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THE GERMAN UPTOWN SAVINGS BANK. To THE EDITOR OF THE HEBALD:General Herman Unl, the receiver of the German Uptown Savings Bank, made a statement some time ago to a committee representing the depositors that a final dividend would be paid as soon as one or two small mutters had been arranged. Since then we have heard nothing from him. What is the matter, and DEPOSITOR. what IS he doing?
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WANTED, A DIVIDEND. To THE EDITOR OF THE HERALD:1 would like to ask Mr. Hermann Uhi, receiver for the German Uptown Savings Bank, if there has been any dividend declared since the third one. If not what are the prospects for another dividend. A DEPOSITOR.
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# WHAT IS HE DOING? TO THE EDITOR OF THE HERALD:- Can the HERALD give us any information in regard to Mr. Uhl, the receiver of the German Uptown Savings Bank? Last fall he reported at the County Clerk's office that he had $53,000 on hand. When the bank closed the little real estate it had was sold at private sale; its mortgages were settled long ago, and I presume the other securities have been disposed of. Why, then, this long delay in declaring a dividend? Is some one drawing salary and interest at the expense of the depositors? A DEPOSITOR.
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A DEFAULTER'S MISERABLE END. THE FATE OF ADOLPH LEVINGER - VERDICT AGAINST A SAVINGS BANK PRESIDENT. The suit of Herman Uhl, the receiver of the German Uptown Favings Bank, against Christian Schwartz, the president, was tried yesterday before Judge Barrett in Supreme Court, Circuit. The plaintiff alleges that Schwartz lent to the Empire Lanndry Company, of which also he was president, $9,000 of the bank's funds, giving as security his own post-dated checks. The laundry comp ay had held title to two lots in Fifty-fourth-st., and took second mortgages from the purchaser on a sale, one Isidor Falk, and these were substituted afterward for Mr. Schwartz's checks and proved worthless. The defence was that the loan was a genuine loan on securities approved by the investigating committee of the bank and afterward at a general meeting of the trustees, and that the defendant was not in any respect more responsible for-the loan than any other trustee. The jury, however, found against him a verdict for $10,950. One of the curious facts brought out in the trial was that Adolph Levinger, who seems to turn up in almost every case where a contest over a mortgage involving fraud occurs between Germans, was the counsel for the bank, the counsel for Christian Schwartz, the counsel for the laundry company, and the counsel for Isidor Falk. John E. Parsons. counsel for the receiver, stated in conversation that his client and the officers of the bank were satisfied that Levinger died miserably and alone of yellow fever at Havana. They had heard that a stranger at a hotel in Havana was taken sick, and in three days died without a friend or acquaintance to attend him. Theonly identification was a seal ring, with the letters "A. L," and letters from a man at Chicago. That man had stated that Levinger came to him in his flight, acknowledging the necessity of concealing himself, and he had written to him at New-Orleans and Havana the letters found on the dead man. This proof satistled the bank officers, and they suffered Levinger's sureties to be discharged without opposition.
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HOPE DEFERRED. To THE EDITOR OF THE HERALD:Why does not Herman Uni, the receiver of the German Uptown Savings Bank, pay the Door, hard up depositors another dividend? He has been promising one for the last sixteen months. JUSTICE.
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# A LAWYER'S MISAPPROPRIATIONS. Mr. Herman Uhl, receiver of the German Uptown Savings Bank, brought suit againt Betty Milihauser to foreclose a mortgage on real property for $10,000. Through her attorneys (Messrs. Kurzman & Yeaman), Mrs. Millhauser set up the defence that she had paid $5,000 on account of the mortgage to the bank, and demanded that she be credited with that sum. This $5,000 was paid to Adolph Levinger, the attorney for the bank, who subsequently absconded, owing to the bank a large amount. Levinger has been since reported to have died of yellow fever in Havana, and it was insisted on the part of the bank on the trial of the cause in the supreme Court, that this $5,000 had been with other moneys appropriated to his own use by Levinger, without its ever having come into the possession of the bank, and that the receiver, therefore, was not bound to give Mrs. Milthauser credit for it. On this point the evidence on the part of Mrs. Millhauser was to the effect that the president had referred her to Levinger in relation to the payment; that subsequent to such payment, by a resolution of the bank officers, she was released to that extent on her mortgage, and that they thereafter accepted payment of interest on but $5,000 instead of $10,000. The decision of the Court was in favor of Mrs. Millhauser, and from that decision the receiver appealed to the General Term. The latter Court has now rendered its decision, sustaining that appealed from, in favor of Mrs. Milihauser, Judge Daniels writing the decision of the Court.
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WHAT IS THE PROSPECT ? To THE EDITOR OF THE HERALD:Is there any likelihood of the German Uptown Savings Bank paying the poor cheated depositors ever so small a dividend this year ? Or does Mr. Uhl intend holding the office of receivership until all the money is spent in his salary ? ONE OF THE WEARY ONES.
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According to a private despatch received from M. & S. Sternberger the scare in mining stocks is now at an end, and a general- recovery of prices is expected. To-morrow being Thanksgiving Day and a legal holiday the Stock Exchange will remain closed until Friday, at ten A. M. The following securities were sold at auction in New York to-day:By order of Hermann Uhl, receiver of the German Uptown Savings Bank, in the city of New York$4,500 town of West Farm bonds, as follows:-Five bonds due February 1, 1877, each $500; one bond due February 1, 1878, $500; three bonds due February 1, 1879, each $500, with coupons for the annual interest due on and subsequent to February 1, 1875, for $650. Claim for balance due on call loan by Nathaniel Burchill, $1,572 90, with interest from October 29, 1875, for which $3,500 of Manufacturers and Builders' Bank stock is held as collateral, for $9. Claim for balance due on call loan by Louis Saal, $2,389 4 with interest from October 6, 1876, for which $4,500 of Manufacturers and Builders' Bank stock is held as collateral, for $175. Claim for balance due on call loan by Manufacturers and Builders' Bank, about $12,881 34, with collaterals held therefor, for $250. Judgment entered December 28, 1876, in favor of the receiver against Ad. Levinger for $42,706 49, and the claim in suit (Levinger is claimed to have died previously), for $2. Judgment entered June 20, 1878, against C. Schwartz, in favor of the receiver, for $11,380 72, for $9. A claim for overdraft against J. Burkhardt for $75 45, with interest from October 5, 1875, for 34. Claim for balance of interest due on bond and mortgage of J. F. Denis, $95 50, with interest from November 1, 1875, for $1. Two judgments, for foreclosure deficiencies, entered in favor of the receiver against Isador Falk, one on July 8, 1876, for $2,942 25, and one oa August 4, 1876, for $3,918 60, for $1; three judgments for foreclosure deficiencies, entered in favor of the receiver on July 5, 1876, one for $3,224 02, one for $3,312 97, one for $2,227 19, each against Elizabeth Huber and Mayor Goodkind, for $6; a judgment for a foreclosure deficiency, entered in favor of the receiver on July 1876, for $2,202 against John W. Smith, for $1. By order of executors-200 shares Brooklyn City Railroad Company. $10 each, 171 20 shares Hope Fire Insurance Company, $25 each, 04 20 shares Dry Dock. East Broadway and Battery Railroad Company, $100 each,86%. By order of administrator-250 shares People's Gaslight Company of Brooklyn, $10 each, 2014; 3 shares Metropolitan Gaslight Company of Brooklyn, $100 each, 55) For account or whom it may concern-20 shares Hoffman Fire Insurance Company, $50 each, 94%: 40 shares New York Gaslight Company, $100'each, 81; $10,000 Third Avenue Railroad Company 7 per cent registered bonds, due 1890, interest January and July, $5,000 each, 101 a 101%: 30 shares Gorinan-American Insurance Company, $100 each, 129: 50 shares New York Equitable Insurance Company, $35 each, 194% 30 shares Citizens' Gaslight Company of Brooklyn, $20 each, 54; 16 shares Commercial Bank of Brooklyn, $60 each, 50; 18 shares Montauk Fire Insurance Company, of Brooklyn, $50 each, 115; $8,519 16, certificate issued by United States Navy Department and approved by the Bureau of Construction and Repairs February 28, 1877 (hypothecated)), $8,100; $15,000 City of New York
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CIVIL NOTES. Officer Gillespie, of the Fulton Street Police, in Brooklyn, on Monday night arrested Dennis McCrossan, of No. 1,866 Warren-st., on a charge of assault and battery on Joseph Wolfing, of No. 1,065 St. Mark'save. On-the way to the station eCrossan turned suddenly upon the officer and kicked him severely. In return Gillespie plied his club upon the prisoner's head, cutting his scalp badly, and reducing him to submission. An order of Justice Potter in Supreme Court confirming the report of Herman Ubl, receiver of the German Uptown Savings Bank, was filed yesterday in the County Clerk's office. The receiver has already paid out to depositors dividends amounting to 60 per cout in three instalments. The Court directs the payment of the receiver's and counsels' fees, and out of the remaining $35,602 28 in the receiver's hands the payment of a dividend of 4 per cent. Michael McCarthy, who was shot by Officer Wade, of the Twenty-sighth Precinct, at the Schutzen Park, at the foot of East Sixty-third-st., on the Fourth of July, was able to leave the hospital yesterday. and was arraigned before Justice Kilbreth, in the Yorkville Poiice Court, to answer Officer Wade's charge of assault and battery. Witnesses on behalf of the officer testified to the ill-treatment the officer received at the hands of the prisoner and his friends. The counsel for McCarthy asked for an adjournment to enable him to produce witnesses for the defence. The case was set down for Saturday afternoon. An appeal was taken to the General Term of the Court of Common Pleas from a judgment obtained by John Fitzsimmons and Mary Fitzimmons his wife, as members of the firm of John Fitzsimmons & Co. against Prosper, Erhard & Co. This decision of the Court handed down yesterday, affirms that of the Court below in holding that although the plaintiffs were husband and wife there could be a legal partnership between them, and that the use of the term and Co." in the firm name was not a violation of the statute forbidding its use where an actual partner was not represented. The judgment is therefore affirmed. The decisions of the General Terms of the Supreme Court and of the Court of Common Pleas stand opposed on the question as to who possesses the power of appointing janitors of Civil District Courts. The former court has decided that the power lies with the Justices of the courts themselves. The General Term of the Common Pleas, in a decision written by Judge Beach. handed down yesterday, in the suit of William J. Kennedy against the city, hold that the Commissioner of Puolic Works alone can name the Janitors. The Controller will not make any payments until the matter has been finally decided by the Court of Appeals. Judge Larremore, in the Court of Common Pleas, Chambers, yesterday appointed A. S. Murray, jr., receiver of the effects of John Chadwick and Augustus A. Hayes, and also appointed Charles H. Adams referee, in a suit brought against the same persons by Henry M. Olmsted as assignee of Olyphant & Co. The affidavits presented alleged that in July, 1877, the defendants entered in an agreement with Olyphant & Co. by which the latter firm were to act as agents for the defendants in the importation of Spanish tiles. The agents were to have a commission of 5 per cent, and a half interest in the profits. They bring the present action for an accounting under the large transactions carried out under the agreement.
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GERMAN UPTOWN SAVINGS BANK. Herman Uhl, receiver of the German Uptown Savings Bank, submitted his report yesterday to Judge Potter, of the Supreme Court. In his report the receiver states that he has paid to the depositors three dividends, aggregating sixty per cent. and that he has still $35,602 28 in his hands. Judge Potter confirmed the report, with directions of payment from the fund on hand of a dividend of four per cent to the depositors and the fees of the receiver and his counsel.
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etc RECORDED LEASES. Astor, William to Adam Werner. 8 9 3d-st. 350 ft W of $850 Ave.A, 25x90. 20 years, at annual rent of RECORDED MORTGAGES Barton. William O and wife to B M Cowperthwaite, w $550 S Lexington-ave S of 122d-st. 6 months Bradley. 8 L to William H Scott, 118th-st, W of 5th2,600 ave, 2 years Breen, J R and others to the New. York Life Insurance Company, II 8 61st-st. W of Madison-ave, 2 mort. 50,000 gages. 2 years. total Briesen Arthur V to Vitaline Foulke, n 8 48th.st. e of 19,500 7th-ave, 2 mortgages, total Chegaray. Heloise D and others to the United States Life Insurance Company, 8 W cor Madison-ave and 1,000 28th-st. 2 years Chesebrough. Margaret and husband to W H Stewart, 18,000 n A 45th-st, W of Madison-ave, instalments Davis. Ann E and husband to Caroline C Bishop, W 8 4,000 Lexington ave 11 of 104th.st. 6 months Faust. J D TO Mazdalena Althaus,e 8 7th-ave.s of 31st11,000 st. 5-years Flachs, GA and wife to Mary Schmidt, 2d-ave, n 3,000 of 81st-st. 4 years Germond, Elizabeth and husband to the Harlem sav2,000 ings Bank, 88 122d-st. e of 2d-ave, 1 year Green. Theo and wife to S Wharton and others, exec. 2.500 utors, etc. No 591 Waterst 5 years Hoazland, Snsan to West Side Savings Bank, n W cor 3,000 4th and Jones-sts. 5 months Kane, M and wife to L Ferrier,s cor 101st-st and 2d3,000 ave, 3 years Kinsel'a, J and wife to Hester A Bertine, 08 Ave-C, 8 1,000 of Cliff-st, 3 years Lewis, Evan to V W Macfarlane, SW cor Ridge and 1,000 Stanton-sta Littell, J M to W H Gebhard, executor, etc, Nos 466, 40,000 468 and 478 Washington-st, 5 years Milliken. 8 M to P E Zaoharie and wife, ns White-et, 10.000 W of Church-st, 3 years Moses, Mary to Amelia Spless and another, guardians, 8,000 etc, n S Houston-st. w of Ave-C, 4 years. 127th-st United Presbyterian Church to Lyle Reid, 88 1,800 127th-st. W of 2d-ave. 3 years Pullman. SC to Grace Davenport, n 8 86th-st. W of 3d5.000 ave, 4 years Soley. Mary H to J W Palmer, trustee, etc. No 147 1.000 Audson-st, 2 years 2,000 Starke A to. Bhimaner, W 8 Ave-D,s of 11th-st,lyear. Same and wife to William H Hays, same property, 5 6,000 years Wright, Martha J and husband to J Ross. n 123d-st, 3.000 e of 2d-ave. notes Wright, CS to West Side Savings Bank, 8 8 Jones-st, 2.000 e of 4th-st. 6 months, RECORDED ASSIGNMENTS OF MORTGAGES $1 Burchell, Jennette to William T Iverson Delaicid, F and another. executors, etc, to F Dela19,000 field and another, executors, etc 19,000 Same and others, executors, etc. to Julia F Delafield Hassell, Clemence L and another to Margaret W 6.750 Boardman 3,000 Holland H A to IE Wright Kinney, NC and E L, executors, etc, to NO and E L Kinney trustees Manhattan Life Insurance company to Eliza Morri6,000 son Manufacturers' and Builders' Bank to the German 52,583 Uptown Savings Bank 9,300 Same to same 8,189 Mason, Aun L to Thomas Kenworthy Parsons J E and another. trustees, etc, to Susan A 1 Selfridge 1,166 Richards, Thomas B toJJ Richards Robinson. Fanny M and others. executors. etc. to Wm 1 P Douglas Receiver of German Uptown Savings Bank to Jen1 nette Burchell