The Montgomery advertiser., 1902-01-24
IS THE E. '.IR
 BttKRUPT? Petition 'yled by Creditors
 : <festerday. RECEIVER ALSO ASKED FOR Is Largest Dry Goods House
 in Montgomery. Claim That Corporation is Insolvent and Seek to Place It Tn Involun- tary Bankruptcy--Indebted ness Not Known.
RECEIVER ALSO ASKED FOR

A petition was filed in the United States Circuit Court at 2 o'clock last nign' which seeks to have placed into invol- untary bankruptcy "The Fair. one oi the largest and oldest department stores in Montgomery. The appointment of receiver is also prayed for.
 The petitioners. Maggie Fitzgibbon and Ellen Apperious of Montgomery and L. Adelman and Nathan Dubenstein of New York allege that ''The Fair is insolveni and they have claims amounting In ths aggregate excess of securities held by them in the sum of $500. Service of the petition and an order for The Fair to appear in court at 10 o'clock a. m., Feb. s, to show cause why the prayer of the petitioners should not granted. was turn ed over to United States Marshal, l.. J. Bryan, who served the papers on A. 5. Knowles. Secretary and Treasurer of ''The Fair" last night.
 This announcement will no doubt come as a great surprise to the commercial world of montgomery. On January 10, the stockholders of The Fair" held their annual meeting and elected officers. William H. Hurter was elected presi- dent and A. s. Knowles secretary and treasurer. ."The Fair" is a corporation, capitalized at $75,000.
 The petitioners, Maggie Fitzgibbon of Montgomery, Ellen Apperious of Mont gomery. l.. Adelman and Nathan Duben- stein of New York, through their at torneys, Lomax, Crum &Weil and Har- mon, Dent & Well, allege that The Fair" corporation engaged principally in the mercantile business in the coun- greater portion of six months, oext pro ceding the cate of the fling Of this petl- ton, had It's principal place of business in Montgomery.
 They allege that they are creditors ot ."The Fair" and have provable claims amounting in the aggregate in excess of securities held by them to the sum of $500. The nature and, amount of the petitioners claims are as follows:
 Maggie Fitzgibbon. $7SO0 for money loaned by her to The Fair" and evI- denced by the promisory note of The Fair" \
 Ellen App peripus 5000 for money loaned by her to "rhe Fair
 L. Adelman 52.3O for goods. wares ana merchandise sold by him to The Fair. |"
 Nathan Dubenstein $39750 for goods, sold. due by account
 The petitioners further represent that "The Fair is insolvent and that within four months next proceeding the date of this petition. ''The Fair" committed an act of Bankruptcy in that 1t did. hereto fore to wit, during the months of November and December, 1901 trans ferred, while insolvent a large portion of It's property to one more of its creditors with intent to prefer such creditor or creditors over it's other creditors.
 The petitioners further represent that 'The Fair is insolvent and that within four months next proceeding the date of this petition "The Fair committed an act of bankruptcy in that it did hereto fore, during the month of November. and December 1901. pay to the Cone Export and Commission Company a sum of $500 upon a past due indebtedness of The Fair" to the said Cone Export and Com mission Company.
 The petitioners then pray that q ser vice of the petition with subpoena be served on '"The Fair" and that it may be adjudged a bankrupt The hearing is set for February sth. at 10 o'clock q. m.
 w. H. Hurter, president of The Fair was seen at his residence by an Adver- tiser representative last night. MT. Hurter said he had nothing to say in regard to the petition.
 Ray Rushton, who has been retained as counsel for The Fair" was also seen but said he had nothing to say except the petition had been served and q date set for hearing.
 appointment of receiver will be taken nm today