HITCHCOCK MFG. CO. RECEIVERS SET ASIDE

Cortland Semi-Weekly Standard, Friday, February 7, 1896.

RECEIVERS SET ASIDE.

HALT IN AFFAIRS OF THE HITCHCOCK MFG. CO.

Judge Forbes Did not Have Jurisdiction to Appoint Them—Sheriff in Possession.

(From the Daily Standard of Thursday.)

   A sudden change in the affairs of the Hitchcock Manufacturing Co. came about this morning when a decision was received from the appellate division of the supreme court at Albany setting aside the receivers of that company which were appointed last summer.

   On July 13, 1895, the directors of the Hitchcock Mfg, Co. presented a petition before Judge Forbes at Canastota asking for the voluntary dissolution of the company. Judge Forbes granted two orders: first, an order to show cause why the corporation should not be dissolved. This was returnable on Dec. 10. The second order was one in which C. B. Hitchcock and James Devine were appointed temporary receivers and the creditors were restrained, This had the force of an injunction.

   Prior to the institution of these proceedings Dougherty & Miller of Cortland had brought an action against the company in behalf of the Second National bank of Cortland, the German American bank of Buffalo, Dusenberry & Bond of New York, and Martin & Call of Cortland. The claims covered in this action aggregated nearly $20,000.

   On November 9 Dougherty & Miller made a motion before Judge Forbes on behalf of those conditions to vacate and set aside the injunction order and the order appointing the receivers on the ground that the petition was insufficient to confer jurisdiction to the court to [warrant] the order. Judge Forbes denied this motion, but granted permission to enter judgments, and the judgments were entered on Dec. 17, 1895. An appeal was then taken from the order denying the motion to the appellate division of the supreme court, and this is the decision just handed down which reverses the order of Judge Forbes and vacates and sets aside the injunction order and the order appointing the receivers. This decision came this morning about 9 o’clock. Executions were promptly issued on those judgments and were placed in the hands of the sheriff who before 10 o’clock had taken possession of both the Elm-st. factories and the foundry and machine shop on Port Watson-st.

   The attorney for the receivers has been J. William Wilson of Syracuse.

   It is impossible yet to tell just what will be the next move in the proceedings. The personal property in these plants will be advertised for sale in a few days if an injunction is not served upon Dougherty & Miller to prevent this. If this is done they will take steps to have the injunction vacated. Meanwhile the executions which have been served and upon which factories have been closed will hold the inside track.

ARLINGTON HOTEL

Badly Damages by Fire at 2 O’clock Wednesday Afternoon.

   At about 2 o’clock Wednesday afternoon fire broke out in the cellar of the Arlington hotel on Railway-ave. owned by M. H. Ray. George Torry pulled fire alarm box 142 at the corner of Main and Union-sts. and the department assembled promptly, but an error was made in reading the box and it was thought to be near the D., L. & W. station and all the department set out in that direction. It was not until they had gone far on the wrong track that the error was discovered and they began to retrace their steps.

   Meanwhile the men at the big Wickwire wire mills across the street poured out in a mass with their two hose carts and in less time than could be imagined a line of hose was attached to the hydrant near the factory and a second was laid from a hydrant west of the hotel on Railway-ave. Two powerful streams were poured into the burning building, one from the front and one from the rear.

   The hook and ladder truck was the first piece of apparatus to arrive and ladders were speedily put up and the Wickwire firemen mounted to the piazza roof and poured the water into the second-story windows. Not long after the rest of the companies arrived, but did not lay any hose, as the fire was nearly extinguished. The Protectives [Protective Police, a division of the volunteer Fire Dept.—CC editor] and crowds of others did good service in rescuing property from the house.

   Mr. Ray told a reporter that he went down cellar with a lamp for some purpose. He was called upstairs to wait upon a customer and left his lamp, Suddenly he smelled smoke and started to go down cellar, but the smoke drove him back. He thinks the lamp exploded and that the fire was quickly communicated with some inflammable material near by.

   So quickly did the flames spread and so dense was the smoke that he was not even able to enter the hallway to go up stairs to alarm Miss Tillie Dessem, a young woman who worked for Mrs. Ray. He procured a ladder and rescued her through a window, partly dressed, for she was at the time changing her attire.

   Miss Dessem had a considerable sum of money in her trunk in the upper hall and she was very anxious lest it should be burned, but when she told where the trunk stood it was rescued by some of the men, though the trunk was pretty hot at the time.

   The house was drenched with water and the household goods that were rescued were badly damaged. Mr. Ray had an insurance of $3,500 upon the house and its contents placed with G. J. Maycumber.

   The hotel was a two story frame building in very good repair.

E. & C. N. Y. R. R.

THE OPINION IN SUSTAINING THE LOWER COURT.

Pleadings were Defective, No Opinion Given on the Validity of the Charter.

   An opinion has been received in Cortland in the case of the Erie & Central N. Y. R. R., appellant, vs. Frank Welch, Carrie Welch and Amanda Welch, respondents. The original case grew out of a petition of the railroad company at a special term of the supreme court in Binghamton in October, 1895, for permission to condemn certain lands of the Welch estate and for the appointment of commissioners to ascertain and fix the compensation to be made therefor.

   I. H. Palmer appeared for the plaintiff and Judge I. H. Maynard for the defendant. The prayer of the petitioners was denied. The case was then taken to the appellate division of the supreme court, third department, at Albany, and was there argued by the same attorneys on Tuesday, Jan. 14. Word was received in Cortland on Thursday, Jan. 30, that the decision of the lower court had been affirmed with costs, but whether this decision was upon the sufficiency or insufficiency of the pleadings or upon the validity of the extension of the charter of the railroad, which point was raised by Judge Maynard, was not known until this morning when the opinion came. It now appears that the decision is upon a technical defect in the pleadings, and that the main question at issue was not touched upon.

   The opinion in full is as follows:

   Supreme Court, appellate division, third department; Barker, presiding justice; Landon, Herrick, Putnam and Merwin, associate justices.

   Albany, January, 1896. 

   Erie & Central New York Railway company, appellant, against Frank Welch, Carrie Welch and Amanda Welch, respondents. Irving H. Palmer for appellant, Maynard, Gilbert & Cone (I. H. Maynard of counsel) for respondents. Per Curiam.

   The plaintiff, at a special term of this court, held in Broome county on the 29th day of October, 1895, upon the petition and notice of motion, a copy of which is contained in the papers submitted to us, moved for the condemnation of the lands described in said petition for the appointment of commissioners to ascertain and fix the compensation to be made therefor. The defendants appeared and opposed said motion. No answer was served, nor does it appear on what grounds the defendants objected to the application.

   The petition was defective in not containing “a statement that it is the intention of the plaintiff in good faith to complete the work or improvement for which the property is to be condemned,” as required by sub-division 7, section 3,360, Code of Civil Procedure. The allegation so omitted was material and necessary to be stated to entitle the plaintiff to the relief demanded. In the matter of Metropolitan Transit Co., (111 N. Y. 588), where a like application, under Chapter 140, Laws of 1850, was under consideration, it was held that “as a condition upon which the court could he asked to intervene in its favor to enable it to acquire lands and street rights, the company was obliged to show under oath, that it is its intention, * * * in good faith to construct and finish a railroad from and to the places named * * * in its articles of association.” See also matter of the of the application of the Metropolitan El R. R. Co. vs. Dominie, et al., 27 N. Y. S. Rep. 576; Rochester R. R. Co., vs. Robinson, 133 N. Y., 242.

   The petition being thus defective, and it appearing that the defendants objected to the granting of the application of plaintiff for the condemnation of the premises in question and the appointment of commissioners to ascertain and fix the compensation to be made therefor, we are unable to determine that the court below was in error in making the order from which the appeal is taken. If there had been no appearance by defendants, the court could properly have denied the application on the sufficient petition presented.

   The papers do not show that the defendants waived the objections to the defective petition on which the plaintiff moved.

   We are also of the opinion that under the provisions of the “condemnation law” where the petition on which the plaintiff moves fails to comply with the provisions of Section 3,360 of the Code of Civil Procedure the court may properly sustain oral objections to the granting of the application for condemnation and the appointment of commissioners.

   The view above taken renders it unnecessary for us to consider the other questions discussed by the learned counsel for the respective parties.

   The order should be affirmed with costs and disbursements.

EXCISE CASES

DECIDED ON A LEGAL TECHNICALITY.

Pleadings Were Not Sufficient—Merits of the Case Not Touched Upon at All.

   At last the opinion has been received from the appellate division of the supreme court in regard to the decision recently landed down in the two excise cases in Cortland of the village of Cortland against John H. Howard and against Charles B. Warren. The two cases were precisely alike and only the first was argued, so that while the decision is in this case it really covers both. It will be noticed that the opinion is on a defect in the drawing of the complaint and that the real question at issue, the validity and legality of the village ordinance, was not touched upon at all. The attorneys on both sides anticipated this when the decision was known.

Death of Mrs. Stratton.

   Mrs. Mary P. Stratton died at 1 o’clock Wednesday afternoon at the home of her daughter, Mrs. A. P. Husted, 3 Arthur-ave., aged 81 years. After a short service at the house at 8:30 o’clock Friday morning the remains will be taken on the 10 o’clock train to Oxford, N. Y., where the funeral will be held at the residence of her daughter, Mrs. D. D. Shepard. Interment at Oxford.

THURBER—MAINE.

Pretty Home Wedding at Mr. and Mrs. Marvin D. Maine’s.

   There was a pretty home wedding Wednesday afternoon at 3 o’clock at the residence of Mr. and Mrs. Marvin D. Maine, three miles west of the village, when their only daughter, Miss Carrie F., was united in marriage with Mr. Lourell F. Thurber of New Woodstock, N. Y. About seventy-five relatives and friends of both parties were present, The house was prettily adorned with evergreens and flowers. The ceremony was performed by Rev. M. J. Wells, pastor of the Homer-ave. M. E. church, under an arch and bell of evergreens and white roses.

   The bride was very becomingly attired in a handsome gown of ecru lansdowne with white ribbon trimmings. She carried a bouquet of carnations and pinks. Her bridesmaid was Miss Gertrude C. Doughty of Cortland, and she carried a bouquet of white roses. The best man was Mr. H. A. Stanton of Cortland. Miss S. L. Kinney played the Mendelssohn Wedding March as the bridal party entered the parlors and afterward during congratulations. Very bountiful and elegant refreshments were served at small tables.

   The presents were displayed in one of the rooms and were very numerous, beautiful and valuable. They included much linen, silver, and other things ornamental and useful for housekeeping.

   Mr. and Mrs. Thurber departed on the 7:01 train for a short bridal trip to Rome and vicinity. They will reside at New Woodstock.

MURRY—MACK.

A Pleasant Wedding at St. Mary’s Church Tuesday Morning.

   The marriage of Mr. Thomas J. Murray and Miss Anna Mack took place at

St. Mary’s church Tuesday morning, at 8 o’clock. The contracting parties were attended by Mr. Henry Corcoran and Miss Anna Monahan and the ceremony was performed by Rev. J. J. McLoghlin before a large number of invited guests. The bride was neatly attired in a dark traveling dress and the groom wore the customary black. Immediately after the ceremony the happy couple were driven to the E., C. & N. station and took the train for Elmira and Watkins where they will spend a short time with relatives and friends.

   The bride and groom are both well and favorably known in Cortland and their host of friends will unite in wishing them a long and happy wedded life. They were the recipients of many beautiful and useful presents, showing the high esteem in which they are held.

   Monday evening at the home of the bride, 99 River-st., there was a very pleasant social gathering of a few of the immediate friends of both parties.

Attention, Comrades!

   The Cortland County Soldiers’ and Sailors’ Veteran association will hold its ninth annual meeting at Grand Army hall in Cortland, N. Y., on Wednesday, Feb. 12, 1896, at 1 o’clock P. M. sharp. As this meeting occurs on the birthday of Abraham Lincoln, which is now by statute a legal holiday and this the first year of its observance, and as by virtue of his office President Lincoln was commander-in-chief of the United States army and navy, it is fitting that the soldiers and sailors shall be the first to celebrate this patriotic day. As soon as the necessary business shall be transacted the time will be given to an interesting program prepared for the occasion. Good music will be furnished and your presence is earnestly requested at this meeting.

   H. C. Hendrick, Pres.

   M. J. Grady, Sec.

BREVITIES.

   —Mr. Rowland L. Davis was in McLean yesterday as attorney in a law suit between parties of that place.

   —Mr. A. Mahan delivered a fine Bradbury mahogany cabinet grand upright piano to Miss Elizabeth Sherman at Homer yesterday morning.

   —Mr. H. I. Jenkins of the firm of Davis, Jenkins & Hakes has bought of

Mrs. Hillock her residence on Madison-st., and will take possession April 1.

   —Twenty five young men, members of the C. M .B. A. have formed a class in penmanship and bookkeeping, and have engaged Mr. J. E. Joiner as instructor. They will meet once a week at his rooms.

   —A bill was introduced in the senate Monday fixing telephone rates. In places of between 8,000 and 20,000 people, in which class Cortland would fall, the maximum rate permitted is $30 per annum. [At this time the rate was $56 per year in Cortland—CC editor.]

   —Everything points to a successful party in Taylor hall Friday night under the auspices of the Fine Wire Drawers’ association. The arrangements have all been completed. Happy Bill Daniel’s orchestra of eight pieces will furnish music.

   —Mr. W. W. Kelsey has bought of D. H. Bingham the vacant lot between the Universalist Church and the residence of Theodore Stevenson and will erect a house upon it in the near future which has already been spoken for by Dr. M. B. Ingalls for his residence.

   —Prof. E. C. Cleaves has just presented to the Cortland Normal school one of his fine casts representing a classical subject. It represents Apollo driving his sun chariot. This will make a fine addition to the pictures already ornamenting the walls of the Normal parlors.

   —Mrs. T. H. Wickwire Tuesday afternoon entertained the Ladies’ Aid society of the Presbyterian church. It was an effort to revive the old sewing society. The ladies are preparing for an apron sale in the near future, and it was an innovation for them to meet at a private house. It was thought that by this means some others than the customary few might be induced to come out, and the experiment was so successful in bringing out nearly thirty that it was decided to try it again. Chocolate and sandwiches were served and the ladies passed a very pleasant afternoon aside from accomplishing a good deal of work.

   —Mr. W. E. Powers has just completed a large and remarkably excellent and lifelike portrait in India ink and water colors of Dr. F. J. Cheney. The picture was not made upon the order of any one and it is not yet certain who will possess it, but those who have seen it seem to be very much pleased with it.

   —Some members of the local Society for the Prevention of Cruelty to Animals Monday went out into the country to investigate some complaints. They found five cows huddled into a place altogether too small for them. They ordered three of the cows removed from that place and also made some changes in the location of some horses. When members of this society take a long drive in such a storm as that of yesterday afternoon it looks as though they were doing some of the things for which the society was organized.