Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1901-10-09

improve the Fishing Creek hill, to
which especial attention was called In
the last issue Of THE ENQUIRER. Mr..
N. A. Simril, who lives two miles east
of Yorkville, Is circulating paper for
subscriptions payable In cash or labor.
and an effort will be made to interest
the county commissioners in the under
taking also. Mr.. Simril said Monday
that he was satisfied that the people
most directly interested would be glad
TO assist as much as could reasonably
be expected; but he had no reason to
hope that they would be able to accom-
plisb the work alone.
ITEe Catawba Rifles.
Y Rock Hill special to the Charlotte
Observer: Adjutant and Inspector
General ]. w. Floyd mustered into the
service Of South Carolina last night
the Catawba Rifles. After the oath
was administered General Floyd made
short talk to the members OF the
company. He spoke Of the creditable
showing the Catawbas haG made, COM
lplimenting them highly; he spoke Of the
company's past record, Its future duties
and responsibilities. Captain H. M.
Dunlap, after General Floyd retired, In
speaking Of the company, said he was
proud of the showing made. The COM
pany composed Of So young men, is
full Of zeal and enthusiasm, and In
short time expects to rank among the
best companies in the state.
XDnnced His Leg OF.
Charley Finley, a stout, athletic Ne
gro broke his right leg in a somewhat
remarkable manner at a Negro frol-
Yorkville on last Saturday. He had
been dancing jig, and he attempted to
bring the performance to a finale by
jumping into the air and cracking his
heels together. He jumped all right
and danced all right; but in the effort
to crack his heels he made mislick
and brought the heavy sole Of his left
shoe against his right leg with such
force as to break both bones sQuarely
off few inches above the ankle. The
momentum and force with which he
struck the floor compounded the frac-
ture, leaving the bones protruding from
Glenn gave the injured Negro neces-
sary attention; but it was only with
much difficulty that they were able to
get the broken bones in place.
important Referee Report.
An interesting and important case
that will be ready for trial at the ap-
pleas, will be that Of jamie E. Hutchi-
] son and B. P. Reid, plaintiffs, against
the Rock Hill Real Estate and Loan
company, National Union Bank Of Rock
Hill, Haine & Bishop, Of New York. and
w. B. Wilson, attorney. This action
was commenced in June, 1900, by plain
tiffs, as minority stockholders in the
Loan company, alleging, in substance,
that all Of the assets Of that corpora
ton had been illegally and fraudulent
ly transferred by r. Lee Kerr, as treas
debts which defendants held against
the old Rock Hill Cotton Factory COM
pany, and against A. E. and D. Hutch
ison, and alleging the insolvency Of the
Real Estate and Loan company occa-
stoned thereby. A receiver was ap-
pointed for the Real Estate and Loan
company, and Mr.. J. s. Brice was
appointed special referee to take
testimony and report conclusions on
the issues. This was in October,
1900. After taking an immense amount
II, filed his report with the clerk
Of the court. The report covers 81 type
written pages, and is spoken Of by
members of the local bar, who have
read 1t, as a careful complete and in
telligent discussion Of all Of the issues
involved. 1t appears that the face val
ue Of the Loan company bonds and
mortgages alleged to have been trans
ferred by Kerr to defendants Is about
$4,000. The referee holds that the
transaction was illegal and void; that
1t was not the act Of the directors Of
| the company; but the unauthorized
act Of the treasurer and that 1t was
practically made under compulsion. He
holds that inasmuch as the National
Union Bank advanced $1,000 to take up
note Of the Atlantic National bank,
secured by the mortgage Of A. E.
Hutchison to the Loan company-the
mortgage being for s2O,000-it is right
that the bank should have credit for
the amount advanced and also for 81 800
cash paid to Kerr for the Loan COM
pany at the same time with this trans
action. He further holds that the re-
ceiver Of the Loan company Is entitled
to recover the assets Of his corporation
from the National Union Bank Of Rock
Hill, s. c., and that the said bank, after
being repaid the money advanced on
account of the Hutchison mortgage,
and to Kerr, should account for all as
sets Of the Loan company In its hands,
and for all money received on said as
sets. He also finds that Haines & Bish-
op, and their attorneys, should account
for all assets Of the Loan company, and
all moneys received in the transactions
under consideration. The plaintiffs in
this case are represented by Major Jas.
F. Hart and Mr.. G.. W. 8. Hart and the
defendants by Mr.. w. B. Wilson.