The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1914-11-27
Judge Dyer ia Reversing Ross
Says Referees Rulings
Are Worthless.
OPINION NOT WORTH
NOTICING, HE SAYS
st. Louis Jurist Points Out Blum.
ders in Ruling Fayoring
Stubblefield,

recting the First National Bank to
turn over $4,000 in stock to w. H.
Stubblefeld, trustee of the D. A.
Glenn, threw the harpoon into Uncle
Sans custodian Of the office of
Referee. in Bankruptcy.
The chief point of Judge Dyer's
opinion was to uphold the banks con-
tention that as the stock did not be-
long to Mr.. Glenn it could not be
claimed by the trustee of Mr.. Glenn's
estate. This opinion caused no sur
prise, but Judge Dyer's comment upon
the case as tried in the Cape, is in
teresting. His opinion in full follows:
In this case two orders made by the
Referee in Bankruptcy have been
brought before the court by petitions
for review. As both of the questions
presented for consideration arise out
of the same general transaction, they
may be appropriately discussed, to-
gether. One of the orders complained
of was made by the Referee on Sep
TENDER 90, 1914, and directed George
S. Summers, Cashier of the First Ma
tional Bank of Cape Girardeau, Mis-
souri,, to deliver over to w. H. Stubble-
field, Jr., trustee of the bankrupt es-
tate, forty shares of the capital stock
OF the First National Bank of Cape
Girardeau, Missouri, and further di-
rected that said George S. Summers
and the First National Bank, of Cape
Girardeau, pay the costs of the pro-
ceedings in which the order was made
The facts as certified BY the
Referee, make it clear that the
Referee has no jurisdiction to make
the order here in question. The pro-
eeeding which resulted in this order
was initiated by the trustee who filed
a petition before the Referee alleging
that the bankrupt, in March, 1914,
within four months before the filing
of the petition in bankruptcy, and
while insolvent.
"did transfer and deliver to the
First National Bank of Cape Cir
ardeau, Missouri, with the intent
and purpose of removing and di-
verting the following described
assets belonging to said estate,
thereby giving a preference to
said bank over and above other.
creditors of equal merit, to-wit:
zone hundred and twenty one
OLD shares of the stock of the
First National Bank, of Cape
Girardeau, each of the par value
of $4,000 aggregating $12,100.00.
"Also, fifteen thousand (15,000)
dollars cash paid to the First Ma
tional Bank, of Cape Girardeau,
Missouri, by said David A. Glenn,
bankrupt, and within four months
of the date of filing his petition in
bankruptcy, namely, June II,
1914. Also all salvage on notes
charged off in said bank since
March 5, 1914, in proportion to
the stock held by D. A. Glenn.
"All of which assets l have
cause to believe are the property
and assets of the creditors of said
Il
bankrupt estate"
The petition further alleged that the
petitioner had made written demand
on the bank for the delivery to the
petitioner of the property mentioned,
which demand the bank had failed to
comply with, and prayed that the
Referee makr an order citing William
B. Schaefer, the president, and George
S. Summers, the cashier, of said bank,
to appear before the Referee ito
show cause why they refuse to de-
liver said assets - to the trustee OF
the bankrupt estate"
Upon the filing of said petition the
Referee in Bankruptcy made an order
directing William B. Schaefer, presi-
dent, and George S, Summers, cashier
of the First National Bank of Cape
Girardeau, Missouri, to be and appear
before him on day named "then and
there to show cause, if any they have
why they, as officers of said National
Bank, withhold and refuse to deliver to
the duly qualified trustee assets as
serted to be property of said bank
rupt estate" ,fa
The respondents, William B. Schaef-
er, and George S. Summers, appear
ing for the sole purpose of making
their return to the order to show
cause, filed their return with the
Referee, and in such return set up,
appeared from the allegations Of the
among other defenses: ID That in