Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-02-22
Or fRiHIzS REQUEST DENIED
Not 70 be Pref~rrsa crsaitsr lathe suii
Of Rsbsrs u. Asx~siI Against the Will

Not 10 be = Pr.f~rr-a ersairsr sn.rhe suir
If Rsb.rs H. asx~siI Against the Will
rninstsn UeEtzI ssnafzesurIs Co.
10 shs United States Court late last
Saturday Afternoon JudRe Bradford
handed down decision concerning the
application Of DR.. Abrsm E Franz q
this city to be decrssd a preferred
creditor to the extent Of 81. TO IL ths
suit OF Robert D. Maxwell against The
Wilmington Dental Manufacturing 20.
United States Commissioner 5. K.
Smith. master in the sDiI, Sho heard
the testimony, receutiy made sn adverse
recon msndation on the application,
exceptions to the recommendations
were taken and argument vas heard
The judges opinion zss on the ex-
captions, ard ia IL be confirmed the
masters report 10 so far as il recom-
mends the dismissal OF the petition, but
refusing 10 a5opt the Tecomms nds.lou
OF the master. to the effect that each
party ray p5oporiiOna5e share Of the
costs. The court decided that the costs
should be taxed against the petitioner,
except the masters fes, half Of which
ID 10 be borne By the petitioner and
haif by the receiver.
This is the final litigation in the
Dental Co. suit and it is expected that
tie last dividend viii shortly be DE-
clared, the affairs of the company
wound up and the receiver discharged
The creditors have received 81 per cent
and il is likely that the final dividend
will be about II per cent. The pro-
ceeds from the sale Of the plant
amounted 10 al, 7a3. 90. So far disbrrse-
ments amounting 10 si3, 2Ss. II have
been made and there is balance Of
s23, IS. = 10 the hands Of the coort.
The application OF Iir. Frantz 10 be
decieed preferred creditor grew out
OF the fact that he had Loaned money.
After the Gi,ard Life and Trust Co. Of
Philadelphia was appointed receiver
for the dental company. II. III. b..
Barry Of Philadelphia brought suit
against the receiver for the amount OF
| certain claims held BY him. He had
been giren go shares Of stock Of a
par value of 800 each, as collateral,
which he Threatened TO sell. DR..
=, Frantz, who owned 100 shares, and other
| stockholders, desiring a reorganization
OF the company ard an early termiua.
| tion Of the receiyership, being appre-
| hsnsive that continued litigation with
/ Barry might re detrimental to the in
/ tsre4E OF LDS company anu UusNIaLs
their desires to have the COMPANY get 81
its feet, sought TO effect comLrunist
with Barry. and Henry Tatnall, presi
dent Of the trust company. which wa
the receiver. had several interviews
with Mr. harry relative to the matter
| As result, it was decided that Mr.
Barry would withdraw his suit ant
cancel his claims for $1,000, at tn,
same time surrendering the certificate
OF stock, held as collateral.
The receiver not having the cash Oh
hand TO pay this money 10 Mr.. Barry
and as there was no order Of tine cour
authorizing tue receiver Tn borroI
money for the purpose, DR.. Frantz ant
other stockholders derIded to raise tn
amount, which they did, DR.. Frant
advancing e., 100.
DR.. Frantz, in his petition. elaine,
that it was his understanding, whe
lie advanced the money. that il shout
be preferred claim and should be Eai
first. This was denied by the receive
in tho litigation just decided.