Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-02
penney CASE.
Referee In Bankruptcy Lit
tie Announces Decision
Ordering Bankrupt to Pay Over
$3.50 Within IS Days.
Case Without Parallel In Kennebec
Co. Bankruptcy Matters.

Consequent to the hearing in the
Roscoe E. Penney bankruptcy case
which was held before the referee in
for Kennebec county at
the court house Tuesday, July 80. on
he-motiOn of certain creditors order
ing the bankrupt to pay TO the trustee
of his estate the sum of $69S0, 4 deci-
sion was rendered by Referee Little
yesterday afternoon in which he order
ed the bankrupt to pay over to the
trustee within Is days of the service
of the order the amount above stated.
The order was served on Mr.. Penney
by the trustee. Frank G. Darlington,
at the meeting. a."
This is said to be the first Instance
of the kind i'm the history Of proceed
ing.S in Kennebec county, and ths case
has attracted widespread Attention
The text of the order is as follows:
At a court of bankruptcy held in and
for the district of Maine at Augusta
this first day of August, 1907.
Present: Fremont j. c. Little, Esq
referee.
In the matter of
As'SNot NiiiitS, III upiSS
Bankrupt
Application having been made by
the petition of the Granite National
Bank of Augusta and the Augusta
Trust Co., creditors of the above nam
ed bankrupt dated the eleventh day of
July, a. d., 1907, in substance praying
that said bankrupt be ordered forth
with to deliver and pay over to the
trustee of said estate in bankruptcy
the sum of six thousand nine hundred
and eighty dollars, over, above ana adj
ditional to all the property and estate
set forth in said bankrupt's schedule
filed with his voluntary petition in
bankruptcy which has not been set
out to him as exempt.
After due notice thereof to said
bankrupt, and after hearing on said
petition, at which hearing the said
bankrupt appeared in person and was
represented by counsel, and after heal =
ing and considering all the evidence
offered by said petitions and said
bankrupt and arguments by counsel,
the evidence shows, and / SO find, that
on the first day of May, 1907, when the
said bankrupt filed in said court of
bankruptcy his said voluntary petition
in bankruptcy and the schedule of his
property required by law, Roscoe +.
Penney, the said bankrupt. had in his
possession and under his control mon
cy of his own to the amount and III
the sum of six thousand nine hundred
and eighty dollars in the lawful money
of the United States over, above and
in addition to all the property, estate
and assets specified and set forth in
his said schedule. and that he still has
said money in his possession and I'M
der his control, Notwithstanding the
said bankrupt's assertion that he lost
said money in Boston on the afternoon
of the twcnty-sevcnth day of April,
1907; that said bankrupt did not lose
said money or any part thereof. nor
was the same stolen from him; that
said entire sum of money on the said
first day of May was and still is part
of said bankrupt's assets and estate
In bankruptcy subject to the jurisdic
ton and lawful orders and DEGREES of
this court, and as such should have
been included and set forth in his said
schedule. and ought to have been de-
livered and paid over by said bankrupt
to Frank G. Farrington the duly ap-
pointed qualified and acting trustee in
bankruptcy of said bankrupt estate
to be administered in accordance with
the acts of Congress relating to bank
ruptcy and the lawful orders and de-
crees Of this court; that said bank
rupt has fraudulently concealed said
six thousand nine hundred ana eighty
Of i
has not been able and is still unable
to obtain possession thereof, and that
said bankrupt wrongfully neglects to
deliver and pay over the same to said
trustee. and that said Frank G. Far
rlngton in his said capacity Of trustee,
now is, and ever since his appoint
ment and qualification as such trustee
on the twcnty-ffth day of May, 1907,
has been lawfully entitled to the pos
session of aid money for the purpose
OF administering the same as aforesaid.
Therefore. 1t is ordered
That Roscoe f. Penney, the above
named bankrupt. pay over and deliver
to Frank G. Harrington, trustee of the
estate of said bankrupt in bankruptcy,
within fifteen days from the service of
d c'ps vi 'hiS oIueT upon sad roscoe
f.. Penney. the sum of six thousand
nine hundred and eighty dollars in
lawful money of the United States and
that said Frank G.. Harrington forth
with serve this order upon said Roscoe
f. Penney by giving him in hand a
copy thereof and of the foregoing find
ing of facts. and that said Frank G..
harrington make return under oath to
me of his service thereof.
FREMONT j. c. LITTLE.
Referee in Rankruptcy