The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-03-30
CHAMPAGNE CASE
MUST REMA|N IN
BANKRUPT COURT
SO SAYS REFEREE ISAAC IN a
DECISION HANDED DOWN
YESTERDAY,
Effort of the Bankrupt to Have the
Case Thrown Out on the Ground
THAT He Was Not Resident Of
This County Failed.

Referee Max Isaac yesterday hand,
ed down his decision in the famous
Joseph Champagne case, and, as a re-
suit, the case will continue in the
bankruptcy court and the sale of the
hotel Bellevue and other St. Simon
property will occur next week as ad-
VertiSed.
1t will be remembered that Cham
pagne filed a petition attempting to
have the case thrown out CT the
court on the ground that he was a
resident of Jacksonville and not of
this county when the ,Ition for in
voluntary bankruptcy was filed. The
petition was argued last Friday and
the decision of the court has been
awaited with interest.
Referee Isaac's opinion is quite a
voluminCus one, covering every point
in the case, and deciding that the af-
fairs of Mr.. Champagne must continue
In the bankruptcy court. In part he
says in the decision:
''The facts as PRESENTED on the
hearing of the motion to dismiss are
substantially as follows: The bank
rupt, for fifteen or sixteen years prior
to the 25th of August, 1909, resided
on ST. Simons island, in Glynn county,
Georgia. For a considerable period
prior to that time he was engaged in
running a summer hotel on st. Simons
island known as the Bellevue. He
also conducted a near-beer establish
ment and a seaside pleasure device
known as shute-tAe-shute, etc. Dur
ing all of these years prior to Aug
ust 25, 1909, the bankrupt resided on
ST. Simons island. On the day men
toned he moved his family and per-
SOnal effects to Jacksonville, Fla,
where he had leased a winter hotel.
At the time he left ST. Simons he
says he had not made up [lis mind
whether he would stay in Florida for
good, but he left all of his property
in Georgia and all of his creditors
here In Jacksonville he merely held
a lease on this winter hotel, in Geor-
gia he held a valuable lease on the
hotel Bellevue, owned cottages and
other property and considerable per
sonal effects which he left in the cas-
tody and possession of Mr.. Felan, to
whom he stated that he was going to
Jacksonville temporarily tc run a win
ter hotel saying nothing to him about
moving from Georgia, but promising
to be back and take charge of the
hotel Bellevue again this summer.
"Other witnesses testified to the
same effect. that is, that Champagne
told them that he was going to Jack
sonville to conduct winter hotel in
order that during the dull season on
St Simons he could he earning money
with which to pay off his Indebtedness
and thus utilize both summer and win
ter seasons.
mo pleadings were filed on the re-
turn day of the petition for involun-
tary bankruptcy not within five days
thereafter and the cnly reason assign
ed for his failure to do so is the
statement that the bankrupt had an
agreement. or believed he had, with
Mr.. J. B. Wright, one of the petition
ing creditors, that he, Mr.. Wright
would advance sufficient money with
which to carry into effect a compost
ton of one hundred cents on the del
lar to be paid to all of Champagne's
creditors, after an adjudication had
been made and the bankrupt examined
at the first meeting of creditors. Dis
agreement arose between the bank
rupt and Mr.. Wright after the adjudi-
cation and the first meeting of credi-
tors was held or rather misunder-
standing as to the extent of the liabil-
tiles and the amount necessary to pay
them in full.
There was nothing done by the pc
titioning creditors or any of them to
prevent the bankrupt from filing in
due season any pleadings which he
2 ID the legal right to make.
"The motion to dismiss proceeds
entirely upon the idea that domlclle
or residence. or beth, is indispensa-
blv necessary to the filing of the pc
tition in bankruptcy Wlthm tnlS us
trict.
"Movant's counsel has evidently
overlooked the allegations in the pc
tition for involuntary bankruptcy that
the bankrupt has had his principal
place of doing business On the island
of St. Simons, in the southern district
of Georgia
t. y y m
Although not physically within the
confines of this district for the six