The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1913-03-14

general creditor and the sum OF
slo,41S.sS was allowed by the receiv,
| ed.
l.. c. Penn allowance for checks
paid by him sustained and paid in
full. fl'H 4
Pittsburgh Plate Glass Co. Claim
sustained.
O. Shrimer. Barnard, Son 4 Co.,
Standard FSshion Co., Butterick Co.
Motion asking for the payment Of
merchandise claims overruled by the
referee, holding these were claims
claims against the receiver, Walters.
Standard Sewing Machine Co.,
Krsll Piano Co.. Davenport.T Tracey
Piano Co., Newman Bros, Farrand or.
gan Co., The A. B. Smith Piano Co.,
filed motions asking that their claims
be allowed because the proceeds
from the sale Of their goods were
put into the business by l.. G. Penn
and the business was thus increased
and as result the claims were valid
ones against the receiver, Walters. In
regard to this II Is found by the ref.
cree that at the time Walters assum-
ed the receivership Of the firm that
the assets amounted to '$lt2445.2s. II
Is shown by the statements of Wal.
ters that the old liability was S32, ,9O3..
IA, while the receiver claims that he
paid to the present receiver the sum
Of $33,966.32. This makes q total of
$66,s6S.46 accounted for, but deduct.
ing this from the $112,445.2S, II shows
shrInkage Of 3l5,576.S2, SO that no
money went into the business and
therefore the claim of the above Arms
are rejected by the referee.
The claim of Arthur Smith, as stem.
ographer. is sustained in part.
The claim of Ned Tiger for salary is
sustained in part.
The referee directed r. M. Greer,
as receiver of defuhct F. & M. bank
to collect on collateral in his hands.
holding that he is entitled to the
same.
In the matter of the attorney fees,
the referee cuts down the bills pre-.
sented to great degree. l.. b. Houck
presented claim for $3.50, F. v. Owen
for $3.50 and William M. Rooms for
$500. The referee finds that the re-
cetver should not impose upon the
general creditors a number of attor-
ney fees, but that one attorney might
be entitled to reasonable allowance.
The referee holds that $500 is SUN.
Client attorney fees and that 1t be di.
vidcd as follows: To Houck $3.50,
to Owen $50, and to Rooms 5000.
John Hawn and r. H.. Hammons
each presented q claim In the sum OF
si.7oo based on promissory notes. The
TsSAEoe .h!Qld that ~ pQtss .xars- mt.
made to Walters AZ receiver, but to
Penn direct and that the said Penn
used the money in purchasing claims
in favor Of Sarah Penn. The claims
are therefore rejected, the referee
holding the claims are against Penn
ana not the receiver.
The Peoples Savings Bank of Mt.
Gilead held notes. one in the sum OF
S1,70O and the other in the sum of
S4,026. The referee holds that the
answer and cross petition of l.. c.
Penn and william M. Koons In refer
ence to the $1,700, is null and void
for the reason that the referee be.
lleves that he has no jurisdiction to
pass on the validity OF the note. The
referee therefore holds that these are
valid claims against the receiver. Wal.
ters.
The claim Of John Stonebrook for
taxes was sustained in part and over.
ruled In part.
E. c. Penn presented claim for
rents and profits In the Mt. Gilead
The referee holds that
there is due the said E. c. Penn the
sum Of $458.11 out of the rents and
profits before the appointment of the
receiver. Since the appointment OF
the receiver the referee says 1t Is not
clear who held out" the rents and
profits and for that reason these
claims since the receivership are ov.
erruled.
The claim of William NJ Koons for
ia, $3.50 and $40 were overruled by
the referee.
In reference to collateral notes held
by the creditors Of l.. C. Penn, the
referee directs that the present re-
ceiver, George Sharp. pay over to the
creditors at his Office In Mt. Vernon,