Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-23
FIRMS LAWYER
ALSOITS TRUSTEE
Novel Proposition Accepted in
Proceedings Against Bank
rupt Company.

Despite the fact that his hrm Is
counsel for the bankrupt, George w.
G McCarter. of McCarter & English,
today was appointed trustee for the
bankrupt Atlantic Vehicle Company,
of Orator street.
When Mr.. McCarter's name was
first mentioned for the trusteesnlp,
Peferee Edwin G. Adams looked up
o11icklv at Frederick w. STEELE, OF
New York, who made the nomination.
aWhy. his firm is attorney for the
bankrupt, is it not?' asked tne
s.Well, yes" Attorney STEELE re-
piled, Il suppose 1t Is. 1t nleo the
schedules for the bankrupt. put ina
was all. Someone had to me the
schedules, and McCarter d Ehgiish
were asked to look after II, .,
.; never heard of the company,
said Mr.. McCarter, the nominee,
when the referee looked to him Tor
an exclamation, until our firm was
aslxed to file schedules. We were not
their counsel but we did file thelr
schedules. I know more abou the
hanlxrupt's business than any other
member of the firm, and so was as
signed to look after it. ol
WELL This is certainly a ho ,.tt
nav place the trustee in a position
where he is obliged to examine ms
own client. 1t seems to me as
Though the intention of the act
would be violated IL the bankrupt, )
attorney were elected trustee. Ordl-
narily it would preclude election as
Nathan Bilder, of Bilder & Bilder,
then nominated Curtis X. Burnet.,
and the contest was on. Inc result
of the vote showed that twelve credl-
4ors. with claims aggregating $78,OlI,
were in favor of McCarter, ana
fwenty-one creditors, with claims
fa,aling Sc, 1854, voted for Burnett.
peferee Adams declared there had
Ifen no election. Then Attorney
Biider explained his view OF IN STU
alton. .. ,,oo.,,so 7
II nominated Mr.. Burnett, because
think the liability of the stocknolueI,s
in this company should be investl-
gated he declared. They've filed
Some large claims against the con-
Germ and I think it should be deter
mined whether or not they can De
held liable on the stock they nolu.
Then. too. a large number or THESE
accounts have been assigned. THINK
that the validity of these accounts
should be investigated"
Upward of $4,000 worth OF the
claims which were voted Tor McCaT-
ter were submitted by alleged stock
holders in the persons OF Wlil1an
Irarl Dodge, alleged stockholder;
Harold s. Vanderbilt and Ralph
sanger. admitted stockholders. Tne
latter two have claims amounting TO
s47. 900. Mr.. Sanger is brother-in-
law of A. Perry Osborn, of New YORK,
who. with Henry L. DAWSON, OF Or
ange, was receiver.
aI'm sure Mr.. McCarter will make
a competent trustee and make all the
necessary Investigations" declared
Mr.. Osborn. mi,
mo doubt he WILL" said Mr. Bill
der, 'but you forget that some OF
these Investigations may be such
that YOUR brother-in-law will not de-
sire them, Mr.. Osborn, and yet they
will all be benefit to the creditors
In general. This contest has d.
vided itself into a condition where
the stockholders might get control OF
the situation as against the general
creditor body"
ar I am elected l will fulfill the
duties of the office" said Mr.. NC
Garter, "and will not tolerate any
stockholder trying to get away with
anything"
III you gentlefleh uoh
gether I will have to appoint q third
party" said Referee Adams. IL was
then that Attorney Bilder ana the
nthers adjourned to talk 1t over.
when they returned Mr.. Bilder an
hounced that he was willing to With
draw Mr.. Burnett's name from the
election, saying that Judge McCar-
Ter had agreed to permit the attorney
for ono of Bilder's clients to make
investigation at the expense OF the
estate within limits set by the ref
cree. 4,;..
The creditors then waived their
right to elect the trustee and Re1-
cree Adams appointed Mr. McCarter'