The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-01-25
F. |. CARHART
MADE RECEIVER
Marion Preserving Co.
thrown into Receiver s hands
ROOT GLASS co. SUES
Claims Local Company Un-
abe to Pay Debts.
Seeks to Have Motion
Set Aside j. L. Powell Files Re-
ply Common Pleas Court Notes.

Upon application OF the Root Glass
company, the Marion Preserving COM
pany located on North Grand avenue,
was thrown into the hands of a re-
ceiyer Saturday evening.
The petition was filed in the COM
mon pleas court la;e Saturday after
noon through attorneys Jacoby and
Don,tben. The plaintiff set forth in
its petition that on January 23rd
1909, it recovered judgment from the
defendant in the common pleas court
for tho sum of $500. 81 and declares
that that Judgment has not been paid.
The plaintiff further says that the
| defendant IS insoNent and has
large amount OF Indebtedness which
It Is unable to pay. The plaintiff
prayed that a receiver be appointed
and that the proceeds Of the plant be
| given to the creditors.
The answer Of the Marion Pre-
| serving company was later fled
through the same attorneys, acknCwl-
plaintiffs petition
BY the consent OF both parties con-
cerned the court appointed Attorney
Fred l.. Carhart as receiver and
vested In him power to settle up and
close cat the business and later re-
port TO the common pleas court. Car.
hlrts bond was fixed at $1,000 which
he furnished. Messrs. Frank McKin-
MSS, B. +. NAPLES and j. w. Van
meter were appointed appraisers and
Instructed TO act Immediately.
The Marion Preserving company
HAS been short lived corporation.
For awhile the firm was quite pros
Gcrcus and the future looked bright
and prosperous. Then came the
ldnan~ia' depression and the failure
l'cf fruit crcDs in this territory and
Ithese two factors we're largely re-
sponsible fer the fal'Ire. The pro-
ducts 60 the firm were handled by
Iprac'ically al local groceries. After
the failure in fruit crops, It became
hard for the local firm to compete
kwitlr The laTg7 canning firms and
'eoon the business was operated at
loss.
Under the managershlp of Receiver
tarhat the firm may be re-instated,
hut its present financial circum-
stances are such that It can never
be made a success without stronger
financial backing.
In the case OF Cornelius Breen
| against Jchn Patterson and others,
the defendant fled motion in the
common pleas court Saturday through
1is attorney, w. T. Devor, of Ash
land, Ohio. The defendant brings a
moticn 70 SCI aside Ihe summons
served upon H'm ftr reason that
Marion county courts have no juris-
d!clon over him.
The plaintiffs reply TO the answer
and cross petition OF the defendant
IN the case cf Jeremiah J.. Powell
against Blanch McClain and others,
was fled through attorney w. n.
Harder IN the common pleas court
Saturday. The plaintiff denies all
allegations in the cross petition.
In the case Of the Marion National
Bank company against the Imple-
ment Manufacturing company, upon
motion Of the plaintiff, the defendant
Is found TO be lnsolvent and service
by publication was ordered in the
common pleas court Saturday. The
object OF the suit is the assessment
OF stockholders in the Implement
manufacturing company.
Ihe divorce suit OF Catharine
Court aglint Alex C. Count. which
Nas been pending in the common
pleas Holit gcr several months, was
given hea.lrlJ before Judge b q
Young Monday afternoon.
There were many. pecuiar compu.
cations in the cass, The defendant
was divorced through Mllhiyan
court ami had been married again
previous to the time of the filing OF
the divorce petition. The plaintiff
declared Islt she received no sum-
none or notice of the divorce and
affairs developed to point where
bigamy charges wee threatened.
In the comon pleas court Judge
Ycnng ignored the scision whbh
was alleged to have been made
ohroVh the Michigan courts and
GRANTED the p'aintiff divorce as
prayed for in her petition. The
question of allmony was amlcably
settled between the parties concern
ell.
Humane officer Wesley Ulsh was
appointed trustee in the cases OF
Ellsworth Lewis aud Charles Clark .