The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-07-15
mr.. TAGGART TOO LATE.
Decision Concerning the Granite
State PrOvident Association.

Supreme Court DEGREES That Assignee
Taggart of New Hampshire Filed His
Petition Too Late and Cannot Now Be
come a Party Defendant in Maine Case.
Judge Haskell of the Supreme court
yesterday rendered a decision of interest
to the Maine shareholders in the defunct
Granite State Provident Association. He
denied the petition of Assignee David A.
Taggart of Manchester, who sought to in
teryene in the preliminary proceedings in
regard to the custody of the Maine funds,
and become q party defendant in the
cause He will be heard, however, on
the pending petition for q distribution of
the assets.
A hearing on Mr.. Taggart's petition
was held in Judge Haskell's chambers,
Wednesday, Messrs. Drummond and
Drummond appearing as counsel for
Bank Examiner Timberlake, and Messrs.
Clarence A. Hight and Arthur T. Belcher
for the petitioner. Following is the full
text of Judge Haskell's decree;
"Ihis cause came on for hearing upon
the petition of David A. Taggart of Man
chester, N. H., assignee of defendant cor
poration in that state, for leave to become
a party defendant and file an answer and
be heard upon further proceedings in this
cause, and it has been argued by counsel.
"It appears that the bill was fled on
the 25th Of March, 1876, and subpoena
issued thereon, returnable May rules,
1896; that a receiver was appointed April
"a, 1896, on due petition and notice, to
take charge of the assets Of said corpora
ton; that on May rules, 1896, subpoena
WAS returned duly served, and no appear
ance being made by said corporation, on
June 9th, motion was filed that the bill
be taken pro confesso. for want of appear
ance, and on the 10th of July said motion
was granted and the cause ordered to
proceed therafterward ex parte as to the
defendant corporation; that on the 18th
of August, 1896, the cause was set for
hearing and heard, and decree was filed
that day, sustaining said bill and con-
1rming the appointment Of said receiver,
who had already accepted said trust and
given bond as required in the penal sum
of 100000 conditions for the faithful per-
Torrance of his trust; that ON the LIST of
April, 1897, master was appointed to
take account of the claims of creditors
and shareholders in said corporation,
resident in the state of Maine, and his
report was filed July 6, 1898; that on May
l., 1898, petition for distribution of the
assets of said corporation among resident
creditors was filed, and notice by publica-
ton was ordered thereon, returnable June
rules, 1898, and such notice has been
given; that the receiver has in his hands
cash assets above $4,000, besides the
amount in the hands of the state treasurer
of at least $50, 900 more.
SIT is therefore considered by the court
that the prayer of the petitioner to become
party defendant, with the right to an
swer to the plaintiffs bill, and thereby
put in issue all the allegations thereof and
contest the proceedings taken in the cause
comes too late, and should be denied; but
that it is just ana reasonable that he be
allowed to intervene and be heard up on
the PLAINTIFF petition for the distribution
of assets, and upon such further proceed
ings as may be therein had and not other
wise, and it is SO ordered, adjudged anu
decreed."