Article Text
# STATE OF WISCONSIN,
In Circuit Court for Rock County.
C. M. Gager, John Bullis, Rufus Bingham, C. O. Tellefson, T. J. Atwood, William Bussey, D. I. Willson and B. C. Willson, co-partners under the firm name of Willson Brothers, and J. D. Whittet and L. C. Whittet, co-partners under the firm name of Whittet Son, Plaintiffs,
▼S.
The Bank of Edgerton, John P. Towne, Robert C. Carter, Charles L. Burnham, Henry Marsden, Helen I. Williams, as administratrix of the estate of W. W. Williams, deceased, John C. Hurd, John J. Pearson, Thomas Thronson, Charles F. Page, as administrator of the estate of Lucius H. Page, deceased, William H. Morgan, Charles T. Hutson, as administrator de bonis non with the will annexed of the estate of Thomas S. Hutson, deceased, Charles H. Dickinson, as executor of the last will and testament of John J. Son, deceased, Bank of Lodi, Trustees of the Methodist Episcopal Church of Edgerton, Trustees of the Methodist Episcopal Church of Albion, The Trustees of Fulton Lodge No. 69 of Free and Accepted Masons of Edgerton, Harry C. Son and Dema Son, and John Paul, as special administrator of the estate of Rebecca Morgan, deceased, Defendants.
The petition of C. O. Tellefson, T. J. Atwood, D. I. Willson, L. C. Whittet and W. S. Brown respectfully shows to the Court:
That your petitioners, together with C. M. Gager, who is now absent from the State of Wisconsin, constitute a committee appointed at a meeting of the creditors of said defendant, the Bank of Edgerton, to represent said creditors in enforcing the liabilities of the stockholders, officers and directors of said defendant bank, and in closing out the affairs of said bank.
That at a meeting recently had between a majority of said committee and the attorneys for the creditors of said bank, and several of the defendants hereinafter in this paragraph mentioned, and the attorneys for such defendants, propositions for the settlement and adjustment of all the liabilities sought to be enforced against certain of the officers, directors and stockholders of said bank were discussed, and that subject to the approval of the court, the following basis of settlement was agreed upon, to-wit: That there should be paid to the receiver of said bank, the sum of $56,000 in full settlement and satisfaction of all the liabilities sought to be enforced in said action against John P. Towne, Robert C. Carter, Henry Marsden, Helen I. Williams, as administratrix of the estate of W. W. Williams, deceased, John C. Hurd, John J. Pearson, Thomas Thronson and Charles F. Page, as administrator of the estate of Lucius H. Page, deceased, and that there should be adequately guaranteed to the creditors of said bank the collection and payment of the sum of $1,500 on account of the liabilities sought to be enforced against William H. Morgan, and the estate of Rebecca Morgan, deceased, the excess collected on said last named liabilities over and above the sum of $1,500 to be paid to said receiver for said creditors.
That in the judgment of your petitioners it is advantageous to the creditors of the said defendant bank that the settlement of the liabilities of said several defendants upon the terms above named be made and concluded, and that the interest of said creditors will be best subserved thereby.
That as petitioners are informed and believe, negotiations have been had by the attorneys for said creditors for the settlement of the liabilities of said William H. Morgan, and the estate of Rebecca Morgan, in said action, and for the settlement of the liabilities sought to be enforced against Charles T. Hutson, as administrator de bonis non with the will annexed of the estate of Thomas S. Hutson, deceased, Charles H. Dickinson, as executor of the last will and testament of John J. Son, deceased, Bank of Lodi, Trustees of the Methodist Episcopal Church of Edgerton, Trustees of the Methodist Episcopal Church of Albion, Trustees of Fulton Lodge No. 69 of Free and Accepted Masons of Edgerton, Harry C. Son and Dema Son, but that no basis or agreement of settlement has yet been arrived at, and that as your petitioners are informed and believe but a comparatively small amount, to-wit: not to exceed $2,000, can be realized out of said several liabilities in this paragraph mentioned.
Wherefore your petitioners pray that notice of the hearing of this petition be given to all of the parties to said action, and to all of the creditors of said defendant bank, and to the receiver thereof, and that upon the hearing of this petition, the settlement so agreed upon as aforesaid be ratified and approved, and that authority be given by said court for the consummation thereof, and that authority be given by said court to make such adjustment and settlement of the liabilities of the remaining defendants in said action as the court may approve.
Dated April 20th, 1900.
T. J. ATWOOD,
L. C. WHITTET,
W. S. BROWN,
D. I. WILLSON,
C. O. TELLEFSON,
Petitioners.
STATE OF WISCONSIN,
ROCK COUNTY,
T. J. Atwood, D. 1 Willson, L. C. Whittet and W. S. Brown, being each duly sworn, say that they have read the foregoing petition by them subscribed and know the contents thereof, and that the same is true to their knowledge, except as to those matters therein stated upon information and belief, and as to those matters they believe the same to be true.
T. J. ATWOOD,
L. C. WHITTET,
W. S. BROWN,
D. I. WILLSON.
Subscribed and sworn to before me this 20th day of April, 1900.
L. H. TOWNE,
Notary Public, Rock County, Wis.
STATE OF WISCONSIN,
DANE COUNTY,
C. O. Tellefson being first duly sworn, says that he has heard read the foregoing petition by him subscribed and knows the contents thereof, and that the same is true to his own knowledge, except as to those matters therein stated upon information and belief, and as to those matters he believes the same to be true.
C. O. TELLEFSON.
Subscribed and sworn to before me this 20th day of April, 1900.
L. H. TOWNE,
Notary Public, Dane County, Wis.
