Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-01-06
IN BANKRUPTCY.
Az lMPOR TANT DECIS-
ION BY JUDGE.
PURNELL.

Hoo SoAS AIICt II ilS Val IOu
hearings, Mr.. Aydlett represen
} ing the plaintiffs aud Mess,
Sawyer, Skinner and Ward til
defendant.
The defendant appealed fror
the rulings OF Judge Albertso
spec al referee to ;he Judge an
Judge Purnell has just rendere
bis judgement which we COP
below.
B. N. Bray ct al. VS.. G. "
Cobb, etc.
On the goth day of Novelnbe
1898, petition to have Gee
w. Cobb, individually and a
surviving partner Of Guirki1
and Company declared a Danl
rupt was exhibited to the Dis
trict Judge and it appearing t.
the satisfaction Of the said Judg'
there was necessity therefor,
special messenger was appointed
under Equity, Rule IS to ex
ecute the process i'll said pro
ceeding. The subpoena issuec
Decem mber Ist. and was made re
turnable on the same day. |,
was executed on December Ist
in due form.
1t further appearing the Re
feree for that Division of the
District was interested and dis
qualified, C. V. Sec. 80 a. John
w Albe1tson, was appointed
Special Referee and upon bis
qualification as ordered the mat
was referred to him as Special
Referee (Sec. 45)
The petition alleged as Acts
Of Bankruptcy. that Defendant
had made an assignment with
preferences amounting to twenty
nine thousand dollars on the
10th day of October, 1898; that
defendants are irdebted to peti
TONERS in the amounts set ont
aggregating over nine thousand
dollars, for which they have nc
security, an1 defendant has fail
to pay such indebtedness - tn at
the assignment hinders delays
and defeats petitioners
That there are other creditors
not secured and the Indebtedness
of defendant amounts to over
fifty thousand dollars, which he
is unable to pay. That all the
estate Of the defendant Cobb has
been turned over to the trustees
under the assignment.
On the 18TH day tf DeCelnter,
defendant filed an answer adj
mitting a majority Of debts set
out i'll petition and denying
others. Assignment admitted
fraud denied de nies Insolvency
and alleges solvency: deni as
signment was to hinder and de
lay. denies other creditorsand he
is unable to pay debts.
Admits property turned over
to trustee, etc, Isl and alleges it
is worth over sixty thousand
dollars On the same day at 9 a
n. petition was filed by efend
ant for trial by jury OF the is
sue o insolvency and acts O!
Bankruptcy alleged. c. " 5
10
There was a hearing Dscem
Der I9th before the Special Re
feree and argur eat by counse'
At an adjourned meeting Of the
Referee rendered his decision
against defendant, bnt refused to
sign an CIDER adjudgnng him a
bankrupt. when afidavits were
filed, verified December I'd
1895, showing Referee is a debt
or of defendant III these proceed
rigs, and petite: iied asking
for a review thereof by the
Judge.
The exceptions in the pets
ton for review, are, Ist. That
the Special Referee is disqualih
ed under c 5. Sec. SO S. S. c.
I'd. Because the Referee was
appointed before the answer
and petition for a Jury were filed
ard without the knowledge, con
sentsor approval of respondent
OF their attorneys. sd. Because
the cause was not referred by
the deputy clerk of the court at
Elizabeth City. 4th. The clerk
has no power or authority to re,
fer this cause 5th That ans wer
having been hls d denying soil
vency, Referee had no power to
find as fact or decree as a mat
ter of law that the assignment
referred to was an act of ba ,k>
ruptcy.
1t is now December 27th, IS.
o8, made known to the court
for the first time that the Spec
iai Referee appointed herein
was and is a debtor of the res,
pondent and it is to say the least