The times. [volume] (Richmond, Va.) 1890-1903, 1899-11-25
Was Once tie WeaIthicst Resident Of
Petersburg.
AN ASSIGNMENT MADE BY HIM.
The Holder Of One of Ills Notes Sought
20 Force Him Into Bankruptcy.
Tho Motion Resisted on the
Ground that It Was
Given in Gam
ing Transaction.


80 no most i,,nor.auf decisions
,,..... ,,.,s
rendered do n''"N' "p'.f ,,..,
that delivered by Juite i'om""" """
am r~ OF the Emitted states District
...f... ..,... NJ a,.,. vas adiu-
N'"''
oioai'd an Involuntary "'''''
vbo caqe is one in which many OF inc
....,.,.,. had ., bo decided. ana
it i......tio, n.s beon prolonged Hon.
t,.t,... p RfcEae represented the credi-
0.u Richard B. Davis the
"...'N' t.. attracted much attention
..... ,f +t, unusual legal questions
,...l and tho amount of property con-
t.... i. , resident 1f pcter-burg
n,u of large possessions.
l,,,t,, much rr.l estate in Petersburg
-l ,r..urrre and Irnc tho president of
, ,...,t ..rr,4ui.- bon Petersburg
..,d >-orf,1r and looked ur0n as the most
,.,,.,.f.,,+ man n th. re.nut trade m
,.,,..t,t,
f, f.e. no n...pts involved and fn Oc-
.o,..r ~ t,,, ,.sar ro made 9p assienment
49,. r4.,rutoo A. NcTlwainc. two
,..,i,. .l,,,..g.o lao,,or. of Petersburg prefer
,i,, go-.si, creditors the chief of whom
,,.ors ,be potor-brrr Savings and Insur-
e,r.. f,,-,t,,t,,. and the National Bank of
pct,r.trrr to which institution hc was
1c,..u,- ir5,bfod as cudorscr for the NJ.
c,.,. ,,-,,.,,. - (which he WIS Dresi-
Jo,t ,rt. ..l,.i.,, 81. .s follows.
u-Dcr- v-ADDuT-e OPINION.
Tho ouestions ina bfs case arise upon
q ratrior fi.5 bv Zor3 HW AGAINST NJ
low. alleging the bankruptcy OF th, lat-
ter and ASKING that he be adfudicatod
banzrupf in thc Involuntary PROCEEDINGS
thus iuaueuratcd.
,rhc nctitioner AYERS that the creditors
81 he ALLEGED banlrupt arc less than
rv-ol,o iu nunbcr and that therefore ono
creditor Whose, deb. exceeds $500 has the
,f,bt to Institute prola.ducs Tho alleged
pround of bqukriutcy is that the said
low. while totally m-olvont and with
tr f.r, months of th. time of dling thc
.,td ,etifiou cva.ufed "a general iced of
se.i-,r,snt conve,inr aN of his property
and ..tafo to Trustees for the payment
of his debts making reference among
,t.r, Fl, oo7.rs,.artioD 1f Che bankruptcy
,a,,. and c,..,d.rr refitiorcr who held
bfe roto for the sum of y2S,55O
r.. mis- rctition. the defendant. Levy
elod bis piaa and answer. admitting i'm
s,lvo,,,. and the existence of the ass
,fcnmert with preference but denied
tbat bc owed t.,Iiti0ucr anything and
- t,..+ tt, .uo~o5 fobt was b,sed
,t,,o,, g, Gaming consideration. which was
,.oid ,,oder the virginia statute. whether
., tto ,,,,,5. of .5o oririraI na,oo. or ann
tnnoccot holder thereof and was not.
tborororo 81 dab movable under the
banl,runfcv law said Levy further all
lopad fbat bi. creditors were more than
twelve boo number and hence that peti-
tiouer could not without other creditors
tll,,i,,,,. Win him ipauriirato involuntary
,.-.1c,..tr,es i'm banl,r,ptc, against him.
,u-ru EViD5NrE.
r-r,, tbis condition of the plcadings.
.l,t'r.tt, c,.i1onco was introducol
',o,,t,orcr sttcmrtinr to show that the
Mona fde creditors Of the defendant we're
tcss ma. twelve i'm number and chat the
dehts eouebt to he set up bv the defcn-
dsnt were either due TO persons within
the inhibited degree of relationship. sueci-
.o5 a. tbo bankruptcv law. or of debts
.ec,,rcd i'm the deed of assignment. men-
riored fo the peution as an act OF bank