The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1902-09-18
RULE ON CREDITORS.
In the Court OF Common Pleas of Fulton
County.
FRANK p. LYNCH,
D..ts.a o. IM-.t.
Register and Clerks ONCE.
Sept. 0, 1902,

In the Court of Common Pleas of Fulton
County.
The Commonw ealth OF Pennsylvania
County of Fulton, IS.
At Court of Common Pleas held at McCon-
nellsburg, in and for Fulton County, Pen sylvia
mia, before the Honorable S. McC. Swope, r.
j. and Lemuel z. Kirk and David A. Nelson
Esqrs., Associate Judges of said Court. on June
10, 1902, the petition of w. $. smith Of Washing
ton county Nd, was presented setting forth ::
That one II @. Smith of the township of Ayr
In the county of fulton, Penna., did on the
fourth day OF March A. ID. 10 ., execute and de-
liver deed OF assignment for the benefit of
creditors to james Henry, George b. Daniels
and 5. W. Kirk, conveying to them all his prop.
erty, as well as all the property of II. O. Smith
& Co This wife Elizabeth Joining with him in the
said deed) and in and by the said deed made.
executed and delivered by the said II. Z. Smith
and Elizabeth (his wlfe) for themselves and II.
O. Smith for H. q. Smith g. Co.. the said II. G.
Smith alleges that the petitioner w 5. Smith
Is a partner in the said firm of II. q. Smith q
Co. and that the said ii. q. Smith and w S.
Smith were Co-partnerS under the firm name OF
IL. q. Smith s. Co and thus representing the pc
tltioner as Interested as partner In the said
firm of Ii. y. Smith & Co. The petitioner fur
ther represents that he was never associated
with the said II. q. Smith as "a partner In any
business whatsoever. that he was not u partner
in the firm OF III. Y. Smith & Co. that he had no
interest whatever in the firm of III. q. Smith &
Co., that he never entered into partnership
with the said II. q. Smith, or gave him permS-
sion to use his name in any way as partner in
name in the said deed of assignment, and that
the name of your petitioner was placed in the
said deed of assignment without his knowledge
or consent and without any legal warrant or
authority to do sO that he never knew that his
name was in any way used or connected with
the firm of IL. @. Smith 4 Co. as n partner, and
further that he has no interest whatever rs a
partner In the said mercantile orany other bus
mess carried on by II. @. smith 4 Co that he is
not, and never was II partner In the said firm or
business carried on under the name of II. G.
Smith g. co. And further the petitioner repre-
sents and expects to be able to prove that the
name OF W. \. Smith, the petitioner was inclu-
ded in the said deed of assignment as partner
of said Ii. O. Smith & co by mistake or inadver-
tance.
And therefore praying the court to strike the
name of the petitioner from the said deed OF
assignment as though the name of the petition
er had never been included In the same.
Whereupon June TO- 1902, within petition read
and considered and Rule on assignees, james
Henry, Geo. u. Daniels and =. W. Kirk and al
so the creditors of the said estate to show
cause why the name OF W. ). Smith should moi
be stricken from the deed Of assignment, re
turDable october Term next Service of this
rule on creditors to be by publication.
In testimony whereof have hereunto set my
hand and the seal of the said court at McCon
nellsburg, this lst. day of July A. ID. 1907.
FRANK p. LYNCH,
[Seall Prothonotary.