Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-18
SUE TO RECOVER
BANKRUPT'S LAND
Action Follows Failure of Fiske
q Peck and Transfer of
Real Estate.

A suit to secure an accounting Of
the transactions between a bankrupt
and his W fe, prior to the bankruptcy
and to have the property held by the
wife reverted to the bankrupt estate
was started today in Chancery Court
before Vice-Chancellor Howell.
The insolvent firm involved Is Fiskt
g. Peck. who formerly conducted 6
real estate and building contracting
business at 999 South Orange avenue
from 1906 to 1912. The voluntary
petition in bankruptcy was filed bS
the firm on January 81, 1912. The
scheduled liabilities are $31,130, and
the assets $S,367. OF the claims filed
more than $4,000 are unsecured.
Alexander M. Fiske and Carlton c.
w. Peck, the bankrupts, made part.
nership agreement on March 2. 1907
A short time later Fiske sailed fol-
Europe with his wife, leaving Peck
as trustee of the property held In Mrs
Fiske's name
In the present action John Treva-
men, as trustee for the bankrupt es.
tate, is seeking to have set aside the
conveyanceS of the sixteen tracts
held in this city and East Orange by
Mrs. Fiske. 1t is alleged that these
properties rightfully belong to the
creditors of the bankrupts.
Hugh B. Reed, attorney for the
trustee, examined both bankrupts to.
day. Peck insisted that he did moi
know anything of the bookkeeping
methods of the firm, as he took charge
of the mechanical end. He declared
that Fiske attended to the books
with the assistance of Miss Mum. g
bookkeeper. The latter has gone
West, test fled Peck
F'iske followed his partner on the
| stand and identified the books Of
fered In evidence. He declared thai
partners were the usual method o.
describing cash drawn by them, al
though neither of them were working
on a salary basis. Other entries. h
| declared. he was not familiar will
as they were made while he wa,
| travelling in Europe.
Mss E. Irene Thompson, stenog
rapher of the Bankruptcy Court, wa
also a witness She testified that GER
tain testimony read in court TO-DAY
was made by Peck during hearing
before Referee Edwin G.. Adams IL
Bankruptcy Court.
The answer of the bankrupts to thu
present suit denies that the propert,
Il
the property of the bankrupt estate
Charles G. Pi rim, attorney for tn,
defendants, brought out that Mrs
Fiske received a legacy of aboHt $40,
900 from her father, the late Thorn u
S. Ryder, who died in New York IL
1875.
| Mrs. Fiske was placed on the stant
] for the defense and recited the detail
| of her fathers will and the subse
| ouent PROBATE and disposition of tbs
! estate to the heirs she declared tina
| she had loaned money to the firm o
! Fiske & Peck at various times an:
| that these loans aggregated abou
| So, 900
| 1t was stated that the local tract
turned over to Mrs. Fiske as her per
sonal property by the now defunc
| firm was in payment of these loan
made by her. Mrs. Fiske has filed ,
| the trustee and asks the court to di
rect Trustee Trevanan to reconvey Il
\ her certain parcels of land which h,
now holds as part of the bankrup
| estate and which rightly belong u
| her.
The sixteen tracts involved in tn
action by the trustee and which h,
| would have sold for the benefit OF tn,
| creditors are as follows:
In East Orange-50S. 461, 102, 522 AMI
525 Norwood street; 1876 and GIL Soutl
Clinton street.
In Newark-31, SO and II Larnarl
/ avenue: 800. 3o5 and 800 Sanford ave
nue., 426 Bank street. 76 Brookdaie ave
nue. and Abbotsford avenue.