Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1909-11-04

On the ON udy OF OCtODtI, luc
Bailey-siffert-Garrett Company. Ltd.
of this place filed an action against
the Great Western Beet Sugar Com
pany alleging that the defendant was
indebted to the Plaintiff in the sum
OF $4733.07, and among other things
further alleged that the defendant
IS largely indebted, and has no money
nor means of raising money whereby
to pay its Indebtedness or any part
thereof for the reason that its proper
ty is largely encumbered and its LA
bilities are far in excess of the value
of-all of its property; that the prop
erty of the defendant is not being
properly operated by reason of the
zact that the defendant has no money
nor means to preserve protect and
maintain its canal system and the
property is rapidly depreciating in
value; that the defendant is hopeless
~ insolvent and unless a receiver is
appointed great and irreparable in
jury will result to its property and
the creditors of the defendant will
De deprived of having their claims
against defendant satisfied; that it
is to the best interests of all parties
ITO have a receiver appointed to take
charge of the property, ascertain its
obligations and its rights and prop
erty. preserve and maintain the same
and to manage and sell or dispose
of the same and wind up its affairs.
Plaintiff further alleges on informa-
xion and belief that defendant was in
debted over $25O.000
In its prayer for relief the pieintiff
asked that a receiver be appointed to
take cahrge of the property and as
sets of the defendant of every kind,
and keep, maintain and repair the
same and protect and preserve it;
that the receiver be authorized to as
certain all just debts of defendant
and to sell or otherwise dispose of
the property to the best interests of
al parties concerned.
An application was made to Judge
Edward A. Walters for the appoint
oent Of receiver for the Great
Western Beet Sugar Company based
upon this verified complaint. and the
admission Of the Company that it was
1nsolvent, and the Court after being
fully advised made the following or
der allowing such application. and
appointing o. e. Cannon of this city,
-as such general receiver.
1T is hereby ordered that o. E.
Cannon be and is hereby appointed
receiver in this action and he is here
by empowered and authorized as fol-
lows:
<'1 To take charge of and possess
al the property of said defendant
company, consisting of franchises.
water rights, real estate. personal
property. notes, account books. eq-
uities and other personal property,
rights and assets of every kind and
description belonging to said defend
ant.
%. Care for and protect all said
property and to make necessary re-
pair sand preserve said property from
waste and impairment.
"3. To ascertain the rights and
property of said defendant and all
gust debts and liabilities of said COM
pany and to sell and otherwise dis
pose of said property to the best in
Terest of all creditors and parties con-
ceTned under direction of this Court.
and to fully wind up and settle all the
affairs, business and property Of
every kind of said defendant.
a. To borrow such sum or sums
of money, at such times as he may
need the same, and to take such in
debtedness as shall be necessary for
the maintenance and protection Of
the property in his charge. and to
make and issue therefor, to the per-
sons of whom such money may be
borrowed and to whom such indebt-
edness may be due. but only such as
may be incurred by him, his certif-
Gates Of Indebtedness. bearing inter-
est at the rate of ten per cent. per
annum. payable not exceeding three
years after date. with power to re-