The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-02

Judge Gunster yesterday hauda down
an order appointing Major Everett
Warren receiver C the dissolved sroc'
cry firm of Gilmore Y Duffy. The ap-
pCintment was the result of n petition
contained in an equity suit brought ny
Mr.. Duffy against Mr.. Gilmore, iast
fall. This will lnt stop to the almost
endless litig lt.:r threatened by the
var between the e..partnerS. several
suits have al'n2b. been lined out bit
without affecting an adjustment. Each
felt that the other was endeaNCring
to overreach him and, as may be i'm
agined with this condition Of affairs
existing the chances of an amicable
settlement were, to say the least, linn
tied. The receiver takes the business
out Of both parties hands and proceeds
to settle their differences as his best
judgment dictates.
The first trouble arose soon after the
dissolution in 1895. When the firm dis
solved it was nlutually agreed that
Mr. Gilmore should collect the out
standing accounts, which amounted to
$4,000 and apply this to the liquida-
ton of the firms Indebtedness. Each
partner gave the other judgment
that the audit might develop.
Mr.. Gilmore figured out that Mr.
Duffy was owning the firm over $4,000
and sought TO collect on the note Mr..
Duffy opposed this and in time brought
equity proceedings in which he alleged
that Mr. Gilmore had collected $S,400 of
the firms outstanding accounts and
instead OF applying it to the liquidation
.1yf, tn1 tn 1Ni
own uses; also. that he had disposed of
his property in order to avoid any
judgments that might be entered
against the firm. He asked that re-
ceiver be appointed to wind up the
firms affairs
MIR. GILMORE'S ANSWER.
Mr.. Gilmore made answer by admit
ting that he collected the $S,4O0 referred
to but applied it tc the payment of a
debt which the firm owed him. He
denied that he disposed of his property
as alleged. Mr.. Gilmore Joined in the
plaintiffs petition for the appointment
Of receiver but concluded that :, as
llQudating partner should be ramed
for the position.
Judge Gunster in his opinion says
controverted matters can now be made.
He would be willing to appoint Mr.. Gill
more receiver, but the unsettled dis
putes between the partners make that
course unadyisable. The interests of
both would be best served, he thinks
by the appointment of a third and i'm
partial person and accordingly he di-
rected the following order to enter on
record:
And now, March l. 1898, it is ordered
and decreed that an account be taken of
the partnership dealings and transactions
between the plaintiff and the defendant
from the beginning of said partnership,
to wit, July, 1888, to the present time
And it is further ordered that upon TAX
ing the said account that what shall be
| certified to be due from either of the said
parties to the other of them be paid by
the party from, whom to the party, Ia
whom the same shall be cer.lned to be
due. And it is further ordered and de-
creed that Everett Warren, esq, of this
city of Scranton, Pa, be and is hereby
appointed receiver to collect, get in and
receive the outstanding uebts and
moneys due to or on account of the said
| partnership business of the said Gilmore
| & Duffy; and also to receive and take
| possession of all the stock in trade, eff
kind of and belonging to the said part
| nership upon his filing a bond with the
| prothonotary of this court in the pena
| sum of ten thousand dollars, with suf
| ficient surety, to be approved by one OF
| the judges of our said court, conditioned
| for the faithful performance of his duties
! as such receiver.
MANDATE OF COURT.
And it is further ordered and decreet
that the plaintiff and defendant deliver
| over to such receiver all the stock il
trade, effects and property of every ma
| ture and kind of or belonging to sale
| partnership in their possession or sub
| ject to their control and also al
| money, notes, drafts, bills of exchange
| checks or other evidences of indebted
| ness due to said partnership, togethe
| with books of account, accounts, re
| ceipts, vouchers and papers of whateve
nature belonging to or pertaining to saiC
| partnership business.
| And it is further ordered and decreeC
| that said receiver, from time to time
make report to the court of all his doing
in this behalf, and that either of the par
ties to said cause or said receiver shal
be at liberty to apply to the court from
time to time, for such further order o
direction as may be necessary.
By the court,
F. w. Gunster, A. l.. j.