Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-07-13
new FEATURE
In Bankruptcy Case OF
Roscoe {. Penney.
Creditors File Motion for Bank
rupt to Pay Over Money.
Also Ask for Commission to Take
Certain Dispositions.

,,our feature has been developed IN
tho Roscoe f. Penney bankruptcy case
hv the filing by certain creditors in the
case Mt the office of the referee IN
bankruptcy for kennebec county, of Il
motion for the bankrupt to pay over
money. The text of the petition is as
follows:
IN THE DISTRICT COURT OF THE,
UNITED STATES.
For the District Of Maine.
In the matter Of
Roscoe z. Penney in Bankruptcy.
No 1895.
Bankrupt.
To Fremont ]. c. Little, Esq, Referee
in Bankruptcy:
Your petitioners respectfully show:
That they are creditors of the above
named bankrupt.
That On the twenty-fourth day of
May, A. D.. 1907, the debts due them
from said bankrupt We're duly proved
and allowed against his estate in bank
ruptcy as follows: In favor Of the
Granite National Bank of Augusta for
the sum of five thousand four hundred
and twelve dollars and fifty cents, and
in favor of the Augusta Trust Com
pany for the sum Of one Thousand and
ffty-One dollars and thirty-seven
cents.
That on the fourth day of May, A.
D., 1907, the said Roscoe f. Penney
was duly adjudicated bankrupt on
his own petition filed in said court on
the first day of said May.
That in the schedule nf bic nrnncrfy
filed by said bankrupt in said court
with his said petition as required by
law, he stated the amount of his cash
on hand to be ten dollars and fifteen
cents and the amount of his deposits
in banking institutions and elsewhere
To be forty-six dollars and two cents.
That in addition to the aforesaid
sums of cash on hand and on deposit
in banking institutions and elsewhere
and in addition to and over and above
all the property, estate and assets spec
flied and set forth by said bankrupt
in his said schedule, the said Roscoe r.
Penney at the time of the filing of his
said petition on the first day of May,
A. d.. 1907, had and still has in his
possession and under his control other
money of his own, to a large amount,
to wit, six thousand nine hundred and
eighty dollars of the lawful money of
the United States, which, on the said
first day of May was and still is part
of his assets and estate in bankruptcy
subject to the jurisdiction, orders and
DEGREES of this honorable court, and as
such should have been included and
set forth i'm his said schedule, and
nlIpht tn have hnnn 1n1iynraI Il
| over by him to Frank G.. Fari ington
the duly appointed and qualified trus-
tee in bankruptcy of his said bank
rupt estate, to be administered and dis
! trihuted in accordance with the acts OF
| Congress relating to bankruptcy and
| the orders and DEGREES of this honora
bic court
| That the said Roscoe f. Penney has
never paid or delivered said last men,
TONED sum of money or any part there
of to said trustee. but neglccts and re-
fuses so to do. and has concealed saiL
last mentioned money 50 that sal,
trustee has been and still is unable t.
| obtain possession thereof or to aScer
tain where the same is kept or depos-
tied. although said trustee is lawful,
entitled to the same for the nurnost
of administration and distribution a.
IaforeSaid.
Wherefore your petitioners pra,
that sail Roscoe f. Penney be ordered
forthwith to deliver and pay over t.
said trustee the aforesaid sum of 81,
thousand. nine hundred and eight,
dollars over. above and additional t,
all the property and estate set forth i,
his said schedule which has not bee,
set out to him as exempt
Dated this eleventh day Of July, A
D.. 1907.
The above petition was accompanies,
by another praying for the appoint
mcnt of a commission to take the depo
IStlon of certain witnesses in Boston
The latter petition is to support tn
other. which asks for the payment O
money to the trustee