
expect opposition. If there was OBJ