Connecticut western news. [volume] (Salisbury, Litchfield Co., Conn.) 1871-1970, 1918-05-02

Eugene A. Benjamin Superior Court,
vs.. Litchfield County
Ralph T Farnum April 27th, 1918.
IN REPUBLICATION TO THE
HONORABLE DONALD T. WAR.
NER, A JUDGE OF THE SUPERB
Or COURT.
ORDER APPOINTING TEMPOR-
AIRY RECEIVER.
The application of the plaintiff in
the above entitled action, Brought to
the Superior Court in and for Litchfield
County on the first Tuesday of May
A. D. 1918, which application is dated
the 18th day of April, 1918 having
been presented to the undersigned, ali
order for hearing thereon before me at
my office in Salisbury within said
Litchfield County on the 18th day OF
April A. d. 1918. at nine o'clock in
the forenoon, having bean issued and
return having been made on the ser
vice of said order as directed therein
when both parties appeared, and thence
by continuance to April 90, 1918,
when the plaintiff and J. Clinton
Roraback, his attorney, and the de
feudant and l.. J. Nickerson, his attor.
ney, appeared and the defendant filed
his answer and cross-application, as
ON file, and the parties were then
heard.
The plaintiff orally objected to the
filing of said cross .application and TO
certain parts of said answer and the
matter was thence continued to April
22nd, 1918 at North Canaan when the
plaintiff filed his motion to strike out
the defendants cross application and
certain paragraphs of said answer, the
matter was again continued to this
date.
In view of the admissions and claims
of both parties and their counsel in the
hearing before me that the co-partner
ship described in the Plaintiffs appii-
cation was dissolved and that the cir
cumstances of the case required the
appointment of temporary receiver,
it becomes unnecessary TO formally
rule upon the said motion.
TT IS FOUND-Thats said order was
duly served as appears from the re-
turn thereon; that the applicant has
brought an action to the superior
Court for Litchfield County returnable
on the first Tuesday of Msy, 1918, Tor
dissolution of said copartnership and
the appointment of receiver TO Wild
ND it's affairs; that said court is not
now in session. 1t was admitted by all
the parties and their counsel, and is
found, that the copartnership of r. Z.
I O. ~ Of 1r,h
Farnum and Eugene A. Benjamin has
been dissolved and that the circum-
stances Of the case require that tenn
porary receiver ought to be appointed.
NOW THEREFORE, IT is ORDERED,
| "a That William ]. Reel of North
Canaan, Conn, be and he hereby is
appointed receiver of IL Q said copart-
nership existing between the plaintl If
Eugene A. Benjamin and the defen-
dant kalph I. Farnum.
(2) That said appointment shall
not take effect until said William
Reel shall have filed with the under.
signed a bond in proper form with good
aud sufficient surety in the sum of five
Thousand ($5, 000.) dollars conditioned
ON the faithful performance of his
duties under said appointment. and in
the event that he shall at any time or
times hereafter be confir med or ap-
pointed in said action as temporary or
permanent receiver, his faithful per-
formance of his duties as such receiver,
and said bond shall have been approved
by the undersigned.
go That said " lillian j. Reel shall
Immediately upon the taking effect OF
his said appointment, proceed TO take
possession of all the books, papers evil
dences of debt and property of ssIH CO.
partnership, to collect all moneys ow-
ing to 1t and to take all lawful steps
within his power to secure and preserve
it's assets. ~. -
az That said receiver continue to
carry on in such manner as he may
deem judicious the business now CON
|, Quoted by sand copartnership until
otherwise ordered. but not longer than
May 10, 1918 and to that end he is
authorized to make such con racts,
purchases and disbursements as maS
, be necessary.
(5) And that hearing upon the
, |, confirmation Of said appointment ami
, , for the appointment of two appraisers
: be had before the Superior Court in the
Superior Court room at litchtield,
Conn. May 10, 1918. at &c o'cl ok in
the forenoon and that said temporary
receiver give notice of his appointment
and of said hearing to all parties in
: interest by publishing a copy of this
order in che Connecticut Western
!. News once. and by mailing q like copy
' thereof, postage prepaid, to each OF
said copartners and to each known
> creditor &C their best obtainable adj
dresses, on or before the 2nd day OF
May, 1918.
Date at Salisbury, this 27th day OF
April, 1913.
Donald r. Warmer