National Bank (Asheville, NC)

Episode Information

Episode UID
409401174
Episode Type
Suspension โ†’ Closure
Bank Type
national
Bank ID
40940 national
Charter Number
4094
Start Date
October 22, 1897
Location
Asheville, North Carolina (35.601, -82.554)

Metadata

Model
gpt-5-mini (chosen from majority vote of a three-model LLM ensemble)
Short Digest
affa849854a57a81

Response Measures

None

Description

Bank suspended Oct 22, 1897 and later closed via voluntary liquidation (Dec 13, 1897).

Events (4)

1. August 15, 1889 Chartered
Source
historical_nic
2. October 22, 1897 Suspension
Cause
Bank Specific Adverse Info
Cause Details
Inability to make collections of assets leading directors to suspend payments.
Newspaper Excerpt
...it is apparent that it is impossible owing to inability of the bank to collect its assets... it is resolved that the bank suspend business...
Source
newspapers
3. December 11, 1897 Voluntary Liquidation
Source
historical_nic
4. December 13, 1897 Other
Newspaper Excerpt
The shareholders of the National Bank of Asheville ... having borrowed money on their individual guarantees sufficient to pay all demand obligations, the Comptroller has permitted the bank to close up its affairs by voluntary liquidation instead of through a receiver.
Source
newspapers

Newspaper Articles (25)

Article from The Indianapolis Journal, October 23, 1897

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Another Asheville Bank Closed. ASHEVILLE, N. C., Oct. 22.-The National Bank of Asheville has closed its doors. This leaves but one bank here. As soon as the announcement of the closing of the bank was circulated a run was begun on the Battery Park Bank. The Battery Park had $75,000 cash at the last showing, and that amount cannot all be paid out before the usual hour for closing. The bank will have $100,000 cash here by to-morrow morning, when the scare will probably be over. The run on the Battery Park Bank stopped about 2 p. m., leaving more money in bank that when it opened this morning. The statement of the National Bank is to the effect that inability to make collections was the cause of the failure and that it is probable the assets will be sufficient to. pay all depositors.


Article from The Norfolk Virginian, October 23, 1897

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BANK SHUT UP. Asheville, N. C., Oct. 22.-The National Bank. of Ashville, has closed its doors. This leaves but one bank here. As soon as the announcement was circulated a run was begun on the Battery Park Bank. Up to 1 P. m. more money had been taken in than paid out. The Battery Park Bank stopped about 2 p. m., leaving more money in the think than when it opened this morning. The statement of the National Bank is to the effect that inability to make collections was the cause of the failure, and that it is probable the assets will be suificlent to pay all depositors.


Article from The News & Observer, October 23, 1897

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ANOTHER BANK FAILS The National Bank of Asheville Closes Its Doors. BANK THIRD FAILURE THE CLOSING CAUSED A RUN OF THE REMAINING BANK. BATTERY PARK BANK MET THE DEMAND Officers of the National Bank of Asheville Claim That With Prudent Management and Time All the Depositors Can be Paid in Full. Asheville, N. C., Oct. 22.-(Special)The National Bank of Asheville two hours after opening this morning closed its doors. Soon afterwards the following appeared on the door: "October 22nd, 11:30 a. m. It being apparent that it is impossible owing to inability of the bank to collect its assets, and to the steady withdrawal of deposits to carry on the business of the bank with fairness to the creditors and shareholders of the institution and the public; it is resolved that the bank suspend basiness, and the Comptroller of the Currency be at once notified and requested to take charge and liquidate its affairs." Signed by W. T. Weaver, president, and W. B. Williams, cashier. Since the failure of the First National Bank on July 31 depositors have been drawing out money from the National bank of Ashe ville. This morning the directors decided it was advisable to suspend. The bank officers state, "We believe that the assets of the bank will, if prudently managed, be sufficient to pay all depositors and other creditors in full. Time, however, will be required to collect and distribute these assets." This bank is the oldest in the city. It has been a National bank since 1889. Following the suspension a run began on the Battery Park Bank, the only remaining bank in the city, and continued till it closed at 3 o'clock.Crowdsof depositors gathere about the kand and called for their deposits. However, the bank was prepared for the run and paid out freely. Many of the business men of the city in order to check a panic and assist the bank to stand the run joined in the line of anxious depositors and put money in the bank liberally. The bank was not in need of this assistance, however, AS it had a great amount of currency on hand, and with its asserts it can meet any demands that can be made upon it. Asheville, N. C., Oct. 22.-The National Bank of Asheville has closed its doors. This leaves but one bank here. As soon as the announcement was circulated, a run was begun on the Battery Park Bank. Up to 1 p. m. more money had been taken in than paid out. The Battery Park had $75,000 cash at the last showing. The run on the Battery Park Bank stopped about 2 p. m., leaving more money in the bank than when it opened this morning. The statement of the National Bank is to the effect that inability to make collections was the cause of the failure, and that it is probable that the assets will be sufficient to pay all depositors.


Article from Wheeling Register, October 23, 1897

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RUN ON A BANK Caused by the Suspension of a Neighboring Institution-Money Coming. Asheville, N. C., October 22.-The National Bank of Asheville has closed its doors. No statement has yet been made. This leaves but one bank here. As soon as the announcement was circulated a run was commenced on the Battery Park Bank. Up to 1 p. m. more money had been taken in than paid out. The Battery Park Bank had $75,000 cash at the last showing, and that amount cannot be paid out before closing time. The bank will have $100,000 cash here to-morrow. The run on the Battery Park Bank stopped about 2 p. m., leaving more money in the bank than when it opened this morning. The statement of the National Bank is to the effect that inability to make collections was the cause of the failure, and that it is probable the assets will be sufficient to pay all depositors.


Article from The Wheeling Daily Intelligencer, October 23, 1897

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Only one Bank Left. ASHEVILLE, N. C., Oct. 22.-The National Bank of Asheville has closed its doors. No statement has yet been made. This leaves but one bank here. As soon as the announcement was circulated a run was begun on the Battery Park bank. Up to 1 p. m. more money had been taken in than paid out. The Battery Park Bank had $75,000 cash at the last showing and that amount cannot all be paid out before closing time. The bank will have $100,000 cash here to-morrow.


Article from Alexandria Gazette, October 23, 1897

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NEWS OF THE DAY. The first snow of the season fell in Brooklyn yesterday afternoon. Yellow fever has gotten a foothold in the orphan asylums at New Orleans. Ex-Queen Liliuokalani, of Hawaii, denies that she bas abdicated in favor of her niece, Princess Kaiulani. W. G. Hitchcock & Co., importers and dealers in silks, of New York, yesterday assigned. The liabilities are said to be not less than $1,000,000. The National Bank of Asheville, N. C., suspended payment yesterday, giving as the cause the inability to make collections. This leaves but one bank there-the Battery Park Bank. The President yesterday instructed Secretary Gage to at once demand the resignation of Gen. W. W. Duffield, superintendent of the coast and geodetic survey. General Duffield is said to be incompetent. The Cook county, Ill., commissioners, disgusted with the result of the Luetgert trial, which has cost the county between $20,000 and $30,000, refuse to appropriate money for another trial if Luetgert is admitted to bail. Judge Van Wyck, the regular democratic candidate for mayor of Greater New York, still leads in the betting, at odds of 3 to 1, and Low men have some trouble in making wagers that Low's vote will exceed Tracy's. Ex-President Cleveland, in his address at Princeton University's celebration of its founding, yesterday, referred to the Greater New York campaign, and approved of the course taken by the Citizens' Union, which is opposing the regular democratic ticket. Archbishop Keane left Washington yesterday for New York, whence he sailed to day for Rome. It is expected that he will present the case of Monsignor Schroeder to the College of Cardinals and also represent the board of directors of the Catholic University in the matter. The fruit steamship Ardandhu, which arrived at New York yesterday from West Indian ports, exhausted her coal supply in heavy winds and high seas, and was obliged to use cocoanuts as fuel for twelve hours, until she could reach Delaware Breakwater, where she took on enough coal to bring her to port. The sessions in Washington yesterday of the Supreme Council of the Ancient and Accepted Scottish Rite of Freemasonry were enlivened by the ac ion of the two Wichita delegates, who, when not allowed to select their Inspector General, became angry, left the House of the Temple, and took the train for home.


Article from Evening Journal, October 23, 1897

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A Bank Shuts Down. ASHEVILLE, N. C., Oct. 23.-The National bank of Asheville has closed its doors. No statement has yet been made. This leaves but one bank here. As soon as the announcement was circulated a run was begun on the Battery Park bank.


Article from The Houston Daily Post, October 23, 1897

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Bank of Asheville Closed. Asheville, N. C., October 22.-The National Bank of Asheville has closed Its doors. No statement has yet been made. This leaves but one bank here. As soon as the announcement of the closing of the bank was circulated a run was begun on the Battery Park bank. Up to 1 p. m., however, more money had been taken in than paid out. The Battery Park bank had $75,000 cash at the showing and that amount can all be paid out before


Article from The Topeka State Journal, October 23, 1897

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ASHEVILLE PANIC, One Bank Fails and There is a Run on Another. Asheville, N. C., Oct. 23.-The National Bank of Asheville has closed its doors. No statement has yet been made. A run began at once on the Battery Park bank. The Battery Park bank had $75,000 cash at the last report and that amount cannot be paid out before closing time.


Article from The Guthrie Daily Leader, October 26, 1897

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More Bank Troubles at Asheville, N. C. ASHEVILLE, N.C., Oct. 25. -The National Bank of Asheville has closed its doors and no statement has yet been made. A run began at once on the Battery Park bank.


Article from The Times, December 14, 1897

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VOLUNTARY LIQUIDATION. The Hardship by Reason of Bank Failur N at Ashville Has Been Relieved. WASHINGTON Dec. 13.-The share. holders of the National Bank of Asheville, N. C., which failed in October, having borrowed money on their individual pustantees sufficient to pay all demand obligations, the Comptroller has permitted the bank to close up its affairs by volun tarily liquidation istead of through a receiver. The plan was outlined by Deputy-Comptroller Coffin, who visited Asheville for the purpose, after the failure, and by disbursing about $60,000 in cash to depositors. will tend, it is said. to relleve the hardships resulting from three hank failures in that dis


Article from The News & Observer, December 14, 1897

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THE ASHEVILLE BANKS. One of Them Clears Up Its Affairs Without a Receiver. Washington, D. C., Dec. 13.-The shareholders of the National bank of Asheville, N. C., which failed in October, having borrowed money on their individual guarantee sufficient to pay all demand obligations, the comptroller has permitted the bank to close up its affairs by voluntary liquidation instead of through a receiver. The plan was outlined by Deputy Comptroller Coffin, who visited Asheville for the purpose, after the failure, and by disbursing about $60,000 in cash w depositors will tend, it is said, to relieve the hardships resulpting from three bank failures in that city.


Article from Richmond Dispatch, December 14, 1897

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NATIONAL BANK OF ASHEVILLE. It Is Permitted to Go Into Voluntary Liquidation. WASHINGTON, December 13.-The shareholders of the National Bank of Asheville, N. C., which failed in October, having borrowed money on their individual guarantees, sufficient to Day all demand obligations, the Comptroller has permitted the bank to close up its affairs by voluntary liquidation, instead of through a receiver. The plan was outlined by Deputy Comptroller Coffin, who visited Asheville for the purpose after the failure, and by disbursing about $00,000 cash to depositors, will tend, it is said, to relieve the hardships resulting from the three bank failures in that city,


Article from Evening Journal, December 14, 1897

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Affairs of a Defunct Bank Settled. WASHINGTON, Dec. 14.-The shareholders of the National Bank of Asheville, N. C., which failed in October, having borrowed money on their individual guarantee sufficient to pay all demand obligations, the comptroller has permitted the bank to close up its affairs by voluntary liquidation instead of through a receiver. The plan was outlined by Deputy Comptroller Coffin, who visited Asheville for the purpose after the failure, and by disbursing about $60,000 cash to depositors will tend, it is said, to relieve the hardships resulting from three bank failures in that city.


Article from The Age-Herald, December 14, 1897

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VOLUNTARY LIQUIDATION. National Bank of Ashville, N. C, Will Close Business Without Receiver. Washington, Dec. 13.-The shareholders of the National bank of Ashville, N. C., which failed in October, having borrowed money on their individual guarantee sufficient to pay all demand obligations, the comptroller has permitted the bank to close up its affairs by voluntary liquidation instead of through a receiver. The plan was outlined by Deputy Comptroller Coffin, who visited Ashville for the purpose after the failure, and his disbursing about $60,000 cash to depositors was intended, it is said, to relieve the hardships resulting from the bank failures in that city.


Article from The Morning News, December 14, 1897

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ASHEVILLE'S BANK CRASH. Settlement by Voluntary Liquidation Arranged For. Washington, Dec. 13.-The shareholders of the National Bank of Asheville, N. C., which failed in October, having borrowed money on their individual guarantee sufficient to pay all demand obligations, the controller has permitted the bank to close up its affairs by voluntary liquidation instead of through a receiver. The plan was outlined by Deputy Controller Coffin, who visited Asheville for the purpose, after the failure, and by disbursing about $60,000 to depositors, has tended to relieve the hardships resulting from the bank failures in the city.


Article from The Semi-Weekly Messenger, December 17, 1897

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The Bank of Asheville Pays Its Depositors Washington, December 13.-The shareholders of the National Bank of Asheville, N. C., which failed in October, having borrowed money on their individual guarantee sufficient to pay all demand obligations, the comptroller has permitted the bank to close up its affairs by voluntary liquidation instead of through a receiver. The plan was outlined by Deputy Comptroller Coffin, who visited Asheville for the purpose, after the failure, and by disbursing about $60,000 cash to depositors will tend, it is said, to relieve the hardships resulting from three bank failures in that city.


Article from The Western Sentinel, December 23, 1897

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VOLUNTARY LIQUIDATION. Hardship by Reason of Bank Failure in Asheville Has Been Relieved. The shareholders of the National Bank of Asheville, which failed in October, having borrowed money on their individual guarantees sufficient to pay all demaud obligations, the Comptroller has permitted the bank to close up its affairs by voluntary liquidation instead of through a receiver. The plan was outlined by DeputyComptroller Coffin, who visited Asheville for the purpose, after the failure, and by disbursing about $60,000 in cash, to depositors, will tend, it is said, to relieve the hardships resulting from three bank failures in that city.


Article from Courier Democrat, December 23, 1897

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Otherwise. A thousand Italians have gone home to spend Christmas. The L. A. W. will try to suppress six-day bicycle killings. Counterfeiters are at work in Denver. A dangerous counterfeit $10 silver certificate is in circulation. By a vote of 5 to 4 a committee of the Virginia senate ordered a favorable reporrt on an anti-foot ball bill. Prominent women want the school children of America to give a cent aplece to the government university. John Jenkins of Springfield, Ohio, knocked out Barney Smith of Cincinnati in a glove fight in the sixth round. The directors of the Southern railread have declared a dividend of 1 per cent on the preferred stock, payable Jan. 30. Gov. O'Ferrall of Virginia has appointed ex-Postmaster General Wilson a member of the board of education but the senate turned him down. At the Greenpoint Sporting club at New York Bobby Dodds, colored, of Minneapolis, defeated Sam Tonkins of Astoria, in ten rounds. Oscar Gardner, the Omaha Kid, and Eugene Beznah of Cincinnati fought a fifteen-round draw at the People's Athletic club at Cincinnati. The United States supreme "court will take a recess next Monday for the Christmas holidays, resuming its sittings again on Monday, Jan. 3. John Sherman, nephew of the secretary of state, has announced himself as a candidate for the Republican nomination for mayor of Des Moines. The damage resulting from fire at John and James Dobson's wholesale and retail carpet salesrooms at Philadelphia will reach over $800,000 in building and stock. Matty Matthews of New York and Charles McKeever of Philadelphia fought fifteen rounds at the Olympic club at Athens, Pa. McKeever had the best of the encounter throughout. The retirement of Justice Field from the United States supreme court has made necessary the new assignments of Justice Brewer to the Ninth circuit in addition to his duties in the Eighth circuit. The Stock Exchange Bank of El Reno, Okla., has closed its doors and J. M. Cannon has been appointed receiver. The liabilities are stated to be $50,000 and the assets are claimed tc be worth $70,000. An arrangement has been reached by the principal roads of Michigan whereby interchangeable 1,000-mile tickets will be honored on trains in Michigan without requiring the holder to exchange tickets as at present. The act of the Ohio legislature giving damages to persons assaulted or killed by mobs was declared unconstitutional in the case of J. W. Caldwell, who claimed $1,000 because he was injured by a mob during the Brown strike. A circular saw in operation in the wood yard of Tice & Dilliger at Fond du Lac, Wis., burst. Nelson Tice, the senior member of the firm, was struck by a flying fragment and seriously, if not fatally, injured. His right arm was severed. Mrs. Jennie June Croly has been appointed an inspector of public schools by Mayor Strong of New York for the term of five years. Mrs Croly, who succeeds Mrs. Harriet M. Kemp, is known all over the United States as a writer and worker in women's clubs. A. B. East, a wealthy farmer living about twelve miles northeast of Caldwell, in Morris township, Kan., has deposited $500 as a reward to the person who will effect the capture of Lou Wilkinson and the safe return of Eva, the sixteen-year-old daughter of Mr. East. The shareholders of the National Bank of Asheville, N. C., which failed in October, having borrowed money on their individual guarantees sufficient to pay all demand obligations.


Article from The News & Observer, January 19, 1901

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fect the voluntary Fiquidation of the affairs of the bank, as follows: That all the assets of the bank shall be turned over to W. B. W. in trust to collect and convert into cash and apply to the liabilities of the bank; that the trustee be directed to borrow not exceeding $75,000, and to pledge as collateral all the assets of the bank, and for us and in our name, each and severally, but not jointly, to enter into an agreement with such person, etc., "as will make such loan, that we and each of us, our heirs, executors," etc., "will contribute, make on good and pay to such lender demand, such parts or portions of any difference or deficit which may exist at the making of 12 months from the date of said loan, between the amount then realized from the collection or sale of said assets pledged as collateral securexity, after paying therefrom the penses of said trust and the amount then as the number of due said lender shares held by each of the signers hereof bears to the aggregate number of shares held by all the signers." The aggregate sum of $75,000, was borrowed by the trustee in divers sums on the faith of the authority conferred on him and the assets of the bank were transferred to the trustee, collected and applied to the above indebtedness. This action is brought upon the above agreement by the lenders to recover the balance due upon the loans, and it is Held, not demurrable upon the grounds assigned by the defendants, (1) That the plaintiffs are not parties to the agreement between the stockholders; (2) That there is a misjoinder of causes and of parties, and (3) That the National Bank of Asheville and the trustee are not parties and that one of the signers of the agreement did SO as guardian without the consent of his werds. The stockholders' agreement also provided that the instrument "shall become effective and operative upon the signing thereof by the owners of twothirds of the capital stock;" Held that the plaintiffs' failure to aver that the contract was in fact signed by the owners of two-thirds of the capital stock was a defective statement of a good cause of action and not a statement of a defective cause of action and was not demurrable.


Article from The News & Observer, January 8, 1904

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THE SALE CONFIRMED. Norfh Carolina Land and Timber Company Adjudged Bankrupt. (Special to News and Observer.) Greensboro, N. C.. Jan. 7.-In the United States Circuit court this evening Judge Boyd confirmed the sale of the National Bank property at Asheville, made by W. B. Williams, receiver for twelve thousand dollars. In the district court upon petition of creditors he adjudged the North Carolina Land and Timber Company, of Asheville, bankrupt. The voluntary petition in bankruptcy, filed by John L. Casper. of WinstonSalem. in no way relates to the Casper Company, a large liquor concern, which is incorporated. Casper as an individual, seeks relief from an old judgment growing out of an assignment in 1897.


Article from The Times Dispatch, January 8, 1904

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United States Courts. (Special to The Times-Dispatch.) GREENSBORO, N. C., Jan. 7.-In the United States Circuit Court this evening Judge Boyd confirmed the sale of the National Bank of Asheville property, made by W. B. Williams, receiver, for $12,000. In the District Court, upon the petition of the creditors, he readjudged the North Carolina Land and Timber Company, of Asheville, bankrupt. A voluntary petition in bankruptcy was filed by John I. Casper, of Winston-Salem. This in no way relates to the Casper Company, a large liquor concern. which is Incorporated. Casper, as an individual, seeks relief from old judgments growing out of an assignment in 1897.


Article from The Richmond Virginian, November 29, 1910

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# CASES HEARD IN # FEDERAL COURT The United States Circuit Court of Appeais reconvened this morning at 11 o'clock with Circuit Judges Goff and Prichard and Districs Judges Boyd and Rose in attendance. C. F. Haynsworth, of Greenville, S. C., admsaw cmfwyp emfwyp m S. C., was admitted to practice in this court. The following cases were argued: No. 988. R. Crawley Jones, alleged bankrupt, apellant, vs. August Wright Company et al., appellees: on appeal from the district court at Richmond, Va.; in bankruptcy. Continued from yesterday. Cause further argued by Bartlett Roper, Jr., and Carl H. Davis, of Petersburg, Va., for the appellees, and concluded by Wyndham R. Meredith, of this city, for the appellant and submitted. No. 984. William B. Williamson, receiver of National Bank of Asheville, N. C., plaintiff in error, vs. American Bank, defendant in error; in error to the Circuit Court at Greenville, S. C. Cause argued by Charles A. Moore, of Asheville, N. C., for the plaintiff in error, and by Clement H. Haynsworth, of Greenville, S. C., for the defendant in error. Court adjourned until Wednesday morning at 11 o'clock. Cases in call Wednesday: No. 990. Norfolk & Portsmouth Tractiton Company, plaintiff in error, vs. Mamie Rephan, by Harry Rephan, her next friend, defendant in orror; in error to the Circuit Court at Norfolk, Va. To be argued by W. H. Venable, of Norfolk, Va., and Henry W. Anderson, of this city, for the plaintiff in errr, and by 8. M. Brandt, of Norfolk, Va., for the defendant in error. No. 991. Baltimore & Ohio Railroad Company, plaintiff in error, vs. Hettie Gertrude Taylor, admx, etc., defendant in error: in error to the Circuit Court at Parkersburg, W. Va. To be argued by J. W. Vandervort and B. M. Ambler, of Parkersburg, W. Va., for the plaintiff in error and by L. N. Tavenner and V. B. Archer, of Parkersburg, W. Va., for the defendant in error.


Article from The Times Dispatch, November 29, 1910

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Leon Hozier, applellee; on appeal from the District Court at Norfolk, Va. Cause argued by Robert M. Hughes, of Norfolk, Va., for the appellant, and by Henry Bowden, of Norfolk, Va., for the appellee, and submitted. No. 988-R. Crawley Jones, alleged bankrupt, appellant, vs. Aug. Wright Company. et al., appellees; on appeal from the District Court at Richmond, Va. In bankruptcy. Cause argued by George A. Hanson, of this city, for the appellant, and argument continued until to-morrow morning. Bartlette Roper, Jr., and Carl H. Davis, of Petersburg, Va., were admitted to practice in this court. Court adjourned until this morning at 11 o'clock. Case in call to.day: No. 934-William B Williamson, receiver of National Bank of Asheville, plaintiff in error, vs. American Bank, defendant in error; in error to the Circuit Court at Greenville, S. C. To be argued by Cothran, Dean & Cothran, of Greenville, S. C., and Moore & Rollins and Thomas A. Jones, of Asheville, N. C., for the plaintiff in error, and by Haynsworth & Haynsworth, of Greenville, S. C., for the defendant in error. Hon. James E. Boyd, United States district judge, of Greensboro, N. C., will arrive in town to-night to be in attendance upon the court.


Article from The Times Dispatch, November 30, 1910

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argued by Bartlett Roper, Jr., and Carl H Davis, of Petersburg, Va., for the appellees and concluded by Wyndham R. Meredith, of this city, for the appellant, and submitted. No. 984-William B. Williamson, receiver of National Bank of Asheville, N. C., plaintiff in error, vs. American Bank, defendant in error; in error to the Circuit Court at Greenville, S. C. Cause argued by Charles A. Moore, of Asheville, N. C., for the plaintiff in error, and by Clement F. Haynsworth, of Greenville, S. C., for the defendant in error. Court adjourned until this morning at 11 o'clock Cases in call to-day: No. 990-Norfolk and Portsmouth Traction Company, plaintiff in error, vs. Mamie Rephan, by Harry Rephan, her next friend, defendant in error; in error to the Circuit Court at Norfolk, Va. To be argued by W. H. Venable, of Norfolk, Va., and Henry W. Anderson, of this city, for the plaintiff in error, and by S. M. Brandt, of Norfolk, Va. for the defendant in error. No. 991-Baltimore and Ohio Railroad Company, plaintiff in error, vs. Hettie Gertrude Taylor, administratrix, &c., defendant in error; in error to the Circuit Court at Parkersburg, W. Va. To be argued by J. W. Vandervort and B. M. Ambler, of Parkersburg, W. Va., for the plaintiff in error, and by L. N. Tavenner and V. B. Archer, of Parkersburg, W. Va., for the defendant in error.