15954. Guardian Savings Institution (New York, NY)

Bank Information

Episode Type
Suspension → Closure
Bank Type
savings bank
Start Date
January 1, 1874*
Location
New York, New York (40.714, -74.006)

Metadata

Model
gpt-5-mini
Short Digest
b356730d

Response Measures

None

Description

Multiple articles describe the Guardian Savings Institution as having failed and being placed in receivership (Jeremiah Quinlan, later Peter J. O'Donohue and J. T. McGowan). There is no description of a depositor run or temporary heavy withdrawals in the supplied texts; the coverage focuses on receivers, alleged misappropriations, referee reports, and lawsuits. Thus this is a suspension leading to closure/receivership. Dates of initial failure/appointment of first receiver are not explicitly given in the snippets; I use approximate/unknown dates where needed and cite article phrases in snippets.

Events (5)

1. January 1, 1874* Receivership
Newspaper Excerpt
Jeremiah Quinlan, receiver of the Guardian Savings Bank ... Quinian resigned, and Peter J. O'Donohue was appointed in his stead; later J. T. McGowan is receiver and sues prior receivers for misappropriation of funds.
Source
newspapers
2. January 1, 1874* Suspension
Cause
Bank Specific Adverse Info
Cause Details
Bank failure/insolvency led to appointment of a receiver (Jeremiah Quinlan) and winding up of the institution's affairs; articles discuss liabilities, assets, and alleged misappropriation by receivers rather than rumors or external shocks.
Newspaper Excerpt
motion was made ... to confirm the referee's report, which had been made in favor of Mr. Quinlan, the receiver of the Guardian Savings Bank.
Source
newspapers
3. March 7, 1876 Other
Newspaper Excerpt
The report of Mr. William Abbott, referee in the case of the Guardian Savings Bank, was filed ... corrections to the report as furnished by Mr. Quinian ... showing a clear cash balance of $13,236.51. Schedule B shows the total amount of receipts ... $326,191.20 and the total of payments as $313,954.69. The amount paid ... $401,707.50 ... leaving a cash balance of $13,236.51 to be paid by said Quinian.
Source
newspapers
4. August 11, 1877 Other
Newspaper Excerpt
J. T. McGowan, receiver of the Guardian Savings Bank, in New York, has obtained leave ... to sue J. J. O'Donohue, a former receiver, for $24,000, part of money misappropriated by J. Quinlan ... and also to sue Jos. Reilly ... for $13,000 misappropriated by Quinlan.
Source
newspapers
5. October 22, 1878 Other
Newspaper Excerpt
John T. McGowan, the present receiver of the Guardian Savings Institution, ... the jury ... gave ... a verdict for the plaintiff for $8,769.66. The claim was for $24,000 received by the defendant ... $18,000 from Jeremiah Quinlan ... and $6,000 from his clerk.
Source
newspapers

Newspaper Articles (10)

Article from New-York Tribune, May 2, 1874

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# A BANK DISPUTE FOR $14,000. In the Supreme Court Chambers yesterday, before Justice Donohue, argument was heard in the case of the Bowling-green Savings Bank against the Guardian Savings Bank, in which both laid claim to $14,000 surplus moneys arising out of a foreclosure of mortgage made by Mr. Selme, Secretary of the Bowling-green Savings Bank, to Walter Roche, and assigned by him to Jeremiah Quinlan, receiver of the Guardian Savings Bank. The matter came up on a motion made a few days ago to confirm the referee's report, which had been made in favor of Mr. Quinlan, the receiver of the Guardian Savings Bank. The case was argued at great length by James W. Gerard, jr., for the Guardian Savings Bank, and Mr. Trull for the Bowling-green Bank, and at its close the Court took the papers and reserved its decision.


Article from The Sun, October 29, 1875

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CHARGES AGAINST A RECEIVE Winding Up the Broken Guardian Savi Bank-Very Plain Allegations on One : and a Flat Contradiction on the Other A motion is pending before Judge L rence to displace Peter J. O'Donohue, the ceiver of the Guardian Savings Bank, on ground that he is merely the agent of his bro and business partner, Park Commissioner seph J. O'Donohue, who was the bondsman Jeremiah Quinlan, the first receiver. The la was displaced on ch rge of misapplying the stitution's money. John T. McGowan. atto for a creditor of the bank. makes affidavit Commissioner O'Donohue became suret $50,000 for Quinlan, and that Quinlan emplo Joseph Riley, the Commissioner's brother law, as bookkeeper, at a salary of $2,000 a half interest in the receiver's fees. Riley clerk up to Quintan's removal in January and drew his salary up to March, 1874. a m after his appointment a clerk in the Ma Court. McGowan affirms that Commissi Donohue told him that Rilev had rece $5,000 from Quinlan, and transferred it to O'Donohue. When Quinlan was appointed the liabilitie the bank were $560,000, and the assets $50 Simultaneous with his appointment W Roche, the Vice-President and one of the tees of the bank, conveyed real estate value $347,000 (on which was a mortgage for $22.00 Jeremia Quintan. John E. Deviin, and Ji nch, trustees. for the benefit of all the ( itors. At the same time Roche contrib $21,000, and the trustees $6,000, toward the I dation of the debt. In the sale of Ro property he was to be subrogated to the ri of a creditor. The sale netted about $822 which, with the amount collected from assets of the bank by Quinlan, made $63 Mr. McGowan says in his affidavit that the of the bank. $450,000. has not yet been paid have the trustees. Devlin. Lynch, and Quit yet accounted for the sale of Roche's prop although the time for their settlement ex in October, 1874. Mr. McGowan further savs that Quinlan o Commissioner O'Donohue, his bonds $18,000, and that this debt be liquidated w receiver. The flidavit further says that v in 1869 Quinian purchased some property a William street for $20,000. he paid $2.000 di and Commissioner "Donohue paid $18,000 reserved the title to the need. In June, this title W S returned to Q inlan in ackn edgment of the settlement of his deb O'Donohue. In that me month. Mr. McGowan Quantan. as receiver of the Gu rdian Sm Bank. collected nearly $100,000 from the su Roche's pr perty. On these grounds Mr. McGowan argued 8 tion before Judge Donobue yesterday for discharge of Quinlan, and the Court said Quintab had "in properly administere the ties of bis trust:" but before the decision o Court was made Quinian resigned. and Pet O'Donohue was appointed in his steal. McGowan swears that before Quinlan resi he executed mortgages on his re I estate stock in trade to Commissioner O'Donoh order to secure him against any liabili ies 11 which he might rest as bis bondsman. Qui is said to be insolvent. Mr. McGowan argues that Peter J. O'Don is not a fit person for the receivership of bank. as his surety is his brother and bus partner; as, should an investigation of alleged defalcation of Quinian be ordere would be in antagonism with a man whose sonal interests and consanguinity would en rass fearless inquiry. Ex-Commissi- ner O'Donobue said yeste that he preferred not to speak until afte election. But dare Mr. McGowan. ne B/C meet me on ny public platform in the and argue the right and wrong in this CO versy. My reputation 18 worth more tha money. and if owe a doll to the Gual Savings Bank I will Day it." He added the is 11 innocent sufferer, having been dragged the fairs.of through tus solt itud


Article from The New York Herald, March 7, 1876

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THE GUARDIAN SAVINGS BANK. REPORT OF THE REFEREE-AN ODD REGISTER JEREMIAH QUINLAN'S WORK. The report of Mr. William Abbott, referee in the case of the Guardian Savinga Bank, was filed yesterday in the office of the County Clerk. The report commences with a detail of why, when and how the referee was appointed and a statement of the extent of the inquiry made. Among the witnesses who were believed to have testified fully and presented all the documents required are Messrs. Jeremiah Quintan, Robert N. Innis, Waiter Roche and Isaac Dayton, Public Administrator. The points of chief interest to the public are those in which some irregularity is shown in the bookkeeping which marked the term of Mr. Jeremiah Quintan as receiver rather than of amounts lost to the depositors. A few of these will convey a fair idea of the whole, for it is not claimed that there has been any very serious loss to the depositors through the irregularities noted. The corrections to the report as furnished by Mr. Quinian, are indicated by the statement to have been correct, otherwise than in the following instances:First-The account furnished, instead of charging the receiver, Quinlan, with having received, on January 5, 1875, $1,988 27 by note of P. C. Ingersoll, &c., should have charged him with receiving said sum December 2, 1871. Second-The account charges him with having received, on January 9, 1875, $1,512 74 on note of A. S. Teffell, &c., whereas it should charge him with receiving the sum on December 8, 1871. Third-Instead of charging him with having received, January 9, 1875, $1,404 02, being a note of E. McClellan &c., it should have reported the same as having been received December 12, 1871. Fourth-The accounts represent that on January 9, 1875, he received $2,369 14, being note of A. W. Chapin, whereas the sum named was received January 9, 1871. Fifth-The books represent $3,613 09 as being received by note of William K. Hall, January 9, 1875, which was 111 fact paid December 11, 1871. Sixth-That instead of entering that $8,514 92, bond and mortgage, with interest, George Breaker, on March 31, 1875, it should have been entered $7,081, on February 27, 1872 Seventh-March 31, 1875, is given as the date on which $4,209 13, bond and mortgage of M. Mahony, with interest, which was received March 22, 1874. Eighth-That the books, instead of noting that on April 10, 1874, $14,621 37, a balance of land and mortgage of Jacob Pecare and Enoch, and of Selmes to Morris, should charge him as having received, April 10, 1873, $14.605 61, making an overcharge of $15 76. Ninth-Instead of charging himself with having received, January 9, 1875, $810 37, sales of furniture, &c., he should have charged the same as having been recelved February 28, 1872. Tenth-Instead of crediting the receiver with paying, April 22, 1872, $396 94, interest on bond and mortgage of M. Fitzsimmons and James and F. Schaffer, he should have credited him with nothing, said payment never having been made. Eteventh-Fitteen payments are entered to James R. for services, amounting to $1,249 95. It should have been to the extent of 1,249 95. Twelfth-The receiver is credited with having paid, March 31, 1875, to P. J. 'Donahue, receiver, as tees, $5,000, when he should not have credited him with anything. Thirteenth-The account should credit the receiver with having paid Isaac Dayton, as Public Administrator, in part payment of indebtedness of G. Savins, to him as such officer, August 11, 1873, $4,000; March 10, 1874, $3,000; June 16, 1874, $10,000; September 22, 1874, $15,000. In all, $32,500. It is found that the payments were made by checks, dated on or about the dates named, on the National Trust Company, signed by Jeremiah Quinian, receiver, No. 2; and that all were payable to I. Dayton, except one, which was made payable to Jos. Reilly, clerk of the receiver, and by him indorsed to the Public Administrator, It 18 found also that the fund in the National Trust Company, with some exceptions, was received by Mr. Quinian, as one of the trustees to Waiter Roche, and deposited by him in the trust company as receiver No. 2. It is further found that the remainder of all assets in the inventory has been transferred by Quinlah to O'Donohue, the present receiver, showing a clear cash balance of $13,236 51. Schedule B shows the total amount of receipts to have been $326,191 20 and the total of payments as $313,954 69. The amount paid, including interest, &c., in various ways, is shown to have been $401, 707 50, and the amount of releases, $313,954 69, leaving a cash balance of $13,236 51 to be paid by said Quinian.


Article from New-York Tribune, March 22, 1876

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CIVIL NOTES. Judge Donohue has given an order directing Herman Uhl, the receiver of the German Up-town Savings Institution, to pay Charles Mayne and Albert Klamroth their claim for $416.20, as advertising agents for the bank before its failure, in full. The report of the referee on the accounts of Jeremiah Quiplan, as receiver of the Guardian Savings Institution, the substance of which has been already given in THE TRIBUNE, was yesterday before Judge Donohue in Supreme Court, Chambers, on a motion on one side to confirm the report, and on the other to vacate it. A preliminary objection to the consideration of the motions was taken, on which Judge Donohue reserved his decision. In the suit of George A. Fellows against Nicholas F. Cook, Judge Van Brant, in Common Pleas, Special Term, decides that interlocutory costs in an action cannot be taxed by the clerk of the court without a special authorization from the Court, and that a precept issued on a taxation by the clerk without such authorization is void. He holds, further, that interlocutory costs should be always set off against a judgment in the action where the costs and the judgment are recovered by different persons. The only exception to this right of set-off is where the losing person has bought a judgment against the successful person for the purpose of setting it off, and there the attorney's lien on the costs has been protected. Sendder & Carter appeared for plaintiff; Mr. Whitlegge for defendant.


Article from The Sun, October 13, 1876

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# MR. O'DONOHUE'S REPLY. His Explanation of the Management of the Guardian Savings Institution. Mr. Joseph J. O'Donohue requests the publication of a reply to the report of ex-Judge Bosworth on the management of the assets of the Guardian Savings Institution, and on the advisability of removing Mr. Peter J. O'Donohue from the receivership. He says: The New York Foundling Asylum was a depositor in the bank, at the time of its failure, of $94,522, more than one-sixth of all the deposits. Mr. O'Donohue was concerned for the welfare of the asylum, and was anxious to have a receiver appointed who would do the best that was possible for the depositors, and also to have some trustworthy person put in charge of the assets under the receiver, and that that was the reason why he became surety for Jeremiah Quinian, of whose appointment he had no expectation and no knowledge un il it had been made, and why he had bis brother-in-law, Mr. Riley, appointed clerk and bookkeeper under Quinlan. Quinlan, at the time, said he was willing to pay Mr. O'Donohue baif of his fees and commissions, but Mr. O'Donohue says he declined the offer peremptorily. He denies that he made any stipulations about Riley's salary, but says that Riley discharged his duties efficiently, and that it was largely due to him that the depositors and creditors have received 95 per cent, of their claims. that creditors of less than $20) have been paid in full, and that of the amount due to the Foundling Asylum less than $7,500 is unpaid, white there are sufficient assets still uncollected to pay all the rest of the bank's indebtedness. As to the $6,500 paid by Quinlan to Riley out of the assets of the bank, Mr. O'Donohue says this money was half of Quinlan's fees, which Quinlan took under the advice of bis counsel, Мг. Г. С. Т. Buckley, and that he gave half of these fees to Riley, as a recognition of his efficient services. Riley took $6,000 of this amount to Mr. O'Donohue, but it was received by the latter, not for himself, but on deposit for Riley, and be holds it to his credit yet, subject to the final decision of the courts. As to Quinlan's right to any fees at all, now that he has bean proved a defaulter, Mr. O'Donohue says that the defalcations amount to only $13,236, and that he has offered and is ready to pay this sum, and he supposes that if all deficiencies are thus m de good, Quinlan will be entitled to the usu I fees, the same as though he had not been a derauiter, and Kiley will be entitled to retain the other half of those fees, which is the $6.500 he received. As to the three mortgages sold by Quinlan at a discount of ten per cent., Mr. O'Donohue says he bought them only because Quinlan needed the money to pay a dividend, and could not raise it otherwise, and could not dispose of the mortgages elsewhere except at a discount of 15 per cent., so that Mr. O'Donohue thought he was thus saving for the bank five per cent. on those Fecurities. Mr. John T. McGowan, who is acting for the creditors against Mr. O'Donohue, and throws discredit upon him on account of this transaction, was the lawyer who made the transfer of the mortgages to Mr. O'Donohue, and conducted the searches of title; and he then did not say that O'Donohue ought not elther to buy the mortgages, or say anything about there being impropriety in doing s0. As to the intimation that Quinlan may have paid his indebtedness of $18,000 to Mr. O'Donohue out of the assets of the bank, Mr. O'Donohue says he did not know where the money came from, and does not believe it came from the bank; that he had mortgage security for the debt, which he relinquished upon receiving the money, a thing he would not have been very likely to do it he had supposed the money to have been purloined. Quinlan was then doing a lerge business, and was believed to be worth $300,000, and it was therefore reasonable to suppose that he paid the debt with his own money. Finally, Mr. O'Donobue sys that the creditors of the bank are in no danger of loss, and have no occasion to complain. The whole trouble arises from Mr. John T. McGowan, who was formerly his counsel. This gentleman is the assignee of Walter Roene's claim to any surplus that may remain of the bank's assets. Roche conveyed certain private property of his own to the bank for the benefit of the creditors of the bank after, its failure, be having been Vice President of the Institution. This property may not be entirely consumed, and the surplus may revert to him. His claim to this surplus he bas assigned to Mr. McGowan, who now comes in and wants all he can get for himself, and wishes his own receiver appointed in place of Peter J. O'Donohue.


Article from The New York Herald, October 14, 1876

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# SUMMARY OF LAW CASES. In the suit of John L. Brown vs. the city, Judge Barrett, yesterday, granted ten days further time in which to file a case on appeal. Charles Hock, arrested on a charge of passing a counterfeit $10 bill on the Lafayette National Bank of Indiana, was taken before Commissioner Shields and held in $1,000 bail. Before Judge Larremore, holding Supreme Court, Circuit, John T. Ackley yesterday recovered a verdict for $3,107 against Ellinore J. Westertelt, for house rent. The defence was that the house was not kept in proper condition. The well known suit brought by Catharine Nesta Ennuria Hicks, otherwise known as Countess Heinreuth, against Robert Martin, executor of Daniel Marley, still lingers in the court. Some time since a commission was issued to examine certain witnesses in Europe. Judge Lawrence yesterday vacated this order. The suit is for $150,000, claimed to be owing from the estate of Daniel Mariey. Among the cases argued in Supreme Court, General Term, yesterday, was an appeal from a decision of Judge Donohue dismissing the exceptions to the report of Wiliam A. Abott, referee, to take and state the account of Jeremiah Quinlan, receiver of the Guardian Savings institution. The Court took the papers. Another case, also argued before the same Court, yesterday, of some importance, was an appeal from a verdict o: $2,100 given in favor of Freeman D. Marckwald, in a suit against the Oceanic Steam Navigation Company for damages for personal injuries and loss of baggage at the time of the wreck of the steamer Atlantic. In the case of Phyfe against ex-Alderman Masterson, tried in the Superior Court before Judge Santord, the Court ordered a verdict for the plaintiff subject to the opinion of the General Term. It appeared that the ex-Alderman is the owner of the lot on the south-west corner of Fifty-fourth street and Seventh avenue, that he neglected to pay his taxes for the years 1865, 1866 1867, and in December, 1871, the premises were sold by the Corporation to the plaintiff for 1,000 years in consideration of his paying said arrears of taxes and a lease for that term delivered. The action was to recover possession of the premises for the term of 1,000 years. Counsel opened pretty lively yesterday in the argument of a motion before Judge Barrett, the object of which is to effect the release from Ludlow Street Jail of Dr. Rufus Wagner Flint. Mr. George W. Wilson, who appears for the motion, announced the continued incarceration of the Doctor as one of the most astounding conspiracies of the century, having for its purpose the extortion of money from Dr. Flint. Mr. Weed, the opposing counsel, thought that inasmuch as the Doctor was locked up for inability to pay the alimony of his wife as directed by the Court, the charge of conspiracy to extort money from him was altogether too attenuated. Judge Barrett cut the argument short by his postponing the further hearing until next Tuesday. Some time since Messrs. Horace B. Fry. Gardiner S. Spotlord and Wiliam Chapman were partners in the sale of certain railroad bonds of the Baltimore and Potomac Railway Company, and Mr. Fry was sent to Europe to negotiate sales. He succeeded in disposing of $3,000,000 of them at a price exceeding that placed upon them by the President of the road, which resulted in a joint profit of about $15,000 or his share. Mr. Fry brings an action in the Supreme Court against Spoflord for $5,000, claiming that he received the money and has never paid him. The case came to trial yesterday, the answer being a general denial. In the case of James Ward against the steamship Colon, brought in the United States District Court, to recover damages for the loss of the canal boat Charles McCafferty, which was struck by the screw of the steamer on the 19th of September, 1874, at the ship between piers 41 and 42 North River, and which was so badly damaged that she sunk, Judge Blatchford yesterday rendered a decision, holding that a watch should have been kept from the stern of the Colon during the time the screw was in motion, and that a careful observation would have shown that the canal boat was in a position of danger, if the screw were started. The Judge decided for the plaintiff, with a reference to a commissioner to ascertain the amount of damages.


Article from New-York Tribune, December 5, 1876

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CIVIL NOTES. In the Court of Common Pleas, on a remittitur from the Court of Appeals, a judgment was entered yesterday for Douglas Taylor, the former Commissioner of Jurors, against the city for $46,075 29. The lawyers in the Corporation Counsel's office congratulate themselves that out of ten decisions rendered in city cases yesterday at General Term seven, and those the more important, were in their favor. In the suit brought to restrain the New-York and Harlem Steamboat Company and the Morrisania Steamboat Company from completing their compact, Judge Lawrence, in Supreme Court, Chambers, has denied an injunction. The motion of the New-York and Staten Island Ferry Company for a mandamus to compel the Commissioners of the Sinking Fand to lease to them a ferry right to run to Staten Island has been denied by Judge Barrett, in Supreme Court, Chambers. In the matter of the Guardian Savings Bank the General Term of the Supreme Court reverses the decison of the Judge at Chambers that be had no jurisdiction to hear exceptions to the report of a referee passing a Receiver's accounts, and returns the matter to the Special Term for the hearing of the exceptions. Werner Bruns, James A. Cowie, Joseph Corne.1, Edward J. Burke. George Dempwolff, John Masterson. William Eylers, James Farrell, Austin Leake, Anthony J. Oliver, Ambrose O'Neill, Morris L. Seebacher, and William Witters have obtained from Judge Van Brupt an order that the canvassers show-cause on Dec. 8 why they be not compelled to count and return the votes east for them for Aldermen. In the suit of Jonathan Woodruff against Robert Sherard, Jr., President of the New-York Transfer the Court, Company, Supreme General Term, from decides that when a person hurriedly takes a paper an express company, supposing it to be merely a receipt. the fact that a contract limiting the company's liability is included in the receipt does not relieve the company from full liability as common carriers. John Shea, a policeman, was convicted of assault and battery at Special Sessions held by two justices only, Dowling and Shaudley, and on that conviction was tried before the Police Board and discharged, though he gave some explanations, his discharge being based entirely on that conviction. Such convictions by two justices have been held void by the Court of Appeals, and the Supreme Court. General Term. Judge Davis giving the opinion, on appeal by certiorari from the action of the Police Board, holds there was no evidence before the Police Board warranting his discharge. and Shea must be reinstated. The trial of a suit by the Guardian Mutual Life Insurance Company against the Atlantic National Bank of the City of New-York was begun yesterday before Judge Lawrence in Supreme Court. It is for $50,000 lent. or a similar amount of United States bonds deposited with the defendant by the plaintiff, and the real defense of the bank is that F. L. Taintor, the former castier. was the man who borrowed the money or took the bonds, and that the bank had nothing to do with the twenty Yill the eithe. will be examined to-day. Alexander & Green and Wru. Opdyke appear for plaintiff; Holt & Nash for defendant. In the suit of James Bigler against the Mayor, the Supreme Court, General Term, Judge Davis giving the opinion, has reversed a judgement of the Supreme Court. Circuit. Bigler entered into a contract to furnish such timber, of specified dimensions, as the Departments of Dock should call for. His claim amounted to about 485,000. but some of the timber called for was of smaller dimensions than those named in the contract. The court below refused to nonsuit on this ground, holdwhat If the city had used the timber and there was no fraud it must pay for it. The question of fraud was expressly submitted to the jury, who found for the plainfill. The General Term holds that this was an error. Smaller timber was of course cheaper timber, and even if there was no Traud here. there was a possibility of Traud A new trialts ordered. Heinrich Imhorst made a claim against Joseph Bensusan in the Coart of Arbitration on account of some wine which the defendant, in March, 1874, ORdered to be shipped to him by a vessel loading at Bordeaux. It was shipped by another vessel. which did not arrive until three weeks after the first vessel. At that time prices had not fallen, but the defendant refused to take the wine. In October, 1875, the plaintiff sold the wine at anction at a loss, and sued for the difference. Much testimony was taken on the condition of the wine, all of which Judge Fancher disregards, but decides that the defendant had a right to make the sending by the first vessel part of his contract, and did so, and, second, that the plaintiff should have been prompt to sell the wine, and his delay until the wine had greatly fallen in price releases the de fendant from liability.


Article from Evening Star, August 11, 1877

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# A RECEIVER WHO RECEIVED FOR HIMSELF J. T. McGowan, receiver of the Guardian Savings Bank, in New York, has obtained leave from Judge Van Brunt to sue J. J. O'Donohue, a former receiver, for $24,000, part of money misappropriated by J. Quinlan, who was first receiver of the bank, and also to sue Jos. Reilly, a brother-in-law to O'Donahue and clerk to Quinlan, for $13,000 misappropriated by Quinlan. O'Donahue was Quinlan's surety and also his successor in the receivership.


Article from Evening Star, August 11, 1877

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retary of War Major R. N. Batchelder, quar- termaster, has been ordered to report to the quartermaster general for duty. Major H. B. Burnham, judge advocate, U. S. A., has been granted three months' leave of absence, with permission to go beyond the sea. ### "A COOL PROPOSITION." Under this head the New York Times prints a special which says: Much to the surprise of the War de- partment officials, the Baltimore and Ohio Railroad Company has presented a claim for payment for transporting United States troops from Washington to different points along its line to protect the road from the strikers. This seems a little like imperti- nence. Without the aid of the troops the railroad company would have been com- pletely at the mercy of the strikers, for the militia were of no service whatever, and in some cases expressed their sympathy for the rioters in an unmistakable manner. If the military had been sent over the road to pro- tect private or public property, the case would have been different; but no property required protection except that belonging to the railroad company. During the war of the rebellion many precedents were estab- lished under which this claim could be paid, but it is stated at the War department that there was an understanding when the troops were sent that the railroad companies should furnish transportation. If this is the case the matter will probably go to the courts for settlement. No railroad but the Baltimore and Chio has yet presented its bill. and at the Cabinet meeting to-day, when this mat- ter was brought up, it was decided that no action should be taken until all the other railroads should be heard from, when it will be submitted to the Attorney General for an opinion. ### SERENADE TO SENATOR CONKLING His Compriment to Gen. Grant. Senator Conkling, of New York, who returned yesterday from a brief trip to England, as stated in last eve- ning's STAR, was received at Hoboken with speeches, cannon firing and other noisy wel- come. In the evening he had a reception and serenade at the Fifth Avenue hotel. After returning thanks for the cordiality of his re- ception, he said he came back a stronger, if not a better, American than he went away. He never before was so proud of his country or so content with his countrymen as now that he had the opportunities of comparing them with other countries and people. Great Britain had the accumulated results of gen- erations. She had had eight centuries of Par- liaments, power and wealth, but in civiliza- tion, liberty, progress, general intelligence and promise of the future, America need not shrink. He spoke of Paris, its art treasures and monumen's, and paid a tribute to the magnanimity of the Germans, who left them untouched when they had the city in their power. Of Gen. Grant he said that wherever he goes, honors wait upon him, but they do not seem to wean him from things at home. He may remain long abroad, but when he returns you are likely to find that all the dis- tinctions poured upon him have not washed out a jot of his Americanism or made him anything save the same upright, downright republican without cant or palaver. ### POLITICAL CONVENTIONS Calls have been issued for national and state political conventions and conferences as follows: Tuesday, August 14, Maine democratic, in Portland; Wednesday. August 15, New York prohibitionist, in Utica; Wednesday, Aug. 22, Pennsylvania democratic, in Harrisburg; Thursday, August 23, New York greenback, in Rochester; Wednesday, August 29, Iowa democratic, in Marshalltown; Wednesday, September 5. Pennsylvania republican, in Harrisburg; Tuesday, September 11, Wiscon- sin republican, in Madison; Wednesday, September 12, Massachusetts prohibitionist, in Worcester; Pennsylvania prohibitionist, in Harrisburg; Thursday, September 13, Massachusetts democratic, in Worcester; Wednesday, September 19, Massachusetts republican, in Worcester; Thursday, Sept. 20, Maryland republican. in Baltimore; Wed- nesday, September 26, National convention of representative colored men, in Washing- ton; National Conference of prohibitionists at Perry-street M E church, New York city. ### CHANGE OF ADMINISTRATION IN CUBA Lieutenant General Luis Prendergast, chief of staff of the Spanish army in Cuba, has ar- rived in Havana, and a dispatch from that city says: Taking his arrival in connection with that of Martinez Campos, the rumored change of administration of the island is ap- parently well founded General Jovellar in- augurated his administration by laying open the shameless frauds committed by the army purveyors and imprisoning defaulters, implicating thereby indirectly ex-Captain General Valmaseda and others. The efforts of General Jovellar were in vain. The per- emptory orders of Spain obliged him to re- lease the defaulters and army swindlers. General Jovellar's honor almost obliges him to resign. If he resigns it is supposed that Lieutenant General Prendergast will replace him temporarily. ### GEN. FIELD of Fredericksburg, Va., has recently returned home from Egypt, where he held a high position in the army of the Khedive. His withdrawal from that army grew out of the Turko-Russian complica- tions, in which Egypt, through her vassal- age to the Sultan, has been forced to take part. The American officer could not con- scientiously take the field for the Crescent against the Caoss, and so resigned. In fact, it is stated that about all the American offi- cers in the Khedive's service have been got- ten rid of in one way or another. ### FAILURES IN PHILADELPHIA are an- nounced as follows: Newhouse & Rousenan, wholesale clothiers, have failed, but no state- ment has been made of their assets and liabilities. They have two judgments against them for $15,000 and one for $10,000. M. Rosenbach & Co, shirt manufacturers, have suspended and are reported to have indorsed about $18,000 of paper for a broken clothing house. John Clayham, fish and provision dealer, has suspended. He pro- poses to pay 50 per cent. ### A RECEIVER WHO RECEIVED FOR HIMSELF J. T. McGowan, receiver of the Guar- dian Savings Bank, in New York, has ob- tained leave from Judge Van Brunt to sue J. J. O'Donohue, a former receiver, for $24,000, part of money misappropriated by J. Quinlan, who was first receiver of the bank, and also to sue Jos. Reilly, a brother- in-law to O'Donahue and cierk to Quinlan, for $13,000 misappropriated by Quinlan. O'Donahue was Quinian's surety and also his successor in the receivership. REV. AUGUSTINE F. HEWIT, of the order of the Paulists, is now superior of the order and editor of the Catholic World, Father Heck- er's ill health having compelled him to seek release from his duties. Dr. Hewit is an LL. D., his degree having been recently con- ferred by Harvard, which thus supplies the first instance of an American university founded by Protestant sectarians so honor- ing an eminent divine of the Roman Catholic church. ### THE ANNUAL CONVENTION of United States bankers will be held at New York on the 12th, 13th, and 14th of September; 6,152 banks will be represented, of which 2,082 are national banks, 875 state banks, 2,524 private banks, and 671 savings institutions. The convention will take such measures as are necessary to remove the oppressive restric- tions that are said to have recently crippled


Article from New-York Tribune, October 22, 1878

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CIVIL NOTES. Louis Richards, a child, was run over and killed by & truck belonging to P. Ballantine & Sons in Bayard-st., May 5, 1877. His father, as his administrator, began a suit for $5,000 in the Supreme Court, which was discontinued, and he then began a new suit in the Court of Common Pleas. Judge J. F. Daly granted yesterday an order staying the father's suit in the Court of Common Pleas until the costs in the previous suit were paid. In the suit of John T. McGowan, the present receiver of the Guardian Savings Institution, against Joseph J. O'Donohue, the surety for the first two receivers of the Institution, the jury in Superior Court, Trial Term, before Judge Curtis, gave yesterday a verdict for the plaintiff for $8,769 66. The claim was for $24,000 received by the defendant, $18,000 from Jeremiah Quinlan, the first receiver, and $6,000 from his clerk. The defence as to the first sum was that it was a payment on a mortgage entirely independent of the Savings Bank, and as to the second that the money was held ID trust for the clerk. It is on the smaller sum, with interest, that the verdiet is based.