The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-03-11
FIRST CASE
UNDER NEW LAW
Buckeridge Pump Company
Now in u. S: Court.
RECEIVER is APPOINTED
And Matter Taken Away From
State Courts.

Judge Hook in the United States district
court yesterday appointed o. 3. Stocker
receiver of the Buckridge Pump company
of this city. 1t will be remembered that
last January Frank Fitzpatrick applied
TO Judge Dale of the Sedgwick county
district court for a receiver. The vice
president of the company announced to
the court that the company was insolvent
and Mr.. Stocker was appointed receiver.
The Mark Manufacturing company Of
Chicago had claim of something over
two thousand dollars for materials fur
nished the company. After the receiver
was appointed Amidon & Conley, as at
torneys for the Chicago firm, asked leave
TO sue the Buckridge company for the
amount of the claim. Leave was granted
and a suit was filed in the United States
district court
Mr. Amidon was called down by the at
torneys for the pump company and Judge
Dale, as they said it was not their jnten-
ton 10 have a suit brought in d United
states court but in the district court of
this county.
The company being a nonresident of
Sedgwick county, and the claim being
over two thousand dollars the attorneys
HAD a right TO file the suit in the United
States court provided permission was
given them to sue the insolvent company
by the court which had appointed the re-
ceiVer.
On February 9Th congress passed a
law saying that whenever company con-
fesses insolvency IN a state court the
United States district court must take
Jurisdiction and look after the case. The
new law makes it compulsory on a United
States district Judge to take the case and
appoint receiver in bankruptcy if the
company has acknowledged Insolvency
before a state court. This section is a
part of the new bankruptcy law which
passed congress last month and this case
is the first to be tried under the new law
In the country.
Under the old law which was in force at
the time of the application for a receiver
was made in the district court Judge Dale
had ample jurisdiction III the matter but
now whenever a company confesses in
solvency the jurisdiction of a state court
ends and the United States court must
take hold of it.
When the application for a receiver was
made there was no intention on the part
of the applicants to get into the United
States court. Judge Dale could settle the
matter and the affairs of the company
would be wound up to the satisfaction of
ali concerned.
Yesterday some little CONSERVATION was
caused in the United States court when
tire case was called and the announce
nent made that Judge Hook would take
Jurisdiction. The attorneys for the Buck
ridge Pump company had fine time try
ing TO explain why the vice president of
the company had confessed insolvency
and trying to keep the case out of the
United States court. The evidence was
on hand. however. from the district court
of this county and Judge Hook said that
he had nothing to do with the case except
take it out of the hands Of the state court.
AS Mr.. Stocker was agreeable to both
parties as "A receiver the judge again ap-
pointed him. Mr.. Stocker has thus chang
ed his allegiance from one court to an
other. The case was the subject of much
earnest conversation among the attorneys
of the city yesterday. None had thought
very much about the law passed by con-
gress until the case came up.
Yesterday Judge Hook dismissed the
case of the National Bank of Commerce
of Kansas City against the Bank of Lakin
for want of prosecution. The case has
been on the docket some time. It was a
suit on collection.
A jury was impaneled and the witnesses
examined in the case of Stephen l. Conner
against the Phoenix Insurance company
of Brooklyn, y. Y. Mr.. Conner had a
stock of goods at Latham insured in the
company and the entire stock burned.
The company refused to pay the insur-
ance The attorneys will cOmnlete their