The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-04-21
INTERvENES FOR LARGE SUM.
puooE@LYN BANK WANTS A SHARE
OF c. GRAY'S ESTATE.

Claim Is for Balance Due on Five
PromissOry Notes, Amounting to
goo. OO0-This sum Has Been Reduc-
cd nv Credits to $3,51S.1S-Banl
Claims Priority over All Debts
Contracted by the Estate-Nutter
6 S.abury Intervene In the Case of
i G. Carter Against the Win
+broD COmpany-Firm Claims a
lion ON Part of COmpany's Plant.
Old suit Dismissed.
The intervention of the Manufacturers
National Bank of Brooklyn, in the case
of the H. B. Clafin Company against
christopher Gray &; Son, and others, was
+iled in the office of the clerk of the Super
ior Court yesterday. Upon motion of
counsel for the bank, Mr.. R. R. Richards,
the netitioner was permitted to intervene,
win the right reserved TO it to contest
,ts claims and their priority with other
creditors of the defendants, who have filed
,nterventions in the pending suit.
This Intervention is probably one of the
most important yet filed. The bank shows
,bat the various defendants in the suit
are indebted to it in the sum of So, 51S1S,
with interest from April /, 1885, the bal
ence due on five promissory notes exc
cuted by the firms of c. Gray & Son and
C Gray & Co. during the latter part of
7s95 and the first part of 1896, and amount
ing in the aggregate to $4,000 The notes
for both of the firms are executed by Ed
ward Gray, attorney. The indebtedness
has been reduced by payments on account
and by credits from the sale of collaterals
10 the amount mentioned in the interven-
or's petition.
The notes were all executed prior to
the death of Christopher Gray and it is
conteuded that at that time they consti-
tuted a valid claim against his estate. For
this reason it is further contended that
the claim of the bank is entitled TO prior
ity over all debts contracted by the es-
tate both as against the estate and
against the assets of the defunct firms Of
c. Gray & Son and C. Gray & Co.
Attached to the petition to intervene, as
exhibits, are copies Sof the notes upon
which the claim of the bank is based and
the account between the bank and the
firms by which the notes were given. These
show transactions extending over several
y
large number of interventions have
been filed by creditors since the case was
first brought, and they continue to come
in. The assets of the two firms and of the
estate win be much less than enough to
satisfy the claims of all the creditors, and
the matter of priority Is important, and
will be hoty contested before there is a
final decree in the case, and a distribution
of the assets.
Another intervention of importance was
filed by Nutter & Seabury, of Boston, in
The case of J. G. Carter, against the Win
thr0p Company. The intervenors claim that
the Winthrop Company is indebted to them
in the sum of S1,67i.S4, on three promissory
notes each dated Sept. 10, 1898, with in
terest thereon at the rate of six per cent
per annum
Nutter & Seabury entered into a contact
with the defendant to furnish and place
III position all of the piping shafting and
fittings in the works of the company near
savannah The purchase money was to
De paid part in cash and part at the expir-
auon OF three months, with the privilege
leitrVed 20 increase this latter time of
payment to six months. OF this privilege
the company awaited itself and all of the
notes sued on are renewals of the origi-
mas, Embodied in the contract was the
provision that the machinery and fitting
furnished by the contractors should re-
main thelr property until all of the pur-
chase money had been paid.
Inc intervenOrs now ask that in addi-
toh TO the right to intervene they have
Judgment against the defendant for the
1uH amount of the principal sum and IN
'erest of their claim and that the judg-
Hnehl tie made a special lien on the ma
chlnery pipe and fittings furnished by
mem title to the property was reserv-
ca by the contractors under the provisions
OF me section of the code, allowing the re-
tehtion and recordation of vendors liens.
ana the reservation of title was admitted
10 record in the office of the clerk of the
superior Court, The intervenors are rem
resented by Messrs. Denmark, Adams &
>, me case of H: P. Exley against f. l..
-Neluhnger was dismissed upon motion of
counsel for plaintiff and at the plaintiffs
costs The suit was for the foreclosure
Of a lien.