The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-05


the United States district court this
morning asking that Charles ]. Devlin
be adjudged a bankrupt
Thomas Lightfoot, John A Long, and
the Long Brothers Grocery company,
all of Kansas City Mo-, while technical
" different, and yet related in the same
business, are the petitioning creditors.
The total amount involved in the three
bills of exchange upon which suit is
brought, is $4.983.79.
Karnes, New and Krauthoff are the
attorneys. George NJ. Solan, men,
bcr of the firm was in the city this
morning to file the complaint. Asked
concerning the matter, he replied: ut
simply shows how Mr.. Devlin did busi-i
ness If he desired to pay debt, he
issned a draft, bill of exchange. or or
der, whatever you choose to call it, up
one one of his companies to the creditor
in question. In this instance the drafts
were made on the Kansas City Coal and
Coke company in which he was interest
ca. Llghuoot, Long and the Long
Brothers Grocery company are all en-
gagged together in the wholesale grocery
business, but in this article they ap-
pear as separate petitioners or as three
creditors
The far-reaching effect of the filing of
this involuntary petition is almost be-
yond comprehension. According to the
new bankruptcy law it means that all
or MI DeVl1n'S transactions of the past
four months, so far as the payment of
obligations is concerned, where prefer
cree was shown, are hereby cancelled.
1t means that the deciding of properties
to the First National bank to keen it
clear of the shoals will be annuned 1t
means that everything which Mr.. DeVlin
now possesses must be commonly pooled
and divided up among the creditors pro
rata. Yet it has also a good side for
Mr.. Devlin. 1t gives him an opportunity
to gather his forces, to collect his as
sets, ana fasten up all the loose cor
ners- He will have 20 days according to
the national bankruptcy law to make
an answer-which will not enforce
therefore a reply until July %. 1t does
not mean either that this proceeding
will have precedence over others which
may follow but all that come will be
commonly considered. This mornings s
petition viii have effect in every state
in the Union where Mr.. Devlin has in
terests, and it will stop all attachments
and all preferred payments if any
should be in contemplation. It means
that the 500 900 worth of property which
Clifford Histed on Monday announced
as having been turned over to help out
the First National bank will have to
become part of a common fund, in
which all creditors are entitled to an
equal share.
The petition itself is short and details
the fact that Mr.. Dcvlin at four diff
ferent times gave orders upon the Kan
sas City Coal and Coke company for
money which he owed to Lightfoot and
the Long Grocery company. Tt follows
in full:
The petition of Thomas Lightfoot,
John A. Long and Long Brothers Gro
cery company, a Missouri corporation,
all of Kansas City, No, respectfully
shows:
Charles ]. Devlin of Topeka, Kan.
has for the greater portion of six
months. next preceding the date of fl
ing this petition, had his principal place
of business, resided and had his domi-
cile at Topeka in the county of Shaw
nee, state of Kansas, and for the period
mentioned was not and is not now a
wage Garner nor a person engaged chief
Iy in farming or the tillage of the soil.
And he owes debts in excess of 81, 900.
Your petitioners are creditors of c. J.
Bevlin having provable claims amount
ing in the aggregate in excess of securi-
ties held by them to the sum of $500:
that the nature and amount of your pc
titioners' claims are as follows: Or
May %. 1905, Charles J. Devlin issued
three bills of exchange commonly called
drafts, and on June 7. 1905, he issued
one bill of exchange commonly called q
draft. by each of which he directed ani
requested the Kansas City Coal an6
Coke company to pay to the order oi
Long Brothers' Grocery company the
following SUNS of money: BY the first
bill of exchange, dated May %. 1905 tn,
sum of s7S0.77, thirty days after date;