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Assignees, Receivers, and Trustees 1915
Book (6, P I, IN THE SUPERIOR COURT BEFORE. THE CLERK. NORTH CARODINA IREDELL COUNTY. In re: Cash Grocery Company, L. E. Tharpe Proprietor, as- signment to R. T. Weatherman, Assignee. To J. A. Hartness, Clerk of the Superior Court. R. T. Weatherman, Assignee of-Cash Grocery Company, submits the following as his final settlement of said estate. ASSETS. Sold entire stook of goods and fixtures to R. B. Gant, for $910.00 Interest and deferred payrents Accounts collected Total assets ---------------~--------------- -----n2n nnn DISBURSEMENTS. The following accounts were proved, allowed and paid as follows: Claimant Amount paid. $ 2.11 2.76 Amount allowed. D. M. Ferry & Co. $ 9.19 Lakeshore Seed Co. Mandeville & King Co. Allen BR. Creseman's Sons Statesville Grocery Company Merchants & Farmer's Bank &. L. Bradley, L. T. Covington The Sulsberger Sone Company Strother Drug Company Consolidated Paper Co. National Biscuit Company Florida Produce Company Grandy Brothers George Fox Imperial Cotton Oil Co. Iredell Telephone Co. App@lachin Products Co. R. C. Williams & Co. Edward Depew & Co. | ; J. K. Morrison Grocery Co. Star Milling Company R. H. Field Company Ballance Sullivan Co. Swift & Company . I. T. Bailey Foster & Caviness T. L. Bean Bumann Manufacturing Co. Mre. L. W. Heath » Fischer & Co. . D. Howard & Co. Francis H? Legett & Co. C. C. Tharpe City Flous Mills 12.00 3.97 14.50 511.84 °23:98 15.40 77.31 10.50 24.78 37.02 9.00 9.75 13.90 8.00 3-00 3.50 a 449.77 24.75 47.25 320.74 81.90 65.40 147.40 7.50 21.00 8.00 15.60 13.00 29.74 8.50 47.25 - 68 3.33 117.72 341.44 286 3.54 17.78 2.41 5.70 8.52 3.07 2.24 3.20 1.84 -69 -80 8.51 5.84 103.45 5.79 10.87 73.77 18.84 15.04 33.90 1.72 4.83 1.84 3.59 2.99 6.84 1.95 10.87 Claimant Amount allowed Amount paid. J. E. Sloop $ 5.35 $ 1.21 H. J. Hines Company 11.80 2.71 City Light & Power Co. 1.80 41 Eugene M. Trevis & Co. 35.20 8.10 De B. Wade & Sone 26.10 6.00 L. Ashe 17.00 3.91 B. L. Boylston 3.75 88 The following accounts were secured by liens on the fixtures assigned and were paid in full. Hamilton Seale & Tank Co. $ 36.00 Sherer-Gillett Co. 50.00 U. 8. Sclicing Maci Co. 66.00 The following accounts were contracted after assignment was made and paid in full. Iredell Tele. Co., to 'Phone service § 1.80 Statesville Printing Co. To pringing adds. 7.00 Mise Nannie Moore, stenographic work 3.00 For distributing advertisements 1.10 D. L. Raymer, P. M. for stamps 8.00 R. V. Brawley, P. M. for stamps 1.00 The following amounts peid as cost of this proceeding To J. E. Boyd, Reg. of Deeds $ 1.25 W. A. Bristol, naeeeney 30.00 J. A. Hartness, C. S&S. C. 7.09 R. T. Weatherman commissions on receipte and disb. er. — 85 ES we 924.45 1915 SL Mii Assignee Cash Grocery Co. Subscribed to and sworn before me, this / ear olla Clerk OY the Superior Court.”~ } ‘ J } f i ‘ Receiver 1915 / / SUMMONS FOR RELIEF.—Judge.— Printed and for sale by Brady, The Printer, Stateaville, N. C. 3-15- 13-1M. or x County~-9n the Superior Court. AGAINST SUMMONS FOR RELIEF. State of North Carolina, To the Sheriff of Wou are Herebp Commanded to summon the defendant ...above named, if ‘A......be found within your County, to be and appear before the Judgé of our Superior Court, at a Court to be held for the County of. AS’ antthechekhe mn at the Court House in ho het FUL on the. f/ Monday after the. Monday of G4 PK the same being the LX day of nc 9p and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant.......take notice if AL they fail to answer to the said complaint within that time, the plaintiff 9....will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. a Given under my hand and seal of said Court, this Al day of ty 191254 - c Clerk of Superior Court \ We acknowledge ourselves bound unto........ LAK. 422 the Defendant in this action, in the sum of... 72a Attest Dollars, tobe void, however, if the Plaintiff, 47 6-UY 0-7 Phz............... Shall pay the Defendant all such cost as the Defendant may recover of the Plaintiff in this action. Witness our hands and seals, this...... YL... day hes : A. D. 191 2K... _n(Seal) _being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this day of 3 a & ee © te Plaintiff's Attorney. -+-<- Lt Mead Ne bag 5 fe } * < te ' ~~) . Zz 3° * 5 Returnable to... SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady, The Printer, Statesville, N. C. 3-15- 13-1M. as ae o eacee,.... County-~Gn the Superior Court. ee be paber 1 (he. Bef... drank Cree nb ; SUMMONS FOR RELIEF. State of North Carolina, To the Sheriff of..a%@e@Qeee 0. County—GREETING: Pou are berebp Commanded to summon the defendant ... above named, if... A. be found within your County, to be and appear before the Judge of yh on the... Z7 .Monday after the..../.....Monday of. de, en ae el the same being the... LE day of 191.9% and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three our a Court, at a Court to be held for the County of ee, Me at the Court House in days of said Term, and let said Defendant take notice if... ite fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this f sete ea i ciiascednaiesienenscsieieene NS MEiod i, STATE OF NORTH CAROLINA, : In the Superior Court. AGAINST We acknowledge ourselves bound unto the Defendant however, if the Plaintiff... . cost as the Defendant . being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me thir day of ' i ; > y s be ° - ~ < a Ls] = = = On SUMMONS FOR RELIEF. © Returnable to... of the Superior Court of North Carolina,) " Superior Court, ) Iredell County, ) May Term, 1914, Je Re Hill, Re Ee Armfield and all other stockholders and creditors of the defendant make themselves party plaintiffs, -Vvs~ ) ) ) ) Company, who may come in and COMPLAIN®,. ) ) ) ) ) The R. li. Knox Company. The plaintiffs petitioning the Court complain of the defendant and allege: Piret: That the defendant Company is a corporation duly chartered and organized under the laws of North Carolina, with ite principal place of business in the City of Statesville, -° G., located on the East side of Center Street in said City. Second: That the plaintiffea J. R. Hill and R. E. Aymfield are stockholders in the defendant Company; J. R. Hill owning twenty-five shares and R. E. Armfield twenty shares of the par value of one hundred dollars each. Third: That the stockholders in said Company and the number of shares held by each are as follows: R. M. Knox 62, J. Re Hill 25, R. EB. Armfield 20, Henry Shownan 20, JP. Mille 10, J. W. Knox 10, J. B. Rogers 5, Kirt Myers 5, Mort Myers 6, Mrs. be Ne sray 5, FP. B. Bunch 5 and R. W. Ziegler 2 shares respectively, each of the par value of $100.00 each, making @ total of 194 shares, which represents ” original Capital stock of $19,400.00, Fourth: Theat R. M. Knox, J. P. Mills, R. E. Armfield, J. B. Rodgers and J. R. Hill constitute the Board of Directors of said Company; R. M. Knox being ite president, R. & Armfielé Vice-President and Jas. R. Hill Secretary & Treasurer. Fifth: That for the last five years or more the defendant company has been and is now engaged in the clothing business in the City of Statesville, N- C., carrying a stock of men'S ready made clothing and furnishings, stock of milli- nery and other merchandise incident to its business; that the capital of the Company has been inadequate for the successful conduct of its business, and by reason thereof the officers of the Company were forced to borrow money to supply the deficiency, meet its obligations and the demands of the trade. Sixth: That a part of the original capital stock of the Company consisted of an old stock of merchandise purchased from Knox, Poston & Co., for which certificates of stock were issued, which stock of merehandise proved to be unprofitable; that the Company invested in a large stock of millinery goods, Which resulted in further loss to the Company. Seventh: That the Company has been at great ex- pense in operating ite business, by store rent, clerk hire, taxes, insurance, interest on borrowed money and deferred Obligations for purchase of merchandise, more than its Capital and volume of business would justify: that during the life of its existmnoce and career it has not been successful nor its business profitable, but on the contrary ite capital has diminished and its obligations increased; that its credit is so impaired, that at present it is unable to borrow money from the banks or other sources on its own credit to enable it to carry on its business; that the directors and stock- holders are unwilling to give it further credit by personal endorsement of ite obligations, whichout which it is im possible to secure loans, the plaintiffs in this action have at already endorsed the notes of the Company to the banks to the full limit of their credit and ability, Eighth: That the assets of the Company consist of a stock of ready made clothing, furnishings, millinery and other articles of merchandise incident to its business, store accounts, office fixtures etc. of a nominal value of about $20,000.00, While its liabilities will aggregate $15,000.00; that owing to its present financial conditions, its business operations Will have to’ be suspended as the defendant Company is in imminent danger of insolvency, in fact it. is insolvent and to continue to operate its business would be unjust to its credi- tors, and entail further loss to its stockholders, Ninth: That the plaintiffs are advised and believe and so allege, that the interest of the creditors and stoek- holders of the defendant, The R. M. Knox Company, demand the dissolution of said Corporation, and the appointment of receivers to take charge of the eetate and effects, collect the debts, reduce its assets to cash and disburse the same to creditors under the orders of the Court as provided by lay. Tenth: That summons has been issued in this cause and notice of the application for receivers given to the defendant. Wherefore, the plaintiffs ask that the defendant v corporation be dissolved and receivers appointed to take charge of the estate, collect and reduce its assets to cash and distribute the same under the orders of the Court, and for such other and further relief, as they may be entitled to, and cost of action, Attorney for Plaintiff, maketh oath that the foregoing Complaint is true of his own knowledge, except those matters and things stated on information and belief, and as to those matters he believes it to be true, Lit Ace. Subscribed and sworn to wate ks. this the 4I day of February,191 North Carolina, ) Superior Court, Iredell denies) May Term, 1914. Je Re Hill, R- Ee Armfield . and all other stockholders and creditors of the defendant make themselves party plaintiffs, -vs- ) ) ) ) Company, who may come in and ) ) ) The R. lie Knox Company. This cause coming on to be heard upon the petition of the plaintiffs in behalf of themselves and all other stockholders and creditors, and it appearing to the Court that the defendant, The R. M. Knox Company, is in imminent danger of insolvency, if not in fact insolvent: 4c? telto : : ae hat heetelec ef an It is considered, ordered and adjudged that the ~~ defendant corporation be and the same is hereby dissolved, and that R. L. Poston and L. G. Gaither be and they are hereby appointed temporary receivers of The R. li. Knox Company, who will take charge of the estate and effects thereof, and collect the debts and property due and belonging to said corporation with power to prosecute and defend in the name of the corporation or otherwise, all suite necessary or proper for the purpose aforesaid, and to appoint an agent or agents under them, and to do all other acte which might be done by such corporation, that may be necessary for the final settle- ment of its unfinished business; That R. L. Poston and Es. G. Gaither before entering upon these duties shall enter into a bond in the sum of five thousand dollars, payable to the defendant for the faithful performance of the duties of their office as receivers aforesaid: That a copy of this order shall be served upon the defendant company and notice given to it, to appear before the Judge of the Superior Court of Iredell County, on Monday the 18th day of May, 1914, and show cause if any it has, why said receivers shall not be continued until the final settlement of its business. Notice shall be given to all stockholders and creditors of said company as required by the statute. This cause retained for further orders. North Carolina,) Superior Court. Iredell County.) liay Term, 1914, Je Re Hill, Re Ee Armfiel4a) et al. ve ) The R. KM. Knox Company. Whereas, His Honor B. F. Long as appointed E. G. Gaither and R. L. Poston receivers of the defendant, The R. M. Knox Company, and required bond before entering upon their duties in the sum of five thousand ($5,000,) dollars: Now, therefore, we the undersigned acknowledge ourselves indebted to the defendant in the sum of five ¢housand dollars conditioned upon the faithful discharge of the duties of our office as receivers aforesaid, by collecting and preserving the estate of the said defendant and disbursing the funds therein, as required by the orders of the Yourt, In witness whereof Wwe have hereunto set our hands and seals, this the 2S _ aay of February, 1914, WZ Ora lor sux EF Ser HZe2___( stat) OL Seeder (seat 27321 ( SEAL) ’ 7 ae L Feafen maketh oath that he is worth $ 3 /po0 over and above his homestead and personal property exemptions and liabilities, CL Faro Subscribed and sworn to before me, ro this the gj~ day of February,1914, / TVVeamtwt2 sake / 4 oath that he is worth 3».fwo0,8° ee over and above his homestead and personal property exemptions and liabilities, FVVb-71te LZ A as Subscribed ee to before me, this the 75~aay of February, 1914. hha iici ORE Pair Corn h fe for veh Th Aity 23, LETS to tho North Carolina, } In the Superior Court. > Iredell sowthy,| _diay Term, 1914. ......... ain SEPM wees Ja Re Hill, Re Ee Armfield & all other stockholders and creditors of the defendant ORDER APPOINTING PERMANENT make themselves party plaintiffs, -vVe- ) ) ) ) ) Company, who may come in and RECEIVERS. ) ) ) ) ) The Re M. Knox Company. Whereas on the 2lst day of February, 1914, an order Was made in the above entitled cause by Hon. Be F. none Long, Resident Judge of the 15th Judicial District, appoint- ing R. Ll. Poston and E. G. Gaither temporary receivers for ithe defendant, The Re M. Knox Company, and ordering that notice of service upon the defendant, its stookholders and creditors be made by publication in some newspaper published in Iredell’ County, to appear before the Superior Court at the Court House in Statesville on Monday, the 18th :day of May,:1914, and then and there show cause, if ‘any they have, why said receivers should not be made permanent. , And aes ‘on the day aforesaid, said oause came on to be’ heexd before » ! His Honor, ¥.°F. Harttiig, Jidze Presfaing m treiswe = -—— Judicial District, and no answer to the petition of the plaintiffs in the above case having beén filed, and no one appearing to resist the permanent appointment of the receivers for the said defendant company: It is therefore considered, ordered and adjudged that Re L. Poston and E. G. Gaither be, and they are hereby Pppointed permanent receivers of the defendant, The R. Me Knox Company, with full power and authority as given by law to continue in charge of the estate and effects of said company, collect the debts and property due and: belonging to said corporation, with power to prosecute gnd defend. ja. the . cece Te Ce ny ontinna name of the corporation or otherwise all suits necessary or oe ee proper for the purposes aforesaid, and pay agent or agents under them, and to do all other acts, which might be done by such corporation that may be necessary for the final ‘settlement of its unfinished business. Judge Presid Worth Carolina,) In the Superior Court. ) Iredell County.) May Term, 1914. J: Re Hill, Rebs aruficld & all other stockholders and exveditors of the defendant ORDER AS TO FILING OF CLAIMS. Company, who may come in and make themselves party plaintiffs, ee eee OT EEE OOOO i OS The Re M. Knox Company. It is herein ordered by the Court: That all persons or corporations holding claims against the defendant, Tne R. M. Knox Company or against the TECC TVEPR tHETEOL -CEaTT “present: Mr HPItIn ys ont PeKe a reer ol the same to R. Le Poston and Lk. & Gaither, Receivers of the said The R. ki. Knox Company at Statesville, North Carolina, on or before the first day of July, 1914, and all creditors or Claimants failing so to do within said time will be barred from participating in the distribution of the assets of the said The R. M. Knox Company; that service of this order be made by publishing it semi-weekly for three successive weeks, to begin not later than the first of June, 1914, in the ‘ ban@mark, a néwgppaper: published in Statesville, Iredell County, ° ¥ Yorth Garoltima. ; oF ea ar ~~ . _ And this cause is retained for further directions. This May , 1914. North Carolina, ) In the Superior Court. Iredell County.) Lay Tem, 1914. Je Re Hill, Re E. armfield and all ‘other stockholders & creditors of the defendant Company, who may come in and* make themselves party plaintiffs, -V s- ) ) ) ) ) ORDER. ) ) ) The Re. Me Knox Company. This cause, coming on to be heard upon the report of Re L. Poston and EB G. Gaither, Receivers of the defendant, The Re lie Knox- Company, wherein it appears from said report that after deducting the expenses incidental to the collection of the assets of saia@ Company there revains in the hm 4s of said receivers at this date the sum of ¥7,540.53: It ie Weretese ordered, considered and adjuiced that satd receivers be, and they are heraby auth riged to re- tain out of the assets aforesaid the sum of $450.00 or $225. each, for.their services as receivers aforesaid, and to pay w. D. Turner, Attorney, the sum of 7500. for his services to the plaintiff,in, cause and as attorney for receivers; and after deducting the aforesaid obey aed ai em aka with any other incidental cost that may act ‘the 2 receivers aforesaid are heréDy authorized ani uireoted to pay the creditors, wio have proved their claims as required by law on or before first day of July, 1914, their pro rata part of whatever balance they may have in their hands. This cause {s retained for ais orders. « Judge bresidi ngs ~- orth Carolina, ) Superior Court. Irodell County.) Lay Term, 1914, Je Ke Hill, Re ke Armfield and all other stockholders and creditors of the defendant company,\ho may come in and make themselves party plaintiffs, -VB8- The Re Me Knox Company. “hereas, on the 2ist day of February, 1914, an order was made by Honoreble B- FP. Long, resident Judge of the 15th Judicial istrict of North carolina, in the above ent?t%e@ chuse, aypetateay® - le Poston and be G. Gaither as temporary receivers for the defendant, The Re Me Knox Vompany, and ordering that notice of service of summons to stockholders and creditors he made, as required by the statute: liow, therefore, notice is hereby given to The Re Le Knox Company, its stockholders, creditors, dealers and other interested in the affairs of the company to appear before the Judge Presiding in the 15th Judicial Dis- triet of the -uperior Court of Iredell County, at Stateeville, Iredell County, North Carolina, at the Court House, on the llth Monday after the let londay in March, same being the 18th day of May, 1914, and show cause, if any they have, why the temporary receivers in the above entitled cause should not be made permanent. Given under my hand and official. seal in Statesville, H+ ©. on this the 24th day of February, 1914, J. Ae Hartness, Clerk of the Superior Court of Iredell Co, North Carolina,) Superior Court, ) Iredell County, ) May Term, 1914, J. R. Hill, R. E. Armfield ye and all other stockholders and creditors of the defendant company, Who may come in and make themselves party plaintiffs, -Vvs- er et ee ee ee ee ee ee” Se The R. M. Knox Company. To the defendant, The R. M. Knox Company: You are hereby notified that His Honor B. F, Long, resident tele of the Superior Court of the Fifteenth Judicial District, has appointed R. lL. Poston and BE. Gs Gaither temporary receivers of said Company, and that you Will appear before the Judge of the Superior Court of Iredell County in Statesville, li. C., on Monday, the 18th day of May, 1914, and show cause, if any you have, why said receivers shall not be continued until the final settlement of the business of said corporation, A copy of the order appointing receivers is hereto attached. This the 7/ day of February, 1914. + The th. TA. lr Utes > 44 ‘1+ Nit hb. be Capy & ‘years A dit arcv We . fT fk (E14 Horth Carolina ,) Superior Court, Iredell County.) May Term, 1914. Je Re Hill, X. s. Armfield and all other stockholders and creditors of the defendant company, Vhomay come in and make themselves party plaintiffs, “Ve The Ke lie Knox Company. ~~ ee ee aa ee a ee eae ei This cause coming on to be heard upon the petition of the plaintiffs in behalf of themselves and all other stockholders andgcreditors, and it appearing to the Court that the defendant, The Re M. Knox Company, is in imminent dancer of insolvency, if not tn fact insolvent: and notice been served on deft. and motion not resisted: It is considered, ordered and adjudged that the defendant corporation be and the same is hereby dissolved, and that Be Le Poston and ke Ge Gaither be and they are hereby appointed temporary receivers of The Re Ms. Knox Company, vho will take charge of the estate and effects thereof, and collect the debte and property due and belonging to said corporation with pover to prosecute and defend in the name of the corporation or otherwise, all suits necessary or proper for the purpose aforesaid, and to appoint an agent or agents under them, and to do all other acts which might be done by such corporation, that ray be necessary for the final settle- ment of its unfinished business: That Ke le Poston and Es Ge Gaither before entering upon these duties shall enter into «a pond in the eum of five thousand dollars, payable to the defendant for the faithful performance of the duties of their office as receivers aforesaid: That a copy of this order shall be served upon the defendant company and notice given to it, to appear before the Judge of the Superior Court of Iredell County, on Monday the 18th day of Way, 1914, and show cause, if any it had, why said receivers shall not be continued until the final settlement of its business. Notice shall be civen to all stockholders and creditors of said Company as required by the statute, This cause retained for further orders, Be Fe Long, Judge Presiding. North Carolina,) Superior Court. Iredell County.) ‘ January Term, 1915. Je N.- Hill, R. EB. Armfielé, et al, stockholders and “creditors, JUDGHENT. -vVs- Knox Company. This cause coming on for final hearing upon the report of E. G Gaither & R. L. Poston, Receivers, which report was duly filed, and it appearing from said report that they have collected all the assets belonging to the defendant company and have paid out all the expenses in- cident to their receivership, and have paid to the creditors of the defendant company fifty per cent of their claims, as per their reports made to this Court, and to the Court here- tofore; and that said per cent paid to the creditors dis- burses all the funds in their hands belonging to the said defendant, and collected by them as receivers aforesaid, and that they have fully discharged the duties of their office acceptably to the Court and the creditors, and that after paying out the funds aforesaid there still remains in their hands the smell sum of $17.91: It is therefore considered and adjudged that they retain the $17.91 as additional compensation for services rendered, and having fully administered said estate, it is adjudged that they be, and are hereby discharged as receivers aforesaid. Ponca hen oS TRE Counrr: J. Re Hill and R. E. arnfield, Va The R. M. Knox Company, E. G. Gaither & R. Le. Poston, Receivers. lift kA, Borek Total Assets $8,290.41 ‘Disbursements Eupenses and 33-1/3 % dividend on approved acte. 6,147.21 —— — ~~ —— — — em ee . Balance on hand Mrs. Re 0D. Moore G. C. Mills J. B. Minnish Vv. F. Moss Re F. Milholland W. C. Perry R. Le Poplin We Ae Robbins by S. Le Robbins Ww. Le Rhyne Bill Stevenson J. C. Sharpe H. C. Sharpe J. H. Steele J. Lee Sharpe A. F, Shoemaker C. A. Turner Parks Tomlin, Harold Woods Jno. Waugh Milton Wiggs J. T. White Le P. Allen Frank Armfield Julia Alexander Carlton Andrews W. BE. Abernethy Alfred S. Armfield Jno. Beaver Vv. B. Byers Clyde Bowie Mre. HM. A. Beaver, Jim Bowie J. Ee. Baxter, E. Le Ballard Thos- Bowie Cc. W. Boshamer, Mrs. J. L. Graham, Mamie Benfield Ben Beaver Demps Brown Suexxkx Silas Boyd Vernon Byers Clyde Brawley Re A. Blaylock P. D. Christopher Oscar Campbell, col. Ed Chappel Leary Cashwell Luther Cloninger W. H. Crawford A. H. Cline Ww. P. Cline James Mac Connolly J. W. Coe Stanley E. Conger Henry Call David Chambers Lizzie Cloer Howard Cowan E. L. Dixon G. We. Dry J. P. Deal Mrs. Ida Deal Dre Je C. Dye Hub Eidson Mandy Eocles Re. W. Elam N. Ae Eidson James P, Flanigan J. E. Fesperman Jno. Flanigan J. G,. Fisher B. W. Freeze J. B. Foster Mrs. Henry Folsom Miss E. B. Flynn Re C. Gouger Lee M. Gaither A. P. Grant Re Ae Gaither W. C. Gass Harry Garrison J. Ae Gunn Mamie Gray Jno” S. Gibson Will Gaither Rev. J. M. Gibbs J. Be. Gatton Ross Garrison J. Ae Gibson Le Be Garrison R. Goodin J. 0. Gaither Shirley Gilbert HN. Le Hogan + J. F. Harbin, G. We. Hair Jno. W. Hatchett O. Ae Hartline Miss Ruth Hoover Will Harris Ww. G. Hair J. Ae Hartness, U. C. Harwell Rev. Mre Hargett RxxKxxHingxx G. F. Henkle A. Ae Harris Charlie Hoover B. C. Honeycutt Frank Houpe Ben Harris A. 3. Holler D. H. Houpe W. Se Holton C. Re. Hartness Henry Houpe R. W. Holton P. Ae Jones Miss Maggie Bustiee James Jenkins ne Bessie Justice Ww. M. Johnson A. Jonkins Cc. Jenkins E. J. J. E. Johnson Chablie Kelly T. J. Kirkman Bishia Knox Jno. Knox R, M. Knox Bonner Kruz Henry Kerr I. E. Killian Je Ee Keller G. R. Lipe Mrs. W. B. Lackey Le C. Lawrence Mrs. Le P. Lackey Pat Linster PF. T. Lyerly R. E. Lippard D. R. Littlejohn Mrs. J. E. Lyerly Wm. McRorie Walter McLain W. H. McKee Harkee McCall Robert McRorie Ollie NcLelland Dr. Ross McElwee A. M,. McLain Lee McLain A. 8. McLain C. 0. Marshall Millard Marshall Chas. Moose OC. P. Munday Miss Dora Matheson We R. Martin Mrs. W. J. Morrison Lonnie Mijls J. A. Murdock C. M. Moose Garlend Munday Will Moore J. Dan Morrison M. B. Marshall E. S.- Moose J. C. Morrison Lizzie Miller A. R. Moore W. G. Moore Willie Morrison Dick Norrison Mrs. Annie Murdock Ralph Mills Jno. Morrison, col A. Nesbit,cob LeRoy Nash J. W. Nicholson Cc. J. Nance J. J. Nicholson Chas. Rash Mrs. Mable Odom W. M. Nibjock Charlie Privette H. C. . Jno. Plott WV. J. Patterson Sam Potts A. G@ Phifer 1.26 8.00 1.00 20.00 2.80(30) 1,00 7.50 10.25 20.05 1.50 7.50 24.90 2.50 1.00 3.00 11.85 50 11.50 1.18 8.50 1.50 $.65 5.75 3.60 4.00 5.00 3.98 +65 4.50 5.26 1.86 4.75 1,10 7.75 2 Reid Patterson Mrs. D. E- Price Miss Tressie Price Jno. Patterson G. We. RObbins Cc. L. Rudy J. B. Rodgers Elmer Robinson Zela Robinson Miss Marie Rae B. J. Ross Jake Robb E. R. Sherrill Wm. Le Smith J. C. Smith F. C. Sherrill L. E. Shormaker Ge R. Smith Le KH. Scott W. Le Saunders H. He. Smith J. Me. Sides Ed Stocktpn, col C. C. Smith Miss Emma Summers Charles Stevenson, col Charlie Sherrill W. E. Sherrill J. Re Smith C. 8S. Lipe W. A. Summers Lee Sharpe T. L. Steele Arthur Sopsom A. B. Sloan W. A. Summers J. We. Steelman’, + i ee Jim Stevenson, col W. Ee Turner G. W. Taylor J. He. Tevepaugh W. D. Thomas Ee R. Teague Mrs. C. L. Vincent Murdie Welman Wess Wilkinson I. C. West Re Le Waugh T. B. Valker Ollie Weaver, Col. Henry Williamson Rathie Warren Tilden H. Williams Le W. Watson Joe White Connie Williams C. A. Westmorelant Mre. G. ¥. Dry Charlotte White Tim Warren, Jr. Miss Nora Williams Everett Wilkinson Daniel Williams Jno. White, col B. P. Young Charlie Young, col Hattie ?. col INVENTORY of THE R. M. KNOX Co., Pil/ ate ’ February 24th 1914. 3.85 150 Boys Collars -90 11.25 1487 Mens ° (133-11/12 dz)1,10 147.31 3 doz. pr. Cuffs, 2.25 6.75 190 Rubber Collars 1.50 23.25 8 doz. Collars «85 6.80 n Ze ; 28/12 doz. polish (shoe) 70 1.87 S=t ° ’ ° +70 15-7/12 doz. Hose, 2.18 33.50 5 ° ° .75 3.75 47-1/3 ° 2.15 101.77 79-1/2 e 1,00 79.50 1-1/6 ° 2.26 2.62 6-3/4 Long Hose, 1416 6.61 6 ® ° 2.25 13.50 5-1/6 ° 1.25 6.46 33 ° . 1.00 37.00 2 Gross Shoe Horns 7-3/4 Wryghts Fleece U W(heavy) 4-5/6 2-2/3 * Union Suits 6-65/12 “Mead. Weight 2-1/2 Wrights Union suits 2 . * * 1-11/12 * . 7 7/12 Wool Suits 11/12 Shirts & Drawers 99 Ide Dress Shirts 35 doz. ° 26-1/4 © 13~2/12 Work Shirts, 10/12 az. Boys ” iy Sa e e 2-1/2 e @ ® 4 doz. Gloves, 9-5/6 doz. 3/4 ° 6/12 7 1-1/2 2 t/a 1 5/6 1/a 1-1/6 doz. Suspendera 7-3/4 * Men's Belts . * Handkerchiefs, 2 déz. Mems Vests 21 Vests 19 ° 2 J 15 a 1 » 5 . “ree 6 OO V0 oO OG i CeOaGe®errnw - 12 17 13 12 14 5 22 16 13 is 5 v 10 } 15 12 23 7 6 1 12 7 2 2 2 5 3 ~ M@nNGYOInGew Ov e2OGas OGL Boys Suits, Suit e Mems Suits 3.50 * as 4.00 4.25 4.50 5.00 5,50 6,00 6.50 7.00 7.50 00 8.25 7.50 8.00 8.50 9.00 9.50 10,00 +90 11.00 11,50 12.00 12,50 18.00 13.25 14.50 15.00 15.26 16,00 16,50 17.00 13960 Men & Boys Overcoats, 9.900 2.50 14.00 4.50 20.00 9.25 33.00 45.50 64400 45.10 5.00 6.00 284.00 32.00 12.75 22.50 65.00 33.00 72.00 1104.50 91.00 90,00 112.00 41.265 165.00 128.00 110.50 162,00 47.50 904,00 163.00 308.00 172.80 144,00 287.50 91.00 79.50 14,00 174.00 1054.00 30.50 32.00 33.00 86.00 40.50 1.80 9,00 11.55 16,00 26.60 13.50 50,00 21,00 6.00 56.25 7.60 33,00 42°50 18400 66.50 30,00 72.50 65.00 223,00 36,00 13.00 Men & Beys Overcoats, . 13.75 an an Coats & Coats & Vests, ~~ 3.00 Pair Mens Pants 735 ® * 790 1,00 1,268 14,50 4.95 2.00 2.50 1.50 1,75 2.00 2.50 2.85 3,00 ‘4,00 3.75 3450: e758 2.00 2,50 2.758 3.00 9,60 4.00 pr Boys Pants 219 ~37-1/2 240 n«50 +75 290 1,00 1.25 5 4 13 40 31 21 16 15 3 9 # 44 ww 32 2 a 46 49 1 3 7 10 198 i7 3 ¥ 27 20 27 1 49 10 ~ cs 1-6/12 Overalls & Jumpers 4 Overall Jumpers 2-11/12 Overalis 3-1/4 r 5/12 © 6 5/12 Boys Overalls 2 doze 7733 * ° " 1 Razor Strap 32-7/12 des Ties, 1-1/6 ae 1-1/2 6 1-1/6 2-1/6 Mens Garters 2-1/8 doz. " 7/42 2/3 ‘ 1-1/2 doz. Sleeve holders, 1-1/8 doz. 4-7/12 Mufflers 19-1/% dez Collar Buttons 2-2/3 dez. ° ° 20 Link Buttons 6 1-2/3 doz. Scarf Pins 14-1/6 1-1/3 doz. Tie hélders 4 doz. Collar fasteners +75 95 Cuff holders 07 71 Stetson Hats, 2.50 23 2.78 . 31 3.50 107 2.50 2.50 2.50 275 . 1,00 1.26 2.00 Stiff Hats 1,00 2.00 + 1497-1 1,97- "3 2.00 1,37-1/2 1.37-1/2 1.50 o37-1/2 5 6 80 68 10 4 3 1 10 4 4 4s ao 31 40 9 1 1 bill of new Straw Hats, 1 doze Mens Work Shirts, ‘ oa dez Wool Work Shirts, 9:00 ys Sweaters «75 12 Mens Sweaters 1.00 ad 75 2.75 1,00 °75 +97-1/2 +76 1,00 Ne YH OOK OH HNN Se DH DAH OO GA GH HWW 1,50 2200 2.50 2.76 3.50 ,37~1/2 1,60 2300 Ladies Sweaters 2.50 Bath Robe, Rain Coats Coats KFeGQrkhKHOrMOQHH /12 doz. Mens Slickers, 1 pair Beys Overshees “A Pair Arecties * Ladies Seach Snoetase Pair Beys Progan Shoes, oo é Pair Mens Shoes Pair Mens Oxfords 9 au a1 35 30 28 8a 38 79 72 8 47 5 26 5s 43 10 25 23 12 A 6 a 7 4 18 - 10 77 95 197 5 7 e°nss 2 pair Bed room Slippers 4 2 22 Pr. Overgaiters 2 1 pair Leggins 4 7/12 doz. Clothes Brushes 2/3 doz. Shaving Brushes 1/3 doz Beltz 3/4 doz. Purses 2/3 doz. 2-1/2 doz. 5/6 1 doz. Garters 6/12 doz. Drinking Cups 1/2 2/3 Hair Brushes 5-1/3 dozP?*Shoe Laces 1-1/2 doz. @6/12 * 3-5/6 doz doz Wool Slipper Soles pair wood shoe forms Mens Umbrellas 4 7 2 5 4 72 11 5 27 — Ladies Umbrellas COOP ONG — 7 Walking Canes 5 1 Bweater 8 Night shirt 1. Work shirt 2-5/6 doz, Canton Flannel Drvrs. 179 Boys Shirts & Drawers a2 " #£=x&%9Union Suits 292 Mens Shirts & Drawers 204 2 Pair Ladies wool Pants 2 6 Cerset Covers 41 Boys Dress Shirts 4-1/3 Dress Shirts 12-1/2 doz. 9-1/2 doz, Elastie Seam Drawers 16 doz.e Boys Hose 11 doz 2426 219 ~37-1/2 236 236 275 +37-1/2 237-1/2 235 8.50 4.50 4.60 1430 2.26 333 eaataoky BSZER3 saras S$8ess * 1,75 1.70 8.00 275 238 6.38 34,01 12400 105,12 105.84 1,50 -76 2425 14,36 36.83 86.25 15.75 20,90 24.76 19 doz. Boys Hese 10 187 Mens Shirts & Drawers 330 ° Mens Straw Hats 3 Ladies Rain Coats 1 Dress Coat Yalises & cuit Cases 12 7 “ 1 Py 2 5 4 2 1 a 3 2 1 1 1 i 1 1 1 i 1 1 1 * 4.25 12 Mems Flastic Seam Drawers As doz Night Shirts & Paj. 9:00 % jis doz x pr Pajamas 8 Mens Summer Coats 13460 4,50 1,00 1,50 1.75 2.78 1 Summer Coat, 14 MeusxGuntz Ladies Coats, 9 Ladies Suits 23 pieces Summer Braid 21 21 9 5 11 4 13-1/2 yds. Linon Crash 23-3/4 yis. Crimolen 12 ydse Canvas 2-1/3 yds, Broadcloth 10-3/4 yds’ Net 2-3/4 yas. Satin 3-1/2 silk 2 me. 20 * * 10 = ® 1 lot Remnant Silks 2-1/2 yds 1 yd. Silk 6-3/4 yds. Morae Silk 2 Feathers 2 ow 3 Beeasts 1 1 e 2 1-1/6 doz. 1/2 doz. Wings ” * 1/12 doz Aigrettes doz Breasts Band Aigrette Feather SHH HR er eH HON HHH OOH OHHH OH ee we Beathers, Aigrette OO D> D> OOF 8 SD Oi OE ee Bee OP OS OE 94 14 00 08 wD Feathers 1 Long Feather Barat Aigrette _ e*eserere nN a *e*e 1 1 a 2 6 1 1 6 < i 4 1 1 1 i 1 2 7 ~ 2 4 2 1 J J 3 4 i 2 1 1 6 2 A + 2 hOakKY HHH OHH A @* @*6*e*@*e@* e+e ere 3$S3823s8 Weanwen » . a te KOGAN Gh eH @ & Feathers Ae HON HH Win OZe guills * . KFANNOA AN ‘« e+e se*@*e*e $S3aSS333 Velvet & Silk Roses eaveoaneare Se* @Setese*aertete*s *e > ° 6 Bunches Flowers 37% 225 65 2 210 Butterflies 1,25 50 Plumes 1,50 1,60 80 pos. Hat wire -10 25 Skeins Perilustre 202-1=2 186 Packs Cambric Necdles.02} 1 pe. Star Briad 1 doz. Millinery Cotton 4 Infants Cap 09 a 215 o7 220 21 230 11 250 29 37% 1 1 2 i 2 i z 3 2 4 2 2 3 a 1 3 1 1 2 1 1 6 9 a 2 7 3 6 SSSSSSSSAS ee **e*e* 3 . **e 33 “*e 1 Baby Cap 4 3 Hoods & Tob 14 Ladies Trim. nave yids Lace * silk Silk Scarf boxes Nem. from Work Room, bolts Ribborm Wire Jet Band Belk Tassels Hat Band 9 4 1 6 1 1 1 7 1 1 2 2 1 4 7 1 1 2 3 1 4 2 9-1/2 yds. Braid 3 Orname ts 6 11 8 2 Hat Bands 12 Ornaments Silk Gords Fur Band -1/2 yds. * Mink Skin Skins piece Veil Hdkfs Pr Shoes Hat PUMP MMOWH HMMM OM MNOS HMeCOORE Pair Slipper Soles 10 Hair Curlers 1 Plume 2 Braid Bands 2 1 3/4 Lace 2 Bands 1 Ornament & yds Ribbom 2-1/2 Belting 178 Ribber 47 nmehes Flowers 3 15 1 Straw Hat 1 1 4-2/3 dez. Hats 6 Ladies Trim. Hats 13 13 Boys & Misses Hats 2 2 10 3 7 2 7 1 1 1 68 2 30 17 24 MM OHMOGENGaeGH He NM t g g° 32$83 33238 74 yds Ribbos @3 5 20 bolts Ribbon 184 yis Velvet Ribbon 27 22-1/4 13 112 164 o7-0/4 yis Velvet 43-3 /4 2-1/4 a Sgpagsrers 2 = é ya + Dress Geods ¢ sa Cheese Cloth Maline Bae7e"F? aé 102-1/4 yds Maline i 40-1/4 1 yard 13-1/4 59 5 OL Veiling 18 18s-1/4 29 22 6 314 2 2-1/4 1 lack Mourning Veil 2 1 1 1-1/2 yds Crepe 10 Ginghams 2 doz. Buckles 3 " Hat Pins 4 Pair Pants 400 lbs. Wrapping paper 1% Cotton ne 1000 Hat Bags 280 Tol@ing Nat foxes 164 Suit Boxes 50 Shade Holders, 7-18) 3 Gal. Disinfectant ‘ 2 barrels oil : 7 Stick files 206 1 Letter file Whisp Brooms & Dusters : 4 Window shelves & ghains 1,00 Wood coat racks 1,00 Heater and pipe Water Ceoler a piece goods display racks 4400 Tie show cases 2,50 stock Hat Roxes +25 Tru& 12-foot tables 2,50 12Z"foot suit ease Chairs, no rockers 50 Straight chair Chair NNe,eM —~ wh Suit oase on Gallery Roumd table Small table Stand amd cover office wer 8&-foot Table 10-foot Tables Table 12-foot Table © * . Small table: Sewing Machine Eis ereminenneg Straw Hat raeks Work case Wall Mirrors 18-36 * 30/66 niin 206 Coat Hm gers @0 Wire hangers 40-5/6 doz. Clothing hangers @feot Show case &-feot Case Wall Hat Case Sad Iron Electric Iron Hamd Mirrors Crown Hat Holders Wood feather holders Metal holders for Glass Window shelves Wire window screens Screen doors 3 Heavy blue shades 18 piece Goods holders ® Display stands 2 Bust forms 2 Wax f en 19 Yood s stands 9 Shirt stands 10 Wood T stands 1 wuffler display stané 32 wood hat stands a Metal stands 1 AASHOKPAKHH HH Dy non @ 24 in. T Stands 18 im Feather racks Folding shoe chairs Foot stands Rubber Mat Glass shoe stands Mirrer Umbrella Case Tack cutter Shoe streteher fland button machine Tlet punches Metal arm display Racks Glass shelves Wood display raeks in window yis. Lenmolinum Suit form Revelving coat racks 12 foot iron suit racks paper cutters eight foot Fleer show cases ' os * wa Belt racks ” Glass Buttom cases Muffler Case Mirror, mo frame, Twine holders, 12-feot Table MOM HMM HaMVIANHE HH ONMNHDANH HHH HE OH NND A tt * #*e*@*e*e* . 833833 3,50 © 12.50 75 40,00 25 e * «25 Ne © ere ba tt at tah ah Ct et tk et td Tables, Hat Rack Common Tables Hat raegy Lace Raeks Spools Folding mirror Cash Register and Open desk Iron safe Table Bysycle Type writer Letter files Stoves Chair 00 Ledger leaves twelwe ft. Tables with drawers,10,.25 Stocking form Sprinkler Rail puller Crowbar Lenolium in Millinery Dept. Stove and pipe office stool Waste basket Hat stretcher Reble Cash Rugister paper Bill Meeks Pint Ink Bexes Pens ACCOUNTS DUE THE R. M. KNOX COMPANY Geo. W. Absher Company, Mrsae Roxie Absher, Gaston Albea, Dre T. E. Anderson, Bal. AO YE William Blackwell, Bal. D. VY. Ball, Bal. Mree Rosa Burrows, Bal. We Ce Breuce, Statesville, #5, Bal. Je Ae Brady, Bal. Re Ve Brawley, City of Statesville, Bal. R, E. Clapp, Bal F. He. Conger, Bal. FP. F. Chambers, Bal. C. Le Duckworth, J. W. Gray, Seo.Bal. C. Es Daniels, Bal T. Le Davidson, Bal. Je We Fowler, Bal. Ce F. Graves, Bal. J- Be. Gill, Bal, Miss Rae Gill, Bal. 4. Ae @Ubson, Bal. Re Je Harbin, Bal Dr, E. Ae Hall, Dunlap, HN. C., Bal J. De Hoover, Bal 8. T. Hubbard, * Mrae Be. Me Hill,* Je Ce Holmes, by Fox, bal, B. Ce. Howard, bal, Je Pe Ingram, ‘balance, W. S. JOhnson, _ W. F. Kilpatrick, * A. Karusos, Owen Leonard, balance, John Lackeyp | a tinebergér, Floyd Lippara, ‘ W. Me Ledbetter, Miss Mary Marshall, Miss Annié ‘Marvin, ‘bal. Mrs. J, Me McKee, " R. D. Moore, G. C. Mills, Be Minnish, bal. Ve Moss, R. F. Milholland, Miller, McLain Supply Co., We Le Neely, We T. Nicholson, Orphans liome, Barium Springs, Jo Po Parke, ‘' wal, ‘ ‘¢@ ” ¥. C. Perry, J. B. Parks, ‘Statesville R-F D Re Poplin, We As Robbins, bal. W. Le Rhyne, Bill Stevenson, Col., bal. Je C. Sharpe, dal, C. Re Sloan, He C. Sharpe, Be Le H. Jnoe F. Steele, bal. Je Lee Sharpe, * Joe Summers, ° Charles Summers, RF D #2, Wess Summers, Col. bal, Ae F. Shoemaker, . Mrse E. Re Simon, Se Me & He Shoe Co, Z,. Ao Turner, Dre Co Ae Turner, Parks Tomlin, Ce H. Turner, Lutishia Tharpe, Me Le Thexler, Harold Woods, bal. Jnoe Waugh, Milton Wiggs, We Re Wiggs, J. T. White, BH. B,. Woodward, Tf Foy White, Le Pe Allen, ? Mrae G. M. Austin, T. Le Adams, Le Ash, bal. Prank Armfield, bal. Mises Julia Alexander, bal. Carlton Andrews, bal. We E. Abormethy, R ED #4, bal, Alfred 8. Armfield, bal. Jno. Beaver, bal, Mts U,la, Scott Barkley, bal. Ve Be Byers, bal. Clyde Bowie, bal. Mree Ne Ae Beaver, bal. Jim Bowie, bal. Je Eo Baxter, bal. Ee T. Ballard, Troutmans, bal. Thos. Bewie, bal. Ce We Boshamer, bal. 0. Brown, for Mrse J. L. Graham, Mamie Benfield, Prof. Je Ne Barron, Harmony, Mrs, Mattie Patterson, Bal. Ben Beaver, bal. Demps Brown, bel. w. B. Brawley, bal. Jno. De. Bowie, bal. Silas Boyd, bal. Vernon Byers, Tf. HN. Brown, bal - Clyde Brawley, Hickory, O. Re Brown, bal. Re Ae Blaylook, bel. F. B. Bunch, bal. Le Co Caldwell, bal. Dre A. Campbell, " De. Le Collie, bal. C. T. Curlee, bal. Dre R. Ae Campbell, bal. P. D. Christopher, bal. Re P. Cook, bal. R. Be Cloer, High Point, bal. Oscar Campbell,col. bal. Ed Chappel, bal, Leary Cashwell, bal. Lather Cloninger, : B. ‘Clodfelter, Scotts, Bal. $10.00 W. He Crawford, 265 A. He Cline, bal 4.50 We 8. Clendente, bal. 12,00 W. Pe Cline, Troutmans, 3,50 ¥ James Mac Connolly, bal. 8,25 Ben Cresly, -50 Mrs. Us Re Connolly, by Horris, bal. 1.15 Je W. Coe, bal. 1.00 Stanley ‘E. Conger, bal. 10.42 Henry Call, % Charlie noss, bal, | 1.28 Dawid Chambers, bal- 2-50 . ‘ 7,48 Miss Manerie Curlee, bal. §.25 Liszie CYoer, bal, | 1,00 Howard Cowan, bal. Hertersonville, KC | 14,86 We Te Christopher, hal. 1,50 Creedmore Bros. (Charles) bal. on... T. Me Dale, bal 6.00 F. Le Dixon, bal 1.50 soi / ‘ ‘ / G. W.' Dry, Elmwood, bal 3.00° / J. M. Deitz, bal 3.50. Je Pe. Deal, dal 93.50 Mrs. Ida Deal, bal 1,00 Dr, J. C. Dye, bal 8.50 O. W. Elam, bal 3.50 Hud tideon, nF D4 | 2.50’ ‘ rs? Mandy Ecoles, bal .50 2 H. Me Bubanks, bal 8.75. Re We Elam, Winston-Salem, Bal, 17.50 MN, As Eidson, RF D4 dal 2.00 Sam Fowler, bal -50 a? ‘ James P, Flanigan, ‘bal 6.50 ° Je Ke Fesperman, bal 6.55 4 Ge Es French, bal, 1,00 ; dnoe Flanigan, bal, Je G Fisher, bal, B. We Freeze, Jo Bo Foster, bal Mrs, Henry L. Fojsom, Greensboro, bal, Mises E. Be Flynn, bal Qe Me Goodman, Cooleemee, bal Re C. Gouger, Cartersville, S. C. bal Ae F. Gaither, bal Ae Grant, bal We B, Geodin, Stony Point, bal Re Ae ¥ Gaither, bel, W. Co Gas, bal Henry Garrisen, bal. Je Ae Gunn, bal Mammic Gray, Gol. bal dne- 8. Gibson, Statesville #2, bel Will Gaither, Couneil, N. C., bal Rev J M Gibbs, bal Ernest Gillelamd, bal Robert Goodin, bal Joo Guy, bal, J. Be Gatton, bal Ress Garrison, Rock Hill, bal J. Be Glever, bal, Je Ae Gibson, bal we CEs 88 £8 Atlanta, Ga. Le Ee Garrison, 123 So. Bryar St. bal, C. Re Gaither, bal Ralph Gaither, bal R. F. Goodin, bal Je O. Gaither, bal, Shirley Gilbert, bal Ne Le Hogam, Chattanooga, Tenn. Bal Jo Fo Harbin, bel Go W. Hair, Elmwood, bal Jno. W. Hatchett, * O. Ae Hartline, bal Miss Ruth Hoover, bal Will Harris, bel, We Ae Hamlet, bal W. GG. Hair, Mooresville, bal Je Ae Hartness, bal R. 0. Harbin, bal, U. C. Harwell, Big Stone Gap, Va, bal 24.60 Rev. Mre Hargett, Canton, HN. C. bal. 5.00 W. H. Hartsel, bal 7.50 eke Mad Dre We Je Bill, bal 25.00 Re H. Hynes, *Dr. Anderson, Morganton, 4.00 @. F. Henkle, bal 5.28 Re. U. Barres, RF D #4, val 5 10,00 J. Ae Bubbaré, bal 10,65 Ae Ae Harris, bel 8,75 Charlie Hoover, Cel+ bal, 1,00 D. C. Buneyoutt, bal 2,00 Frank Houpe, bal 4,50 Ben Harris, Pufola RF D 8.50 A. J» Holler, bal 10.26 De BH. Houpe, RF D&B, bal 2.50 We 8. Holtem #4, bal 4.00 C. Re Hartness, bal 2.00 Hemy Houpe, bal 20.48 Re W. Holton, bal 50 Miss Bell Hair, Elmwood, R F D 8,20 Pe Ae JOnes, bal 1,00 ‘ Miss Maggie Justice, bal | 5.20 Miss Daisy Johnston, bal James Jenkins, bal D. We. Jenkins, bal Miss Bessie Justice, bal We M. Johnson, bal Ae Jenkins, Chattanooga, Term. bal C. Le Jenkins, bal Ee 8. Johnson, bal Je Pe Ingram, bal Je Ee J@imson, Charlie Kelly, bal T. J. Kirkman, bel Bishie Knox, Col. bal dames Ae King, bel gnoe Enea, RF DP Re Me Knox, bal, Bonner Enea, bel. Benry Carr, bal Ie BB. Killiam, Charlotte, bel J. Ee Keller, bel Miss joefhine Kerr, # Dre Carpenter, bal Mrae We Ge lewis, bal Ge Re Lipe, Mooresville, Mrae We Be Lackey, bal Le Ce Lawrence, bal hep Mree Le P. Lackey, bal Pat Leinster, bal Je Ue Lampreeht, bal RB, Harden Lazenby, Harmony, bel ¥. T. Lyerly, bal o Re Eo Lippard, bal Do. R. Lattlejohn, bal Mrae J. Ee Lyerly, bal William McRorie, Conover, bal Walter Molain, bal . We. H. McKay, Charlotte, bal Harlee McCall, bal Je 8S. McRorie, Ollie McLelland, col. bal Dre Ross McElwee, bal RFD Ae M. MoLain, # R. P. McLain, Hiddenite, Lee Melain, bal Ae 8» McLain, Molin, Ill. bal C. O. Marshall, bal Millard Marshall, bal Chase Moose, ©. P. Munday, bal Miss Minnie Morrison, Scotts, Miss Dore Matheson, We Re Martin, Mill Bridge #8 C, Mrs. We a Morrison, BN. Se Mason, #4, bal Re Le Morrison, Loray, bal Lonmie Mills, bal Earl Moser, bal O. Ae MiteheBl, bal Je Ae Murdoek, bal C. M. Moose, bal Garlend Munday, bal Will Moore, Statesville #4, We P. Morton, bal Je Dam Morrison, bal M, B. Marshall, bal Ee 8. Moose, Anierson, Ini, T. D. Miller, bal Je Ce Morrison, bal Lizzie Miller, Col. bal sd 6d Ae Re Moore, bal ‘ y ae We Ge. Moore, bal Wrre ilorrisen, ‘bal 2 Dick Morrison, bal R, S, Millsaps, bal ¢ t Mra, Annie’ whirdodit, Yea ; Ralph Mills, bal / T. D. Moore, Olin, bal fe Txx, XKEERSRON;XBATX John Morrison, Col. bal Ae Nesbit, ‘Gol; ‘bal ‘7 LeRoy ‘Nash, bal Je Ws. Nicholson, deceased, — dal /aaddia C. J. Mantz, Je Je Bicholson, Chas. Nash, bal A. C. 0 Stony Point, Bal rss Mable Odem, ‘Len oir, bal We de Neblock, , bal Rarlingtems B.C. Charlie Privett, nF p #2 He. ©. Privett, BR ¥D a Miss Bettie Page, bal Jno. Plott, tifola, W. J. Patterson, bal Sam Potts, bal A. @. Pheifer, bal Reid Patterson, bal Mras De E.' Price, ‘‘’ Mises Tressie Price, ‘val Penton, Wasson Go., bal Jno. Patterson, ‘bal ‘ G. W. Robbins, bal Montezuma, x. C. C. Le Rudy, ‘Selby, Ne. C. Bal J. Be Rodgers, bal , é ‘ 4 Elmer KObinson, dal sities iyi Je Ae Revis, bal é a Zela Robinson, bal Miss Marie Ray, Greensboro, B. Je Ross, Jr. dal ‘ 4 ; i Je O-« Rogers, % Mrsae Lula Pe resville, N. C. Jake Robb, % D. Es Robb, bal Ke R. Sherrill, ‘bal Wm. L. Smith, Elmwood K F D bal ‘19,08 a6. eee “ee F. C. Sherrill, ‘bal E. Shoemaker, bal ‘ te $44 G. R. Smith, Atookton St. City, ; J. Shepherd, ‘bal ‘Le X, Scott, Statesville #6 Me FW. Sherrill, bal CG. &. Sloan, bal ~ 4a? ¢? W. Le Saunters, bal H. Hy Sith, bal J» Me Sides, | Ba Stockton, col, Ge C. Smith, Elmwood R F D Lon Stevenson, Col, R F D #4 R. K. Scroggs, Gastonia, Chas. Stevenson, col. bal Charlie ‘shérrill, bal fi) ae : ' is W. Ee Sherrill, Pufola, RF D 1, 61,40 . ‘44 Je Re Smith, dal C. 8. Ldpe, Taylorsville, ‘ Jas. ‘De Summers, ‘stony Point, / ‘ a ‘ We Ae Summers, Lee Sharpe, ‘‘ Ben stimpson, eh .|* / 8.50 ‘ 4,00 % Peter R ours’ . ¢ 7,085 — 23,50‘ / . etd 7.50 ‘ ‘ inf 3.15" 4 i 4 fi ~Ishd 3,85 2.25 4.50 ‘dd é¢ , he 5.50 15,13 '° * 4,50 o? / 12.50 oe 16,86 2.50 sid 47 dd ‘¢@ 12,50 7,50 4444 3,50 se 444¢é 3,00 * 50 , ad.76 |‘ *! * ¢+a7 ’g 4.85 4250" ré (a7dd¢ 3.90 aa.es |’ ‘fj ‘dd / 12,00 1,50 . * tygedd 12.96 . ‘¢@ i e# fT. Le Steele, bal arthur Sopson, Col. by J H Gray, 4. B. Sloan, We Ae Summers, # W HH hier Je We Steelman, bal We Je Stimson, bal Mise Lema Swann, bal B. Pe. Smith, Troutmans R F D Jim Stevempon, Col, RFD 4 Més. Nettie Terry, bal We Ee Turner, bal @. W. Taylor, bal Hurst Turner, bal Ce Se TomJin, bel Miss Lilide M. Temlin, J» WU. Tevepargh, We D, Thomas, bal Ee Re Teague, Stony Point, Mra. Co le Venson, Sexiuxta Merdie Velman, Vees Wilkinson, bal Ie Co West, bal Re Le Waugh, Treutmans, @ B. White, T. Be Walker, Ollie Weaver, Col. Le He White, bal Henry Villiamson, 814 Waugh, Troutmans Rathey Varren Tilden H, Williams, bal Le We Watson, bal Joe White, bal Connie Williams, col, bal GO. Ae Westmoreland, Mt, Ulla, Mrae Ge We Dry, Elmwoed Charlotte White, bal Tim Warren, ar. A bal NM. C. Wood, bal Krider Woods, bal Miss Bora Williams, bal Everett Wilkimsen, bal Daniel Williams, Jnoe White, Col. Re T. Weatherman, Atty. gno, Walker, order in Mayors hands, B. P, Young, bal Charlie Young, esol, We Re Zeigher, Ostwalt, ee eee Hattie Young, Col. J. Ae York, Bufolea RFD #1 bal Dre Ee. M. Youmt, bal ACCOUNTS DUE by THE R. M. KNOX COMPANY FEBRUARY 24TH 1914 County tax fer year 1913, City tax for year 1913, James R. Fill, Re Ee Arrfteld, David Adler & Sons Clothing Co., Milwaukee, Wis. Geo. P. Ide & Company, New York, Hew Nork Millinery & Supply Co., Armstrong Cator Co., Lathenburg-Webster Co., filtimore, Geo. P. Ide & Co., New York, N. Y. Kahn Tailoring Co., Indianppolis, Ind, Strause & Bres., Baltimore, Mareus Loeb & Company, Atlanta, Ga- Eteherson Hat Oorpany, Nichmond, Va- W. H. Miles Shoe Co., Richmond, Va- Kaufman & Company, ° ” Brewm Shoe Company, Saint Louis, Me. Strauss Manufaeturing Co., Baltimore, Md. Frankel Brothers, New York, The Royal Taglors, “ * Rubber Co., Baltimore, Md. Wilsen Brothers, Chicage, I1l BH. C. Colm & Co., Rochester, N. Y.. Charlotte Clothing Mfg. Co., Charlotte, N. C. Mess- Burley & Stevens, Kewhurypert, Baltimore Bargain House, Baltimore, Md Tobies, Baker & Ce., Baltimdre, Ma. Elieworth & Thalm Mig. Co-, Milwaukee, Wis, 8. P. Nelson & Sons, Cincinnati, 0. Ohio Rubber Co., Cincinnati, 0°. Curlee Clothing Ge., Saint Louis Mayfield Woolen Mills, Mayfield, Ky. Hickery Glove Mfg- Co., Hickory, N. C. Seward Trunk & Bag Co., Petersturg, Va- Hamiltom Millinery Co., Charlotte, NW. C. Hamburger Bros., Baltimore, Md- D. S. Wallerstein, Baltimore, Md- Carrall Adam Company, Baltimore, The, Samuel Aceh Co., Cincinnati, 0, Cheney Brothers, New York, Carter Webster & Co., Baltimore, Md, Seigal Nothehild & Co., ? Trell Shope Hosiery Co., Philadelphia Merrimack Mf g- Co.,, New York, BR. Ye E. J. Vom Gal Hat Co., Danburry, Comm. Adelson Bros., New York, BE &M Heischler & Co., Norfolk, Va Leum Brothers, Baltimere, American Hat & Cap Works, ClevelamdWhelehill Co., Newburg, K Y Tambacker & Bomow, New York, HN. Y. Guggenheimer Co., Lynehburg, Va. Batham Treuers & Bro., Kew York Hi, W. Roundtree & Bro., Richmond, Va Mess. Ades Bros.,, Baltimore, Md. Richmond Dry Goods, Co., Richmond, Va Watts Bros. Co., Lynchburg, Va. Nickerson Bros., Philadelphia Demkolman ff Bupert Co., Baltimore G. Ae Zerekel & Co., Baltimore New York, 157479 223.10 120.99 78.40 768.50 682.18 290.02 634,61 102430 193416 60.35 867.79 112,50 53.75 192.12 35.51 198.60 161.50 341,00 56,80 103400 74.05 49.41 44.95 147.30 250.50 100.00 34,60 76.44 25.00 237.00 281 14,15 17.75 24.32 80,31 218,64 22232 72.64 44.48 58.07 37.40 27.96 266.60 21,00 ' 77.00 168,57 262.50 29:00 68,50 199,50 99.82 417.00 30416 57.00 266,41 221;70 3.76 11,65 79.00 Se Syorarieie & Co., 602 Broadway, X.Y. Cex Hat company, Bristol, Tenn Regal Nain Coat House, New York Sol W. Mats, Philadel phia Americam Starr Suspender Co., Kew York, The Watts Company, Charlotte, N. C. Morrison Ricker Mfg. Co,, Iewa Head Lipseomb McCergick Co., Bristol, Va. Palmers Somers Co., Chattanooga, Tenn, Clarke Hetehisem Co., New York, Selz Schwob Co,, Chicago, Ill. Hamilton Brown Shoe Co., St. Louis, Mo. Je Le Greemhouser & Sons, New York Durham Notiom Co., Durham, N. C. Le Heilmam &@ Co. New York, N. Y. Hartford Neekwear Co., New York Peters Shoe Co.,, Ste Louis, Chas. D. Land Shirt Co., Baltimore, Michael Sterns Co., Levy & Marcus, Merchants & Farmers Bank, 41.25 80,65 107,46 42,50 23.76 33,40 61,25 78.00 100,50 90,80 74.65 69.85 337,00 73.50 206.55 28,00 58.80 69,60 317.26 18,00 3070.00 ¥/422 4 S7 We : ailr~eh/ bkukl wy Am prety proce m/ oie y Ld, EES > ee Ae Otis ay Hs Se ae ys z. . ha JNii—ark G, GAY SG GH cnc. Ghat —emipy 5. taste: Ben Pint teed t Aes f pnw o,/F1Y, Original Summons, or names therein . . Order for enlarging time of pleading Interlocutory Orders Caveat to a Will, entering and docketing Iesuing Commission. . pew aly G lel ealy @ 326 se Affidavit, ittcluding Jurat and rae ad ky bees ad Appeal to Supreme Court, including Certificate and Seal 2.00] | | Transcript to Supreme Court. . . . copy sheets,each.. .1of,...| fff. CIVIL DOCKET. BILL OF GOSTS--GIVIL. ( As Fixed by the Code.) ——S——E—oN=E—=>R@=E—E>E=—2{REEEE iaeiepsiathdaneinicdciieatpicinien SE TE hci Receiver 1915 Receiver 1915 ¢ \s THIS AGREEMENT Made and entered into this the Jf aay of April,1913, by and between Solomon Construction Company, a Onrnere ation, duly and originally created, organized and existing under, and by virtue of the laws of the State of North Caroline, with its principal place of business and office at Charlotte, in the State of North Carolina, party of tho first part, (pereinaftor designated | the Gontractor), and the County of Iredell, State of North Garolina, / party of the second pert,(hereinafter designated the Owner); WITHESSETH: That Solomon Construction Company,Contractor, party of the first part, in considerstijpn of the agreements herein made by Iredell County,Owner, by and through its Board of Commis- sioners, agroes with the said County of Iredell,Owner, as follows: ARTICLE 1: The said Solomon Construction Company, Con- tractor, party of the first part, shall and will provid. all the materials and perform all the work for the erection and completion of the New County Home for the aged and Infirm of Iredell County, _ eituated upon what is kmpwn as the County Home property, near Barium Springs, North Carolina, as shown on the drawings and de-~ gcribed in the specifications prepared by Wheeler & Stern,Architects, which drawings and specifications are identified by the signatures of the parties hereto, and become hereby a part of this contrect, denominated plans #583. Seid work performed and material furn- ighed in the construction herein to be under the inspection of, and and approved by the said Wheeler & Stern,Architects. Said construction to consist cf White Quarters(1); Dining Common (2); Colored Quarters (3); Asylum (4). ARTICLE 2: It is understood and egreed that seid Solomon Construction Company, Contructor, is to receive und use in the construct@bit of said buildings the brick furnished by the County of Iredell, delivered om the ground at said buildings ,and account to the owner ,for the same in the payments made by it, at the price of $7.00 per thousand, said brick so received and used gre for ee side work. i € 4 It is further understood and agreed that the said Construction Company, Contractor, shall veeei¥e from the Goumy 4 7) of Iredell, Owner, delivered and utilized in the construction of said buildings, all lumber, which the owner may have suitable to be used therein, peying the Owner therefor $18.00 per thousand) to be paid for by the Construction Company, Contrector, before any final settlement between the parties hereto ,growing out of the construction and erection of said County Home for the Aged and Infirm. ARTICLE 3: It is understood and agreed by and between the parties hereto that the work included in this contract is to be dome under the direction of said Architects; and that their decision as to the true construction and meaning of the drawings and specifications shall be final. It is also further understood and agreed by and between the parties hereby that such additional drawing and inspe:tion ag may be negestary to detail and illustrate the work to be done are to be furnished by the said Architects, and they agree to conform to and abide by the same, so far as they may be consistent with the purpose and intent of the original drawings and specifications. It is understood and agreed that all dravw- ings and specifications prepared for the purpose of this contract by the Architects, are and remain their property; and that ell charges for the use of the same and for the service of said Architects are to be paid by the Owner. ARTICLE 4: @o alteration shall be made in the work, except upon the written order of the Architects. The amount to be paid by the Owner, or allowed by the Contractor by virtue of such alterations to be stated in said order. Should the Owner and Contractor not agree as to the amoust to be paid or allowed, the work shall go om under the order required above, and in case of failure to agree, the determination of eai4 amouht shall be referred to arbitration as hereinafter provided. i : ARTICLE 5. The contractor shall provide sufficient safe and proper facilities at all times for the inspection of the ge work by the Arehitecta, or their authorized representatives; shall within twenty four hours, after receiving notice from the architects to that effect, proceed to remove from the grounds or buildings all material condumned by them, whether worked or un- worked, and to take down all portions of the work, which the architects shall by like written notice condemn as unsound or improper, or has in any way feiled to conform to the drawings and specifications, and shall make good all work damaged or destroyed thereby. ARTICLE 6: Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or have materials of the proper quality, or foit in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the Architects, the Owner shall be at liberty, after three days written notice, to the Contractor, to provide any such labor or materials, and to deduct the cost thereof from any money thon due, or thereafter to become dune to the Contractor under this contract, and if said Architects shall certify that such refusal, neglect or failure is sufficient -to justify the Owner, shall also be at liberty to terminate the timployment of the contractor, and enter upon the premises, and take possession of, for the purpose cof completing the work, al] material and employing any other person or persons to finieh the work, and providing the material therefor, and in case of such discontinuing of the Contractor from employment, said Contractor shal) act beteR- titled to receive any further payments under this contract until the work shall have been wholly finished, at which time, if the unpaid balance of the amount to be paid under this contract shall exceed the expenses incurred by the Owner in finishing the work, suclt excess shall be peid to the Centractor, but if such expenses shall s- exceed such unpaid balance ,the Contractor shall pay the differance to the Owner. Any expenses incurred by the Owner as herein pro~ vided in furnishing material or finishing the work and damage in- curred through such default, shall be certified by the architects, and their certification shall be conclusive upon the parties. , ARTICLE 7. Said Contractor shall complete the work herein agreed upon between the parties not later than Januery 1st,1914. * ARTICLE 6. Should the Contractor be delayed in the prosecution or completion of the acte to be performed by the neglect or default of the Owner or the Architects, or any other person employed by the Owner upon the work, or by damage caused by fire or other causality, for which the Contractor may not be responsible, or by an unlawful combination of workmen not occasioned by or resulting fron the default or collusion of the Contractor, then the time herein fixed for the completion of the work, shall be extended for a period equi velent to the time lost by reason of any, or all the causes aforesaid, which length of time, shall be determined by the Architects, but a claim for extension shal) not be valié unless reduced to writing and presented to the Architects within 49 hours after the occurrence of such delay. ARTICLE 9: fhe Owner agrees to provide all labor and materials essential to the conduct of this work, not inoluded in the contract im such manner as not to delay ite progress, and in the event of failure to do so agrees to re-ipburec the Con- tractor for such loss, and said Contractor agrees that if it shall delay the progress of the work, so as to cauge tne loss for which the Owner shall become liable, then it will re-imburse the Owner for such loss, and if the Owner and Contractyr fail tt agree upon the amount of lcse, if any there be, the determination of the emount shall be referred to arbitration as hereinafter provided. ARTICLE 10, It is hereby mutually agreed between the “ar gh .. ¥- parties hereto that the sum to be paid by the Owner to the Contractor, for said work and material shall be fwenty Three fhousand and Hine Hundred ($23,900.00) Dollars, subject to the , @ifferonce andi deduction as hereinbefore provided for brick and lumber, and that such sums shall be paid by the Owner to the Contractor ,in current funds , and only upon the certificate of the Architects, as follows: fhat is to say, at the end of each thirty days(30) after the cammencement of said buildings, eighty per cent of the price for the material actuslly delivered upon the ground, and eighty per, cent of the labor actually performed. he final payment shall. be made within twenty days after the completion of the work inclué@ed in thie contrect, and all payments shall be dua when certificates for the same are issued. If at any time there shall be ovidence of any lien on} claim ‘ for which the Owner of said premises may become liable, and which is chargeable to the Contractor, the Owner shall have the right to retein out of any payment then fue, or thereafter to '‘becond due am amount sufficient to completely indemnify the Ofner against such lien or claim, should there prove to be any such claim, after all peymente are made, the Contractor shall refund te the Owner all moneys that it may be compelled to pay in discharging any liens on eaid premises and made obligatozy in consequence of jthe Contractor's default. \ ’ ARTICIZ 11. It is further mutually agreed befween the © j . ) parties hereto that no certificate given or payment made under » i. this contrac?, except the final certificate or final peyment shall be conclusive evidence of the performance of aid can- tract, either wholly or in part, and that no payment shat Vee comstrned to be an acceptance of defective work or shone \t materials. oy * f ‘ ARTICLE 12. ‘he Owner, shall, during the progress of the work, maintain ineurance on the same against loss or damage by -B= a enn fire in such amount as to protect the Contractor from loss as ee the work upon said buildings progress, the policies to cover nears Aa all work incorporated in the buildings, and all materials for the same, in and about the premises, payable to the parties hereto, as their interest may appear. ARTICLE 13. In the case the Owner and Contractor fail to agree in reference to matters of payment, allcwance or loss, or should either of them dissent from the decision of the Architecta, within ten days of the announcemont of such decision, then the | matter shall be referred to & Board of Arbitration, to consist \ of one person selected by the Owner end one person selected by \ the Contractor, and these two to select the third. The decision of any two shell be final and binding upon the parties nerete, each party paying one-bralf of the expense of such reference. fhe seid parties their successors and assigna do hereby agree to the full performance of the covenants hereinafter con- teined. ARTICIE 14. It is understood and agreed that the Owner shall , at its own expense, instell in said buildings all plumbing, sewor, water and heating appliances. The Contractor to wire the gaid buildings. \ :™ IN WITHESS WHEREOF, the said County of Iredoll has duly executed this contract under ite Corporate seal , bg ite Chairmen M.A. Peimater; and the Solomon Construction Company, has caused ite President to execute the same under its seal, ané the execu-/ A tion thereof to be attested by ite legal Secretary & Preasurer. | / IREDELL COUNTY By lon. ¥ ° 6 car o OS A ~ | , be i 1e Worth Carolina, Iredell County. Lon G. Cruse Company vs Solomon Construction Co., To the Board of Commissioners of Iredell Co., You will take notice that the Solomon Construction Company, contractors, now building several houses for the purpose of the County Home, situated near Troutman, NW. C., is justly indebted to the undersigned for work, labor and material on said houses to the,amount of Six Hundred and Seventy ($670.00) Doliars, as will appear by statement herewith sent, and you will further take notice that the undersigned claims their lien upon the said houses, and upon the real estate upon which they are situated,for the aforesaid amount. Dated this the 29th day of January, 1914. heat lhe cares scicee <“<—<«<<—<—8- & ee eee ee me om me © CLYOR A. OYUCHWORTH @e2onenk A. OmiTtH LAW orricags DUCKWORTH & SMITH 406-407 REALTY BUILDING CHARLOTTE, N.C. PHONES: Orrice 2173 Reasioanca,. 2860-4 March 18 + 1914 * To the Board of Commissioners of Iredell County, Statesville, N.C. Gentlemen: IN RE CLAIM LONG G CRUSE COMPANY VS SOLOMON CONSTRUCTION COMPANY. Six Hundred and Seventy Dollars, ($670.00) for labor and material furnished in buildings, as per notice filed January 29.1914. The above entitled claim remains unpaid. Proper legal notice was filed with you for protection, as we suspected the Solomon Construction Company was insolvent and would likely go into the hands of a receiver, this being the reason why this notice was filed, there- fore, we expected you to protect us for this amount. We understand you have paid over to the Solomon Construction Company some money since this notice was filed. We presume you knew what you were doing and have held back the full amount to pay our claim. Will ask that you send check for this amount by return mail, as it is past due and you have had proper notice. cas/ée | NORTH CAROLINA, IN THE SUPERIOR GORRT, MECKLENBURG COUNTY. TSescsesssssesssesssssssssssssssssse John Bass Brown, Plaintiff, --VS-- *- CERTIFICATE OF CLERKse*# Solomon Construction Company, Defendant, sssests TO WHOM IT MAY CONCERN: I, C, C, Moore, Clerk of the Superior Court for Mecklenburg County, do certify that the annexed copies of summons; order appointing temporary receiver; bond of receiver; order appointing permanent receiver; report of receiver, and order to bring suit; in the Action in which JOHN BASS BROWN is plaintiff and SOLOMON CONSTRUCTION COMPANY ia defendant, which said Action ie now pend- ing in the Superior Court of Mecklenburg County, are true and correct copies of the originals thereof, and each of them, on file ee LECCL eye a } e perior rt for Mecklenburg County, in this office, State of North Carolina Superior Court, County of Mecklenburg To the Honorable Superior Court of Mecklenburg County: Your Receiver reports that the principal asset of the Solwmon Construction Company vonsists of a claim against the County of Iredell, balanee due on eontract for construction of a county home and hospital; that said claim amounts to the sum of $1700.00; that since the appointment of your Receiver in this action and since he has made demand on the county of /redell for payment of said balance, the said county of Iredell has paid to one, Lon G. Cruse, e@ subcontractor on said work, the sum of $670,00 in full of his demand for services rendered; that there are now outstanding, claims against your Receiver amounting to game $2500.00 for work and material furnished for this job; that the county of Iredell offers to settle with your Receiver for the sum of $758.75, the amount it claims to be due; Your receiver prays the court for authority to bring suit against the cowmty of Iredell for the full amount of the balance due on the ground that the caunty of Iredell had no right or authority to pay said gum of $670,00 to Lon G. Cruse, thereby creating a preference to the prejudice and loss of all the other creditors of the Solomon Constructian Co, Your Receiver further says that he has some $500.00 in his hands, This the 20th day of July 1914, Signed (2) Upon consideration of the foregoing report and motion it is adjudged and ordered that said R. S. Hutchison, Receiver, be empowered to enter suit on said claim as aforesaid and to give such bond as mey be necessary to bring such suit. (Signed) Thos, J. Shaw, Judge Riding the 14th District, THE STATE OF NORTH CAROLINA, ) --##%-- IN THE SUPERIOR COURT. MECKLENBURG COUKTY. Plaintiff, -vs- CN CON CTION ? Defendant. THIS CAUSE coming on to be heard further upon sworn complaint of the plaintiff heretofore filed in the above entitled action, and it appearing to the court that R, S. Hutchison, by an order @uly filed in the cague, was appointed temporary receiver, to take charge of the property and assets of the defendant corporation, with all the authority conferred by law on receivers; and it appearing further that en order has been previously made, requiring that the defendant show cases before me, at Charlotte, said County and Stete, on the 18th day of February 1914, why said reéeivership should not be made permanent, a copy of said order appointing said temporary receiver and requiring the defendant to show cause having been duly served on said defendant corporation; and it appearing further that said defendant has failed to appear and show cause why said receivership should not be made permanent, and the said corporation is insolvent, and has suspended its business for lack of funds, and that it is more advantageous to all creditors and stockholders that said receivership be made permanent, so that none of the creditors of eaid corporatian sheuld receive any preference on their claims aginst said corporation; now, therefore, : OM MOTION of Shannonhouse & Hones, attorneys for plaintiff, it is ordered and adjudged by the court that the said &, 8, Hutchison, be and he is hereby appointed permanent receiver for said defendant (2) corporation, Solomon Construction Company, and that he retain in his hands all the property of the ddfendant corp@ation, of every kind and description, which he took charge of under said first order, and that as such receiver he ehall heave full power and authority to demand, sue for, collect, receive and take into his possession all other chattels, rights, credits, moneys, effects, lands and tenements, books, papers, choses in action, bills, notes and property of the said corporation, whether said property is encumbered with mortgages or other liens, or in the possession of other persons, or to be peid to the said corporation by other pers™ms, and the said receiver shall have the power to inatitute suit for the recovery of any amd all property, of every kind amd description, damages or demends existing in favor of the corporation; to appoint agents under him, and to do all other acts which might be dame by said corporation, if in being, that may be necessary for the final settlement of the unfinished business of said corporation. And the seid receiver is authorised and empowered to carry on and complete any contracts for work which the said corporation hed undertaken before the filing of the application for the appointment of temporary receiver, to assign seme to som third party, if he deems it for the best interests of the said corporation and the creditors thereof, and to do any and every act necessary to the complete winding up of the construction work of said corporation, Try said receiver shall have the power to settle the affairs, sell and convey the property of the corporation, either at public or private sale, in percels or in bulk, and in such manner as may seem to him best, making report of said sales and camtracts to the court, as by law required, The said reodiver shall be required to execute a receiver = bond in the sum of Twenty Five Hundred ($2500.00) Dollars, with good (3) and sufficient surety, to be approved by the Clerk of the Superior Court of Mecklenburg County. Until the execution of said bond, the bond heretofore executed by him as temporary receiver shall remain in full force and effect, All acts heretofore done by the temporary receiver, not contrary to the order appointing him as such, are hereby, in all respects, confirmed, The said receiver, according to law, within thirty days, will lay before the court a full and complete inventory of all the estate and property of the corporation, its nature and probable value, all accounts due by and to it, as nearly as the same may be ascertained, and make a report to the Superior Court of his pro- ceedings at every civil term during the cootinuance of the trust. THIS the Srd day of March, A. D. 1914, et Charlotte, Mecklenburg County, North Carolina, State of North Carolina, In the Superior Court. County of Mecklenburg. John Base Brown, Plaintiff, vs Solomon Construction Company, Defendant. et ee ee et et ee eel See ee In the above entitled action, Hon, W. J. Adams, Judge of the Superior Court of North Carolina, having appointed Robert S. Hutchison Temporary Receiver of the SOLOMON CONSTRUCTION COMPANY the defendant corporation, and requiring him before acting as such receiver to give bond and undertaking with good and sufficient gurety in the eum of $2,500,00 dollars, conditioned for the faithful performance of his duties as such Temporary Receivers and for his obedience to all orders of the Court in said cause and otherwise conditioned accarding to law: Now, therefore, we, Robert S. Hutchison ag principal, and the United States Fidelity & Guaranty Company of Baltimore, Ma. as surety, do undertake and become bound to the.State of North Carolina and to the deferdant in the above entitled action in the penal sum of $2,500.00 dollars, to the payment of which well and truly to be made, we bind ourselvéesp our heirs, executors, administrators and firmly by these presents presents. Sealed with our seals and dates this 10th day of Feb. 1914, : The condition of the above obligations is such that if the said R, 3, Hutchison shall faithfully perform and discherge his duties as such Temporary Receiver as aforesaid and shall obey the lawful orders of said court or other courts touching said receiver- ship, and shall faithfully account for ell the assets and funds (2) of the defendant corporation that shall come into hig hands, and shall pay and turn over same according to orders of the court in this cause or otherwise act accryrrding to law, then this obligation to be null and void; otherwise to remain in full force and dffect, Robert S. Hutchison, The United States Fidelity & Guaranty Company of Balti- more, Md, BY Thos, H. Houghton, Genl. Agt. & Atty. in fet, Witness, H. C. Jone sg. The above bond of Robert S. Hutchieon, as principal, and the United States Fidelity & Guaranty Company of Baltimore, Md, as surety in the sum of $2,500.00 dollars is hereby approved. This the 10th day of Feb, 1914, (Signed) CC, C. Moore, Clerk of Superior Court of Mecklenburg County, State of North Carolina, THE STATE OF RORTH CAROLINA, MECKLENBURG COUNTY, ) ‘IN THE SUPERIOR COURT. JOHN BASS BROWN, Plaintiff, SOLOMON GONSTRUCTION CO., ORDER APPOINTING TEMPORARY RECEIVER. Defendant, a ee ee ee See ge eel This cause coming on to be heard, and being heard before His Honor, W. J. Adame, Judge Presiding and holding court in the Pourteenth Judicial District, upon the verified complaint of the plaintiff, and it appearing to the court that the defendant corporation is insolvent, and it appearing that good and sufficient cause has been shown for the appointment of a receiver or receivers, it is, on motion of Shannonhouse & Jones, attorneys for the plaintiff, ORDERED AND ADJUDGED by the court that R. S. Hutchison be and he is hereby appointed temporary receiver for the said defendant, Solomon Construction, and he is hereby directed to take immediate charge of all the property and assets of the said defendant corporation, with all authority conferred by law upon receivers; thet before entering upai the discharge of his duties as such receiver, he shall execute a receiver's bond in the mm of $2500,00, to be approved by the clerk of the court, The said receiver will at once take an inventory of all the property and é@ffecta belonging to said corporetion of every kind, and report to this court without delay; that the defendant and eny creditors thereof shall show cause before me, at Charlotte, North Carolina, on the 18th day of February A. D, 1914, why the receivership shall not be made permanent, (2) A copy of thie erder shall be served upon the. defendant corporation, DONE this the 11th day of February A. D. 1914. (Si gned) Ww. J, Adang wou CIVIL ACTION—Printed by the News Printing House, Charlotte, N.C. SUPERIOR COURT--Mecklenburg ‘County nm SUMMONS STATE OF NORTH CAROLINA To the Sheriff of Mecklénburg County, Greetings: You are hereby commanded in the namie of the State to Summon ae Defendant in the above action to appear sth iat ena of Superior Court of the Cones of Mecklenburg, at the Court House in Charlotte the lat Monday in__ March eects ps then and there to answer the complaint of _John Bass Brown sishieedbe ccibiae : Plaintiff in this suit, and you are further commanded to notify said Defendant ‘that if he fail o answer said complaint within the time allowed by law, the said Plaintiff will demand judgement according to complaint and for all costs and charges in this suit incurred. Witness, C. C. MOORE, Clerk of said Court, at office in Charlotte, this the 1Oth ge 00 ii scnteeensencccortinciennlt C, CC, Moore sce Clerk of the Superior Court of Mecklenburg County By D.C. We acknowledge ourselves bound unto the defendant in the suit, nm the sum of Two Hundred Dollars in case Plaintiff fails in the prosecution thereof to pay all costs, elc., according to act of Assembly. Jane, Bass Brown (Seal) The United States Fidelity & Guaranty Co. _Shannonhouse & Jones, Attys. _( B$yThos. H. Houghton, Geni, sgt. and Atty. in Fact, _Solomon Construction _______ Company, SUMMONS Received _Fab.. 10th, 1914, — Executed Feb, 10th, 1914, Service by reading thee within gummons to the J. E, Solomon Preatdent iof Sol. Const. U@. & LRT LRE SB goRY OSes PEEL r copy comp said J, E. Solomon, Pres, Attorney for Plaintiff. SUPERIOR COURT---eeae# Company, Board of Commissioners for the County of, Iredell SUMMONS STATE OF NORTH, CAROLINA To the Sheriff of Mfeckterberg-County, Greetings: You are hereby commanded in the name of the State to Summon _Bogrd. of; Commissioners for the County of Iredel} Llrede i tn the = fp estegti 110 at the next term of the Superior Court of the County of at the Court House in the... Third Monday in___May., 1°15 then and there to answer the complaint of_Robt.S,Nutchinson, Receiver Plaintif} in this suit, and you are further commanded to notify said Defendant that if he fail to answer said complaint within the time allowed by law, the said Plaintiff will demand judgement according to complaint and for all costs and charges in this suit incured. J.A.Hartness Statesville Witness, Gt MBORE. Clerk of said Court, at office in Chasletie; his beatae os. day of Keke . 1914 Clerk of the Superior Court fitalarCuty By D. C. We acknowledge ourselves bound unto the defendant in the suit, in the sum of Two Hundred Dollars in case Plaintiff fails in the prosecution thereof to pay all cosis, eic., rR ay oS, 1 rshous’ aia f° LI. ihe gas 9 SUMMONS Received $ Attorney for Plaintiff SUMMONS IN CIVIL ACTION--Printed by the News Printing House, Charlotte, N. C. SUPERIOR COURT--sMedkdenburg County Company. ; Plaintiff Against Board of Commissioners for the County of ,Tredel) Defendant SUMMONS STATE OF al CAROLINA rede To the Sheriff of unty, Greetings: ‘You are hereby commanded in the name of the State to Summon Roard of Commissioners for the -County, of. Iredell] e rraakefendant in the above actiontp appeass 11 o at the next term of the Superior Court of the County of stbentelendeees, at the Court House in a { the__Third Ss Monday in May, 1915 os there to answer the complaint of_Rlobt.S. Hutchison, Receiver Plaintiff in this suit, and you are further commanded to notify said Defendant that if he fail to answer said complaint within the time allowed by law, the said Plaintiff will demand judgement according to complaint this suit incured. and for all costs gnd charges in thes su Prat ce Statesville W tiness, SE ARRIRES Clerk of said Court, at office in Charlotte, this the 23-2 ; day of Zeit 1914> —He A tee — Py LO, : a ¢ We acknowledge ourselves bound unto the defendant in the suit, in the sum of Two Hundred Dollars in case Plaintiff fails in the prosecution thereof to pay all cosls, elc., agce . ~ S. Hutchison, Receiver vs Poard of Commissioners for th “SUMMONS as Jiptok ZX ~ 77a Y | 19/5 ' NORTH CAROLINA, | IN THE SUPERIOR COURT, TREDELL COUNTY. TERM 1915. Robt, S. Hutchison, Receiver for Solomon Construction Company, Plaintiff, “vi $f R-G-O-M-P-L~A-T-H-T=# Roard of Commissionsrs for the i of Iredell, The sleintr(ff? comnicinines of ths defendants, seys and dlieges:- Le That on the ._—__—s day':«oof February, 1914, the plaintiff: wes duly apnointed Receiver -of the property. and effects of the Solomon. Construotion Comnany, 4 Corporation created and existing under and by virtue of the laws of the State of Nerth .Carolina, in an action instituted in the Suverior Court for the County ‘of Mecklenburg and. State aforesaid wherein John.2ass 2rown is. plaintiff and the said Solomon Construction. Company is. defendant, and was, thages ser, authort zed and ai rected by an order ini seid causé, to bring | and ingti tute the above entitled action against the eee for the purpose therein nemed, a. That the County of Iredell is a body politic and corporate, having and exercising all the powers granted to Counties by the laws of the State of North Carolina. (2) Se Theat on or about the Llth day of April 1915, the County of Iredell mede and entered into a ‘contract with. the Solomon Construction Company for the erection and completion of a new County Home for seid Iredell County. 4. That the said Solomon Construction Company cerried out and completed the said contract in all respects according to the terms of the seme, and in all respects comrlied with the terms of the said contract with the exception of some small details which were afterwerds completed by the said defendant at the request of the said defendant and hy-‘and with the consent of the plaintiff. 5. That after the Solomon Construction Company practically completed the said contract, the seid Solomon Construction Comneny at the request of the said defendant, did certain extra and edditional work, to-wit; Plecing "facings" on the windows of the buildings erected, for w ich the said defendant contrected end sefreed to pay the srid Solomon Construction Compeny, 91.00 for each of such windows upon which such extra work wes done, pleintiff is further informed and believes, end so alleges, that the total walue of seid extra work is $100,00, which the said defendent agreed to rey in eddition to the original contract price 4s aforeseld, 6. That in eddition to the seid contract, the seid defendrnt purchesed from the said Sclomon Construction Company one shed and a certain lot of lumber, for which the said defendent contracted and agreed pay the said Solomon ’ \ Construction Company the sun of 10.53. (3) 7. That from time to tine during the process of seid work the said defendant made various nayments on the same, so thet on or ahout the 14th day of February 1914, when the gaid Solomon Construction Conpeny had completed said contract with the exception of certain smell and inexpensive details as heretofore set out, which it was agreed should be completed by said defendant as seforesaid, all of said contract price he been.neid except the sum of $1,717.01 and the sum of $100.00 for. edditional and extra work and the seid sum of $10.53 for the said shed and lumber as eforesaid, making a total balance due the said Solomon Construction Company by the seid defendant of $1,827.54. 8. That pla‘i:.tiff has. demanded of the said County of Iredell payment of the said balance dve and tha said County of Iredell hes failed and refused and continuce to _ refuse to pay the same: WESPZPORE plaintiff demands judgment ageinst the said Poard of Commissioners for the County of Iredell for the said sum of ONE THOUSAND BIGHT HUNDRED TWENTY SEVEN AvD 54/100 Dollsrs with interest thereon from the 14th day of February 1914 and for the costs of this <ction to he taxed by the Clerk, "RM neds Sica Attorneys ay Manabu oe R. S. Hutchison, first being duly swerm, denoses and seve, that he hes read the foreroing complaint and thatthe same is true except as to those matters therein atated on information and belief, end es to those matters he believes it to be true, Hdebcron Sworn to and subs@ribd before me this the 2& day of’ 1915, ~~ PY, e- Gry Gaia a ps North Carolina In the Superior Court . Iredell County BOR ROR ROR ROR Ro RR RRR RO ICR RK a ER Robt. S. Hutchison, Receiver * for Solomon Construction Company, Plaintiff. ee —ANSWER-=--. County of Iredell. Defendants . SERAKAEREREEAREAREE EEE EES EE EREE EEE ERED EEE * + 7 +. * Board of Commiesioners for the : * * * * + fhe defendant answers the Complaint and says: 1. That it has not knowledge or information sufficient to form a belief, as to the truth of the allegations contain- ed in the First paragraph of the Complaint, and therefore de- nies the same. 2. The allecations of the second paragraph of the Complaint are admitted. 3. It is true that the County of Iredell entered into @ contract with Solomon Construction Company for the erection and completion of a new County Home for the Aged and Infirm of Iredell County. 4. That the allegations contained in the Fourth para- grapB of the Complaint are not true and are denied. 5. That the allegations contained in the fifth paragraph of the Complaint are not true and are dented. 6. It is true that the defendant purchased from Solomon Con- struction Company an old shed, which said Solomon Construction Company had upon the property of the defendant, but defendant avers that the price therefor was adjusted in the payments heretofore made to Solomon Construction Company, and was included in the amount alleged to be due by the. defendant to Solomon Construction Company and tendered to the Receiver, the plaintiff in this action, together with the total amount due by the defendant to the Receiver, 7. It is true that from time to time during the progress of the work the defendant paid to the Solomon Construction Company, large and various sums upon the work he was then engaged in doing for the County of Iredell, but it denies that it is due the Solomon Construction Company, or any other person, firm, @ corporation $1627.54, or any other sum, except that tendered to the Recetver at the completion of the work by this defendant, after the failure of the Solomon Construction Company. 8. The allegations of the eighth paragraph of the Complaint are not denied. And for a further answer and defense to the plaintiff's cause of action, the defendant says: -~Pirst-- That it is true that defendant through its counsel inadvertently communicated to the Receiver, that there was @ balance due the Solomon Construction Company of $1717.01; ‘ ° + but said counsel at that time was inadvertent tb the fact , and same had not been mde known to him by his clients that claims had been filed and accepted by the defendant, for payment, which reduced the amowmt due to Solomon Construction’ Company to the amount tendered by the defendant to the Receiver. ~-Second-~ That because of the failure of Solomon Con- struction Company to carry out its contract, as it was its duty to do, defendant was compelled to expend part of the $1717.01 for completing part of the work, which had been left incomplete, because of the financial distress of said Construction Company; that some of the work done by said Construction Company was improperly done and under the advice of the Architect, the same had to be removed and replaced, which caused this defendant to pay out additional sum . therefore these sums were also deducted from the amount inad- vertently mde known to the Receiver at the time ofthe com munication between them, and the defendant again alleges that it has tendered to said Receiver every cent that it is due, because of the construction of the Home for the Aged and Infirm as aforesaid. And having fully answered, defendant asks that it recover ite costes in its behalf expended and go hence without day. J anager aE ounsé or endant. being duly sworn, deposes and says, that he has read the fowegoing Answer; that the same is true of his own knowledge except as to those matters and things stated therein on informa- tion and belief, and as to those mtters he believes it to be true. Sworn to and subscribed before me this the --- day of --~-.~. ~—,1915. \ / NORTH CAROLINA, INTHE. SUPERIOR: COURT, IREDELL COUNTY. AUGUST TERM 1915, SESSSESSEESTSISESSESE SSS SESSSsesesesssstss Robert S. Hutchison, Receiver for i Solomon Construction Company, : : Plaintiff, i --VS-- 3% $3 Board of Commissioners for the $3 $$ County of Iredell, ¢ $$ 33 Defendant. :: ’ . st SLESLISSLLISLSSSSSSSSSSSSSssssssssssssssss The plaintiff complaining of the defendant, says and alleges:- le That on or about the llth day of February 1914, the plaintiff was duly appointed Receiver of the property and effects of the Salomon Censtruction Company, a corporation created and existing under and by virtue of the laws of the State of North Carolina, in an action instituted in the Superior Court for the County of Mecklenburg and State aforesaid, wherein John Bass Brown is plaintiff, and the said Solomon Construction Company is defendant, and was, thereafter, authorised ahd dtrest- ed, by an order in said cause, to bring and institute the above éntitled action against the defendant for the purpose therein nemed, (2) $< That the County of Iredell is a body politic and corpora te, having and exercising all the powers granted to counties by the laws of the State of North Carolina, Se That the Solomon Construction Company did, on or about the llth day of April, 1913, contract with the said County of Iredell to erect and complete a New County Home for the Aged and Infirm of said County, at and for the price of $23,900,00, and thereafter, did and performed certain extra and additional work for said county, in and about said New County Home, of the value of $2,000.00, for all of which the seid Couty of Iredell, acting by and through its Board of Commissioners, promised arid agreed to pay the said Solomon Construction Company, upon the completion of said work, the total sum of $25,900.00, all of which will more fully appear by reference to the written contract entered into between the parties, which will be offered in evidence upon the trial of this cause, 4, That in addition to the said contract and extra work, the County of Iredell purchased from the said Solomon Construction Company, one shed and a small lot of lumber, for which the said County contracted and agreed to pay the said Solomdh Construction Company, the sum of $10.53, all of which will more fully appear from an itemized statement hereto attached, marked Exhibit “A", and made a part of this complaint, 5, That, thereafter, the said Solomon Construction Company carried out and completed the said contract and extra work in all respects, according to the terms of the same, and (3) in all respects complied with the terms of said contract, with the exception of some small and inexpensive details, aggregating the sum of $44.15, which were afterwards. completed by the said defendant, at the request of the said defendant, and by and with the consent of the plaintiff. On account of all of which the said County of Iredell became, and noy.is, indebted to the said Solomon Construction Company, in the said sum of $25,910.55, less the sum of $20,663,635, paid to the Solwmon Construction Company in cash, or deducted on account of modification of said original contract, or for work done by eaid County of Iredell in completing the said work, after deducting which, the said County of Iredell ig indebted to the pkeintiff, Receiver for the said Solomon Construction Company, in the sum of $5,246.90, with interest thereon from the 14th day of February, 1914, till paid, all of which will more fully appear by reference to the itemized statement of account hereto attached, and marked Exhibit “A", as aforesaid, 6. That the plaintiff is advised and believes, that the defendant claims to be entitled to a credit of $254.66, for labor and material for replacing cement floors. Plaintiff does not deny the right of the defendant to deduct the actual cost of replacing the said cement floors, but he has no information as to the cost of the game, and, therefore, demands an itemized statement showing the actual cost of material and labor for the same in detail, 7. That the plaintiff has demanded of the said County of Iredell, payment of the said balance due, and the » . (4) said County of Iredell has failed and refused, and continues to refuse to pay the same, WHEREFORE, plaintiff demands judgment against the said County of Iredell for the said sum of $5,246.90, with interest thereon from the 14th day of February, 1914, and for the costs of this action. Oren Attorne#/s for Plaintiff. Robert S. Hutchison, being first duly sworn, deposes and says, that he is the plaintiff in the above entitled action, and that the foregoing complaint is true of his own knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes fiebret- Millet it to be true, Sworn to and subscribed’ before me this the 7% day of L247 1942 Charlotte, N. C., March, 1, 1914, Board of Commissioners of Iredell County, To Robert S. Hutchism, Receiver for Solomon Construction Company, Dr, SSSSSSSSISSSSSSSSSSss ss sss sssssssssssssssssssssssssssssssssssssssess Contract, Erecting New County Home for Aged and Infirm of Iredell County $ 23,900.00 Extra Work, Infirmary --------- Extra Work, Plaving Facings on Wimdows One Shed, Sold to County Lumber, Sold to County TOCBL sm wa a ne a ee oe nw we ea He ee ene nee 19135. July 7th, Cash August 4th, Cash - September let, Cash October 6th, Cash November 5th, Cash December let, Cash 1914, February 5th, Brick and Lumber Completing Small Details with Consent of Plaintiff 20,665,653 5,246.90 thes } North Carolina In the Superior Court Iredell County SREB AREA RH CHER KRKRKKAARARKAKRERSED Robt 8. Hutchinson, Receiver for Solomon Construction Company, Plaintiff? DEFENDANT'S AMENDED AN SWERe ~Vo= Board of Commissioners for the * 2m ~4 48 ee 8 & County of Iredell. s Defendnntee * SKEETER EEK KREKRKAE RHR RO The defendant answering tho amended Complaint in this cause says i- le That it re-allegos the first paragraph and the Seconé parargravnh of ttre oririn:1 Anewer filed in this caure, 3. It re-alleres ite third paragraph of ite original Anewer as an answer herein without repeating the same, but amends by denying that portion of the plaintift's third paragraph of the Amended Complaint, berinning with the words "and thereafter” and ending with the words "this cause", 46 That the allegntions contained in the fouwth para- graph of the Amended Complaint are not true ani are denied as there- in stated. 5. That the defen nant amende ite oririnal Anerer by re- allering ite denial of parneraph Pive of the original Complaint and denies the allegations contained in the Pifth paragraph of the amended complaint. 6. That the amount expended by the defen'ant for labor and material for repiacing the cement floors and other part of said contract,left incomphete by tho contrictor, and which was deducted from the amount due under said contract for the ereotion of the County Home will be shown upon the hearing of thie cause. 7%. The defendant re-nlleges its Answer in tho seventh paragraph of the amended Comphaint ,and re-asserts that it tendered to the plaintiff the amount due by the County of Iredell to Solomon Construction Compeny, as a true and acourate amount then and now due, and that thie defendant is not indebted to the plaintiff in this action in any sum whatever except the amount tendered to said Receiver and refused by him. AND HAVING fully ansrered ,defendant aske that it recover its cost in ite behalf expended and go hence without day. or e _,being duly sworn, deposes and says, ‘hat he has read the foreroing Answer; that the same is true of his own knowledge except as to those matters and thinrs stated therein on information and belief, and as to those ratters he believes it to be true. Sworn to and subscribed before me thie the ---day of -«-<<--~-~<--,1915,. 4 @ NORTH CAROLINA, ) In the Superior Court. IREDELL COUNTY. ) Robert S.Hutchison,Receiver, of Solomon Construction Company, 33 --VS-- $3 REPORT OF REFEREE. Board of Commissioners for the County of Iredell. To the Superior Court of Iredell County:- The above cause, by an orésr made by Hie Honor Henry P.Lane, Judge Presiding, at the August Term, having been referred to me to take and* state the account between the parties and report my findings of fact and conclusions law, in the City of Statesville,N.C.,on the 30th day of Septmmber,1915, I proceeded to hear the evidence offered by the plain- tiff and the defendant, the plaintiff being present in person and rep- resented by attorneys A.B.Justice and H.P.Grier, the defendant being represented by attorney L.C.Caldwell. Counsel for the plaintiff and for the defend&ant agreed that Miss Annie Marvin,stenographer, be desig- nated to take down and transcribe the evidence, the plaintiff and de- fendant each to pay one-half the costs for her services. At the con- Clusion of taking evidence on the above date, it was agreed by counsel for both litigante that witnesses might be introduced by either party on October 4th,1915,after being duly sworn by the stenographer,and their testimoney taken by her, written out as other testimony and delivered to the Referee and Counsel, the presence of the referee being waived by Counsel and assented to by the Referee. The testimony of the several witnesses examined as above,together with the exhibits, accompany this report. Prom the testimony introduced by the plaintiff and the defendant and from the admissions by Counsel made at the hearing I find the fol- lowing facts: 1. On the llth day of Pebruary,1914, Robert S.Hutchison was appoint- temporary Receiver of the Solomon Construction Company,a corporation un- der the laws of North Carolina, and on the 3rd day of Maroh,1914,said temporary Receiver was made permanent Recétver, in an action instituted and pending in the Superior Court of Mecklenburg County,wherein John 4 aie Bass Brown is plaintiff and Solomon Construction Company is defendant, and thereafter,in accordance with an order made in said cause, the said Receiver instituted this action against the Board of Commissioners of Iredell County. 2. On the llth day of April,1913, the Solomon Construction Company entered into a written contract with the County of Iredell,acting by and through the Board of Commissioners of Iredell County, to erect end com plete, in accordence with the drawings and specifications prepared by Wheeler & Stern,Architects, and approved by the parties to the contract, & group of buildings therein specified,to be used as a County Home for the Aged and Infirm of Iredell County, at the price of $23,900.00, and there- cond agreement the said contrect was amended so as to include the erec- tion of an additional building at the price of $1900.00, thus the total contract price for the said County Home for the Aged and Infirm,to be paid by said county to the said Construction Company,was increased to $25,800.00; said buildings were erected by the Solomon Construction Com- pany, and the defendant accepted, and is now in the use and occupation of, the said buildings erected under said contract. 3. The Solomon Construction Company, during the progress of the wark under the said contract, did extra work on 68 window facings, for which the county of Iredell agreed to pay $1.00 per window, making a total for said extra work, $66.00. 4. The County of Iredell purchased from the Solomon Construction Company an old shed at the price of $8.00 and some lumber at the price of $2.56, for which the county egreed to pay the totel sum of $10.63. 5. Under the terms of the contract and agreements between the Solo- mon Construction Company and the County of Iredell, the said Construction Compeny was to furnish all labor and materiel, the work and material to be inspected and approved by the Architects and all work to be done under their direction, the Architect's decision as to the true construction and meaning of the drawings and specifications to be final; and the said Solomon Construction Company was to replace and make good all work and material condemned as defective or improper by the Architects, and like- to make good all work and material damaged or destroyed thereby. 4 @ @ -3~ 6. The contract for the erection of the buildings stipulated that the Solomon Construction Company should use therein, for inside work, certain rough brick,to be furnished by Iredell county, and should use certain rough lumber to be furnished by seid county, at the price of $7.00 per thousand for brick and $13.00 per thousand feet for lumber, the contract price of all such brick and lumber so used by the Solomon Construction Company to be paid to the county of Iredell before any final settlement, or deducted from the contract price for the erection of said buildings; payments upon the contract price for said buildings to be paid to the Solomon Construction Company by the County of Iredell, after deductions for brick and lumber furnished by the county,ugpon the certificate of the Architects as follows: at the end of each 30 days, 80% of material delivered upon the ground and of the labor actually performed, the final payment to be made within twenty days after the completion of the work included in the contract, and*if at any time there should be evidence of any lien or claim,for which the Owner of seid premises may become liable,and which is chargeable to the Contrac~ tor, the Owner shall have the right to retain out of any payment then due, or thereafter to become due, an amount sufficient to completely indemnify the owner against such lien or claim, x x after all pay- mente are made, the Contractor shall refund to the Owner all moneys that it may be compelled to pay in discharging any liens on said prem- iees and made obligatory in consequence of the Contractor's default.” During the progress of the work 0.D.Wheeler was the supervising Archi- tect. 7. The following payments were made to the Solomon Construction Company,or for shade benefit by agreement, as represented by vouchers as follows: (admitted by Counsel for plaintiff): July 6th, 1913 August 4th,1913 September ist 1913, October 6th,1913 November ard,1913, December ist ,1913, February 5th,1914, $3978.38 4521.62 119.60 3600.00 3000.00 1000.00 1600.00 1500.00 Total $19119.650 s 4 e a 8. The County of Iredell furnished brick and lumber to the Solomon Construction Company, used in the erection of the County Home, from time to time, the value of which is, and paid for or deductions made therefor from the contract price of buildings, as follows: Certificate of 0.D.Wheeler, archi tees »sept.ist,1913, retained by county $3000.00 Certificate of 0.D.Wheeler ‘architect »Febd.4th,1914, for $2000,part retained by the county, (the’ other paid in cash Feb.5th "19149, - 1600.00 Feb.1914 retained by order of Commissioners for balance due for brick and lumber,order issued aaeeeEe 10th to chairman and paid 11th Feb. 463.49 making a total of ° for which the county should have credit (only the last item above being contested by plaintiff's counsel), 9. The county of Iredell replaced defective cement floor,steps and wall ,condemned by the Architect,at the alleged cost of $252.86, and a reasonable charge for the material and work, for which the County should have credit,is $2a@ -- - - $200.00 The County of Iredell furnished and paid for several items of material and labor to complete buildings according to contract 37.38 Solomon Construction Company agreed to pay 1/3 cost of Corner Tablets (Markers) which the county paid The $1.80 claimed by defendant for 3 bage cement was for ce- ment borrowed by Solomon Construction Company and returned by County without authority of said Construction Company. $ 244.13 10. The Solomon Construction Company became indebted to the Lon G. Cruse Company for painting the buildings erected by the said Construc- tion Company, and on or about the 30th day of January,1914, said Lon G, Cruse Company filed with the chairman of the Board of Commissioners of Iredell County ea statement of said debt for work,labor and material, amounting to $670.00, and at same timefiled with said chairman a notice to the Board of Commissioners of Iredell County that the Solomon Con- struction Company is indebted to the Lon G.Cruse Co. for work,labor and material on the buildings erected by said contractors for the County far the purpose of the County Home, to the amount of $670.00, and that the 4 = -5« said Cruse Company"claims their lien upon the said houses, and upon the real estate upon which they are situated, for the aforesaid amount"; said Chairman Within a few days thereafter filed said statement and notice of lien with the Board of Commissioners of Iredell County, and on or about the 4th day of February ,1914,Mr.J.E.Solomon, who had charge of the work of the Solomon Construction Company under the contract with Iredell County, hed a telephone conversation with Mr.M.A.Peimster,then chairman of the board of commissioners of Iredell County, asking for a payment to be mede on the contract price of said buildings, when said Chairman inform- ead him that Cruse had filed statement and notice of lien and that money was being held back to pay this xXimm Cruse claim and a balance due the County;the evidence for the plaintiff tends to show that Mr.Solomon then told Mr.Feimeter to pay the Cruse cleim and all he owed the County, while the evidence of Mr.Solomon tumiuxkexcukerxctikak denies that he au- thorized Mr.Feimeter to pay Cruse or any other of the creditors, but that stated.in hie conversation, he told Mr.Feimster that he (Cruse) and the County would nave’ te be paid, that he wanted the money so that he could pay them all he could, several others were wanting money. The defendant edmitted receipt of a letter dated February 13th,1914,addressed to Mxrkxr Rutumtex Chairman of Board of County Commissioners of Iredell,informing the board of commissioners that Mr.Robert S.Hutchison had been appointed Receiver of the Solomon Construction Company,by an order of the superior court of Mecklenburg County,in an action to wind up the affeirs of the Company, wae received/ by the board of commissioners. On March 16th,19é, rather under that date a letter addressed to the Board of Commissioners of Iredell County ,Statesville,N.C. was received by the Board,said lette demanding payment of the Cruse claim of $670 as per nétice filed,and signed by Duckworth & Smith,Attye, for Long G.Cruse Co. There was no agreement with the Lon G.Cruse Co. as to the payment of this claim, un- til on the 25th day of May,1914, the Chairman of the Board of Commission- ers of Iredell directed that an order issue for $664.75 to Duckworth & Smith,Attys, in payment of the Cruse claim for $670, the sum of $5.26 having been deducted for work done by the Gounty, and under date of June 4 € @ @6< 2nd,1914, a voucher authorized by the Board of Commissioners was is- sued for the payment of $664.75 in full of the Cruse claim, check was issued, paid and returned to the County Treasurer of Iredell County, the deduction of $5.25 from the original statement was agreed to by Mr. . Cruse immediately prior to the issue of the order by the Chairman. ll. On the 4th day of June,1914, the defendant forwrdea by mail, to the plaintiff, a check for $758.75, the same being offered in full settlement of all amounts due the Solomon Construction Company by the County of Iredell, which said offer was refused by the plaintiff and the said check returned to the defendant. 12, There Selomon Construction Company owes between $2000 and § $3000 to creditors for labor and material in building the County Home for Iredell County. From the findings of fects as above I arrive at the following, Conclusions of Law: 1. That the defendant should be charged with the following amounté / in favor of the Salomon Construction Company: The contract price for the buildings erected $25,800.00 Extra work on windows--68--at $1 each 68.00 Shed and lumber purchased by the county oS Totel ° . and should be oredited with the following amounts: Cash payments as per finding of fact #7 $19119.50 Brick and Lumber furnished by county 4963.49 Replacing cement floor,steps and wall 200.00 Material and labor to complete bigge 37.38 Corner Tablete--1/3 cost 6.75 —24, 527.12 Balance due Solomon Construction Co. ~ $1,551.41 2. That defendant is not entitled to credit for $1.80 for cement to replace cement borrowed by the Solomon Construction Company ,not be- ing authorized to do so. 3. That lien in favor of the Lon G.Cruse Company 414 not attachéf to the County Home for the Aged and Infirm of Iredell County, either on the buildings or the lands on which the buildings were located, it being 4 ° -7- public property devoted to public use, and no lien could be acquired on said property for labor or materials in the construction thereof, and therefore no lien was acquired on said property by the Lon G.Cruse company under the notice mmxrxmtx filed, for their claim for labor and) materials. 4. That the funds due the Solomon Construction Company under the contract, after deducting,payments actually made by it or by ite au- thority, amounts due by it to the county for material furnished under the contract, and reasonable costs of replacing defective work and com- pleting the buildings by the county, and such liens and claims as the County was bound to pay, immediately vested in the Receiver upon his appointment, and therefore the payment of the Lon G.Cruse Company's Claim wee unauthorized in law, and the County of Iredell is not enti- tied ey credit for the amount so paid, seid funds hekeegke being held by the Receiver to be administered for the benefit of all the creditors of the said Construction Company,it being insolvent. 5. The amount offered by the defendant to the plaintiff, as a ten- der in full settlement, was not a tender of such an amount as to re- lieve the defendant of costs thereafter acoruing. 6. The plaintiff is entitled to judgment against the defendant for the sum of $1561.41, and for the costes of this action, including eteree,. the costs before the Referee. Costs before the Referee: WITNESSES; r the t n G.Oruse, , and 68 miles @ 5f $5540 to use of R.S.Hutchison, Receiver. J.B.Solomon, 1 day and 88 miles @ 5f 5.40 to use of R.S8.Hutchison, Receiver. the t «%.Doya, M.A.Peimster 1 day W.R.Sloan 1 day STENOGRAPHER : Mise Annie Marvin, taking evidence 2 days and making typewritten copies eement,one half to be paid by plgintiff and one-half by the Getehdant oo =o INDEX. Robt S. Hutchison, Receiver of Solomon Construction Company aaYaee Board of- Gemmissioners of Iredell County, Defendant. Name Cross-Exan. JE. Boyd 6 to 8 M.A. Feimster 10 14 to 17 J .B. Boyd =-Recalled 20 W.R. Sloan 22 M.A. FPeimster recalled 24 Lon Cruse 26 26 J.-E. Solomom 28 32 to 33 Robt S. Hutchison 33 W.B. Gaither, REFEREE. North Carolina In the Superior Court Iredell County Robt.S. Hutchison, Receiver of Solomon Construction Company, Plaintiff. --v8-- EVIDENCE TAKEN BEFORE Board of Commissioners of Iredell THE REFERBB,W.B. GAITHER, County, Defendant. ESQ., September 30,1915. In accordance with the order uate by his Honor Henry P. lane, Judge Presiding, st the last term of the Superior Court of Iredell County, referring this cause to #.5. Gaither, Bsqe, to take and state the account between the partics; the cause was heard at Staterville,¥.C. on the 50th day of September, 1915, when and where the following evidence was offered by the plaintiff and defendant. It is admitted that Mr. Hutchison is the Receiver duly appointed for Solomon Construction Company, and was prior to the bringing of this aotion. fhe first evidence, &f the Court pleases, is the wntract entered inte the lith day of April,1915, between Solomon Gon- struction Company, s Corporation,ete., of the first part herein- after designated the"Contractor, “and the County of Iredell, party ef the second part, hereinafter designated the"Owner4’- contrect price $23,900. Marked Bxnibit “A® Tt ie admitted thet after the execution of the above ‘son- tract, the Geumty contracted with Solomon Construction Company 1 yg #2. to erect for it another building at the price of $1900.00. That this contract was not in writing, and the total contract price for the erection of the buildings of the County, know as the | County Home, for the Ared and Infirm ,was thus increased to $25,800. It is admitted that on the llth day of Pebruary,1914, the plaintiff Robt. 3. Hutchison was appointed temporary Receiver for Solomon Contruction Company, and on the 3rd day of March, said temporary Receivor was mde permanent Receiver, as appears in the Transoript of Record introduced in evidence, marked It ie admitted that the defendant accepted, and is now in the use and occupation of the buildings mentioned in the Contract. The plaintiff admite that on July 7,1915, plaintiff ,Solomon Contruction Company received $3,978.38; on Aucust 4,1913, $4521.62 was paid said plaintiff; on September lst,1915 $3619.50 was paid said plaint&ff; on October 6th, 4913, $3,000.00"was paid tp the said Company; on November 3,1913, $2,000.00 was paid said Company; on December 1st,1913 , $1, 500.00 “was paid gaid Company, and on February 5th,1914, $1,500.00 was paid said Company, all of said payments being on the contract price for the erection ani completion of the buildings aforesaid. Plaintiff Resets. The defendant offers the following evidences J.B. Boyd, being duly sworn, says: Direct. | By Mr. Caldwell. What office do you hold in [Iredell County ,Mr. Boyd? Register of Deeds. How long have you been Register of Deeds? Seven years. Who is clerk to the Board of County Commissioners? I am. -3e Q. Have you the Vouchers, or estimates made by Wheelsr, the Architect, touching the payments of the County of Iredell, or the certificates were issued by Mr. Whesler rather, showing the amount to be paid Solomon Construction Company? Objection by plaintiffe- Ower-ruled, Exception. Q. How were they numbered Mr. Boyd? A. They were Bumbered One and so on. Q. Number one is what? A. $3978.36. Qe What is the date of it? A. July 7,1913. Q. Have you another following No.Qne? A. No. Two, Yes, Sir. Q. What is the amount? A. $4,521.62. Q. What date? A. August 4,1915. Q. Any other Nunber? A. There are two here numbered No. 3, one of them intended for Bo. 4. Q. What ie your No, 3? A. No.3 is $3500.00. Q. Who mde those numbers upon thea? Ae Mr. Wheeler I suppose marked ite Q@. You say there are two knooked together, one for $3500,00T A. Yes,3ir. Q. What ies the other one? A. That is for $3,000.00. Q. Give me the date of the $3500.00? A. It was the same date September lst,1913. Q. Now your number 4, the one you say the number was intended for four, what is the date of it? | A. Same day-- September 1st ,1915, o4— Q. Do you know that to be ire Whepler's hand writting? Ae I could not swear it. Qe WAth whom was that left? A. This was left with me in my office. Q. By whom? Ae These things were usually miled to the Chairman, and he left or brought it in the office. Qe That came &nto your office? A. Yes,S3ir. Q. Did that $3,000.00 come into your office bearing date September ,1913? A. Yes, Sir. Q. That is numbered No.4? A. *es,3ir. Q. $3500.00 is numbered No.3. A. I suppose so, there is two dated the same day. Q. What is the number of it? Ae Now 4 and No. 3, but I suppose it was intended----- Q. As I understand ,there were two numbered three, each dated September let? A. Yes,Sir. Qe The certificate for $3500.00 and $3000.00 each bears the number 3 thereupon, and appears as having been issued on September lset,1913f . Ae Yeote Q- Well, Sir, have you any otherebesides that? A. I have Ho. 5. Qe Well, Sir, for what amount? A. $3,000.00 October 6th,1913. Q. Any other? A. No.6, for $1,000.00 November 3rd,1913. Q. Well,Sir, any other? Ae Bo. 7, $1500.00. Qe What is the date? A. December ist,1915. -5- Well,Sir, any otherJ No.8 , Pebruary4th, 1914. For how much? $3,000.00 Any other payments-- any other Vouchers showing payments? That is all for Solomon Construction Company. In apt time the plaintiff objected to &11 the above Vouchers, BTA Auiter€ Qe Mre Boyd in explanation of that-- of the $1500.00 Voucher here introduced for the $3000.00 estimate, also the statement attached thereto in the hand writing of the witness,J.EB. Boyd, which statement shows that $1500.00 of the $3,000.00 Voucher of February 4th,1914, was paid to Solomon. Construction Company, and that $1500.00 of said Voucher was paid to the County of Iredell fer Brick and lumber furnished by the County to Solomon Constrw- tion Company. That mkes the $3,000.00 . Q. Mr. Boyd can you explain to the Court, attached to Soucher No. 3, why there are two Vouchers, if you know-- tyo certificates if you know? A. I do not, Q. Do you of your own knowledge know of any other amounts that the County is entitled toS credit for any payments made by the County? A. There ie 119.50 there. Q. They have admitted that. Q. That is attached to the Vouwher? A. That ie the $119.50, Yes,3ir. Q. Any other payments made by the County to Solomon Construction Co? A. That ie all they paid Solomon Construction Company that I know of, Q. Any other paymenté@ made for work ,labor and material dons on \the County Home? A. I have here the Voucher of Cruse. Q. What is it? A. 664.75 Plaintiff objecte grrnrutel— Q. What was that for, do you know ? A. It was for work down at the home. <6- Q. That is an order to you? A. That is an order to me to pay that. Plaintiff objects. SecrAentagl. 2 Qe Do you know of your own kmowled-e when the claim of Lon G. Cruse was filed with the Commissioners and accepted by them for payment? A. No,Sir, I do not. I do not know the date it was paid. Qe It was paid though? A. Yes,Sir, it was paid. Plaintiff objects *rerreten ld Q. Do you know what it was for? A. It was for work. Qe Do you know what kind of work it was for? A. No,Sir. Defatdant offers Certificates Numbered One, Two,Three, Four , Pive,Six, Seven and Bight- the $119.50 that is attached to one of them, mark it Humber Hine, and mark the order issued by Mr. Peimster,Chairman of the Board of County Commissioners, May 25th,1914 for the payment of $664.75 , Mark it No, Ten. Q. Do you know Mr, Boyd, of your own knowledge, I expect you don’t, do you know of your own knowledge ®f other briok and lumber besid es that specified in that voucher you speak of here certifying that by the Count $463.49 wase furnished to Splomon Construction Company/during the ereotion of the buildings? A. No,Sir, I do not, know that. Cross-Rxaminat ion. By lr. Grier. - Q. Mr. Boyd, you are Bx-Officio Glerk to the Board? A. Yes,sir. Qa A great many claims are presented to the Board, which are not paid? A. Yeos,Sir.: Q. And a great many are presented, are out down and a less amour paid, than the original claims shows? he Yes, Sir. ae she ®reasurer of the County, pays out all the money fA.Yes,Sir. Jo Qs He payé them out on Vouchers drawn by you?A.Yes,Sir. Q. Voucher original in your office and would show the amount that the Board of Commissioners ordered to be paid on any certain | or partioplar work?A. Yes,Sir. Q. They go to the Treasuer and he has charre of the Vouchers, and issues checks for them?a. Yes,8%r. Q. You do not pretend to say Mr. Boyd, the vouchers which were handed in your office, reached your office from the Chairman of the Board , were paid? You have no knowledge of their being paiar® A. We drew the vouchers for them and they go to the Treasurer. Q. Have you the vouchers for those? A. No,Sir, I have not. The Vouchers would be in the Treasurerfs office. Q. The Vouchewgwould shor the amount paid, ordered pa&d,on those various certificates, would they not? A. Yes, Sir. Q. That would be the only guide, and evidence of the amount the Board allowed on those certificates, or estim tes? A. That is the amount the Vow hers drawn for, Yes,Sir. Q. That is particularly true of those vouchers?A.Yes,Sir. Q. You take in this case here $3000.00 is the estimte and only $1500.00 Voucher is drewn for that? You have a memoranda madé in your own hand-writing charging Solomon Construction Company with $1500.00 worth of lumber and brick~-- independent of that fact, of your own knowledge you could not say what amount was issued? A. 4o,3ir. Q. Take Voucher No. 1, you have no independent recollection of iseuing Voucher for $3978.38. A. Of course, I could not remember those things-- I could not swear they were issued for that. Q@. You have no recollection of Certificate No.2 for $4521.62 being iseued have you? A. No,Sir. ale Q. You have no recollection of certificate No.3 for $3619.50, for Voucher No. 3 and the at*ached paper for $119.50 being is sued have you? A. Of course, I do not remember whether any of these were issued. | Q. The point I am mking Mr. Boyd , you do not know what the Board~ ordered paid on these certificates do you? A; I do not. Q@. You know that the Board frequently disallows claims issuing Vouchers for lees amount , or for no amount at all,don't you? A. Yes,Sir. Q@. In other words,Mr. Boyd, the only means of knowing the amount actually paid on any claim, would be the vouchers in the hands of the Treasurer ,would it not? A. Yes,3ir, that would be the place, that is the last place they g0- Q. That would be the place would it not? A. Yes,3ir. | Q. It is his duty to mep a record of the amount of money paid out? A. Yes, Sir. Q. That is the only record that shows the amount of money paid by Iredell County on this contract, would it not? A. Yes,S3ir. Q. You have no indenpendent knowledge of any amount being paid Cruse have you? A. Only by this Voucher, that is She approved order placed on the file. Q. You have no independent recollection of issuing vouchers, that they ordered any other amount, have you? Ae No, Sir. Re-Direot. By Mr. Cgldwell. Q. The treasurers office would simply show the amount of cash that went out by hin? A. Yes,Sir. Q. His office would not show te payment of the $1500.00 on the next paper to that-- attached to that certificate?A.No,Sir. Q. Why? A. Because no money passed. ae Q. The voucher only is drawn for $1500.00 and the $1500.00 balance of the certificate, showed by that paper attached there was for brick and luther furhished by the County? A. Yes,Sir, that is the reason I made the notation. I knew if I was asked the question why I was instructed to only @raw the youcher for $1500.00, I wold not know-- whether I could remember these things, and I mde the memoranda and attached to the Voucher. Q. You do as a matter of fact know that the County of Iredell furn- ished Mr. Solomon with brick and lumber out and made off the. farm down there, do you know that? A. I know they furnished them but how much I do not know. Q. Do you recall the agreement or conversation between Solomon Construction Company and the Board of County Commissioners and the Architect about some corner tablet markers® # The price of it was to be divided up between them and the County paid what was due by Solomon Construction Company, which was $8.75, and the County paid it? A. I remember Mr. Caldwell ,their coming in there and making en agpeement about it, but what that was I do not remember . Q@. Now, Mr. Boyd, you don't know, you were not familiar with this cement, or extra carpenter work? A. No,Sir. @. Or the Cement furnished Barium Springs at Solomon's expense, and some labor, and cemen®é floors in the houses down there? A. fo, Sir. Q@. You do not know anything about those things? A. No,3ir. Re-Crose-Reamination. By Mr. Grier. Q. Do you know anything about some extra work down there, some facing over the windows? A. All I know Mr. Grier is in conversation, hearing them talk about the extra work, of my own knowledge I know nothing about it, -10= @. Dad you hear a conversation wherein Solomon Construction Co. was aithorized to put facings around the windows at $1.00 per window, one hundred windows, making one hundred dollars? A. No, Sir. Qe Do you know anything about the County getting a shed down there at a price of $10.00. It is admitted by the defendant that the County got a shed at a price of $8.00, and some lumber amounting to $2.53, for which the County has agreed to pay in settlement. &. Mr. Boyd you spoke of Cruse claim, you were not down .there to see whet er Cruse did any work whatever? As No,Sir. &. All you know is the claim went in? A. Yes,Sir, I do not know Mir. Cruse at all» Mr. MeAs Feimster, being duly sworn, says: Direct. By lr. Caldwell. Q. Mr. Feimeter,who was chairman of the Board of Commissioners in 1913-1914? A. I was. Q. I note here are three certificates issued by Wheeler and Stern, Architects , bearing date September lst,1913, one for $3500.00, one for $3000, and one for $119.50, please state to the Court if you know whether those certificates are genuine, and whether the County of Iredell peid the same, as part payment for the con- struction of the County Home? Plaintiff objecte, objection sustained. Qe Mr. Peimster dé you know of your own knowledge that these two certificates were issued for the resp otive amount for which they are drawn on the @ame date ? A. I do not recollect. Qe Issued by whon? A. They were issued by 0.D. Wheeler, who was the supervisor of the building and the Architect. He gheoked the contract , he was. paid as the contract went forward, he made the eatingtesy<. elle Q. Mr. Feimster, do you know of your own knowledge if the County of Iredell sold to Solomon Construction Company brick and lumber that went into the construction of the home? | A. Yes, 3ir/ Q. If so, when and how ere the payments to be made by Solomon Con- struction Company? A. He was to pay us when we called for it. Q. At the time the $3,000.00 Voucher of February 4,1914 was issued by Mr. Wheeler for the payment of $3000.00 ? A. I know that only $1500.00 was paid in cash and the other $1500.00 of the Voucher, issued by Wheeler was deducted for lumber and brick. Q. Please explain to the Court what that $1500.00 brick and lumber traneaction was? And Why it was. A. The contract was -- the county was to furnish the rough brickee inside brick-- and rough lumber. Q. Were they to be paid for by Solomon Construction Company? A. Yes, Sir, so mich per thousand brick and so much per thougand feet of lumber. Q. Was that $1590.00 deducted from that estimate in payme t of this lumber and material? A. Yes, Sir. Qs I will co to the Cruse matter, who did the painting on the County Home? A.-I 40 not know who they were. They were just Mr. Solomon's hands all I know, but that bill wae presented to me. Q. Who presented that bill to you? A. Mr. Cruse. Qe When? A. It was the 4th of Pebruary. Qe What year? A. 1914. Q. Did you ever order it paid? Q. Who was to have the painting done on the building? Ae Mr. Solomon. Q. Did you make payment for the york done for the painting? Ren gycsndee.. A. Mr Crure,. -12- Q. When was the Cruse bill accepted, if at all for payment? Plaintiff Objects. Objection Sustained. Defeniant Excepts. Q. What do you know ,if anything about some tablet markers on that building, of your own knowledge? A. I know that Mr. Wheeler was very anxious to have them and If. Solomon was present before the Commissioners, and they finally qgreed to each one pay their proportionate part. Mr. Wheeler, Mr, Solomon and the County of Iredell. Plaintiff objects. Over-ruled, Exception. Q. Mr. Peimster did the County of Iredell furnish any cement for Mr. Solomon there in the construction of the building? A. I think something over $100.00. Q. I see here $135.58 for cement? A. Yes,Sire that was for some steps fell down, amd the wall around an aerial fell down. ' By Lr. Justice: Q@. Is that the cement used for that floor?A. Io. Q@. Well did the County have to pay for any carpenter work? A. Yes,Sir, s good many small things that was not finished. Q. I see here an amount of $25,838 for carpenter work? A. Yes, Sir. Q. Was that paid by the County of Iredell for Solomon Construction Company?A. Yes,S3ir. Q. I see here three bags of cement by Barium $1.60? A. Yes,Sir. They borrowed it from Barium Springs, Q. Who borrowed it from Barium? A. Mr. Solomon. Q. Who paid it back? 4. They wanted their three sacks of cement back, and the county replaced it. Qe. Por him?A. Yes,3ir. -13- Q. I see here Lumber, screws and sash locks $1.75. A. Yes,Sir, I do not know that I can recall every little thing. had to fix the door facings, just left a hole in the brick had no doors hanging over those electric centers-- and gome one might stick their hand in there in the dark, had those fixed. Q. Did the County have to have that done?Ae Yes,3ir. A. It cost $1.75 did it? A. Yes,Sire @. I see here labor two days, at $2.50 per day, $5.00TA.Yes, Sir. Q. what was that for? A. That was for digring down part of that old floor. Q. Where you had to re-cement ita. Yes,Sir. Q. Was that bill paid by the County?A. Yes, Sire Q. I see here replacing cement floor, labor and eto., $117.287 A. Yes,3ir, that was done in very cold weather. I think it was rotten cement-- I think it was the material they used as much es anything-- did not have any rock in it-- sand like clay and no rock in it. Q. What became of it? A. It was dug out. Q. At whose instance? A. At Mr. Wheeler's. Q. You replaced it at a cost of $117.28 at the County's expense? A. Yes,Sir. Q. I note another item Closet standards, $5.25. A. Yes,3ir, they are little doors around the water closet, standing up 14 or 16 inches~-- they are on iron standards, I head them made here in this town, to raise those screens. Q. Did the County pay the $5.257A. Yee,Sir. Q. Going back to the Cruse matter, dia you know the character of work that Cruse wae doing down there, not the quality, what oharacte? A. They wore painters on the home. ; Q@. Who was to have the painting done? Ae Mr, Solomon, Q. Now as an independent fact, what information did you have from Mr, Crus e? “-14- A. We have @ claim made out against Solomon Construction Company for the work he iad done down there on the home. ‘The first daye of February when I went , or met Mr. Wheeler there on his montly visit. Qe Who was there with Mr. Wheeler? QGruse ? A. I do not know whether he was there with him or not. Qe Did you ever see Mr. Cruse there? A. If I did I did not know him. Qe When 414 you see him? A. That ie the first time I met Mr. Cruse. Q. You met Mr. Wheeler and Mr, Cruse?A. Yee,Sir. Br. Cruse was leaving on the Charlotte train that evening, and prior to roing off on the down train. Q. Did he give you anything? Ae Yes, Sir. Qe What was it? A. A Sight extensive thing. Q- What was it?a. It was supposed to be a legal paper; Q. Notifying you of his olaim? That was on the 4th of February? Ae Tes,S3ir, that is my recollection, Qe Did you pay that bill? Ae It was ordpred paid by me, Yes,Sir. Q. I believe, Mr. Peimeter, I will ask you one more question, you sent a check for $758.75 to the Receiver? Plaintiff admits that defentant sent check for $758.75, which war offered in full of all payments ar-inst the County of Iredell, Date of Mr, Caldwell's letter mailing check was June 4th, either received it on that rae or the next day. BIAMINATION, By Mr. JUSTICE, Qe Mr. Peimeter you refer an item Shere for cement, what was that item, how much was it? 4. $288.88. Q- What did you say that cement was used for? 4. It was used for a wall and steps too. ‘Two places had to be done, the kitchen floor did not have any rook-- they had a whole lot of soil, some sand and a little cement. If you will pardon me I believe that was rotten cement they used. Q. Now have you got a statement of that expenditure? Ae Not now I have not. IT had when that statement was made, @. You have not got an itemised statement of it at thistime? | A. No,Sir, I will tell you why, when I was Chairman , the County Commissioners 4id not have room, I had to go in one of the jury room up stairs with my desk, when I was not here, the United States Engineer took my desk and oarried those paper all out. The flooy all went to sand, Q. What was this $25.38 Carpenter work , what was that for? A. It was all over the place-- they had something to do down in the insane asylum grates were there, but they were to the vrindows,. Q. Did you have an itemized statement of that? A. I did, but it was in the desk. Qe You have not got it now? A. No,S3ir, it went out of that desk. Q. Have you fot any record of the payment of these items-- any official record ? Ae I 4& not think I have. Q. How did you pay it? A. I paid it through the regular treasurer. &. Some of it was paid to Mr. Dingler, Carpenter. Mr. Coley who used to be here, put up the steps, was the man who put down the steps the second time ° Q@. Do you know whether the Treasurer has a voucher for it or not? | A. I do not know sir. Q. The treasurer out to have vouchers?A. Yes,3ir, he ought to have something for all the money paid outf Qe It was paid by voucher?A. Yes, Sir. Q. What wae this item of $117,286 for replacing Kitchen floors? A. That ie one of them, part of the cement went in that. Q. That is $117.28 for what? A. That means hauling of stone and sand ,hiring men to go to the ereek and haul pure sand, putting that floor down, also for hiring -16= men to haul flint rock and crush them with hammers. Q. Have you got an itemized statement of that? A. No,3ir,I have not., #11 those papers went out in the desk. Q. Do you know the sise of the floor Mr. Peimster? A. I do not. Q. How many floors was the cement used on? A. It was used on the main kitchen floor, the cooking department. Q. You do not know the sise of that room? A. I do not recollect-= good sise room, &. The steps at the front building had to be re-built down at the insane department. Q. Mr. Feimster do you know anything about the contract that you had with Mr. Solomon? Por placing the facings on the windows? Ae Yes, Sire Q. What was that contract? A. They were to be changed just a little- they showed the corner of the brick. Q. What was the contract in reference to payment of it? A. I think we were to-pay? @. $1.00 per window? A. No,Sir, 40¢ per window to make that change. Q. Do you know whether it was a $2.00 A. No,Sir, it wae 40 cents. Q. Have you got any record of that? A. The facing come out here-- showed part of this piece-- start sloping, did not protect the corner of that as Mr. Wheeler thought it ought to do, and we agreed on that change. Q. Did he make thoge changes?a. Yes,3ir, omly one one building. Q. How many windows? A. Mr. Justioe I could not rell you from my recollection. There are 22 rooms in that building. Q. There would be 22 windows any how, corner rooms have more thm one window? A. I expect some of them would, Yes, Sir. Q@. Did any of the rooms have more than one window , except the What building wae it? Pront pbuilding white quarters. corner roomaeT? -17< Q. Have anything like a @fiming room ? A. No,Sir, dinning room in another building. No dining room ™ in it at all. Q. How many stories high was the building? Two. Q. Have you any way by rhich you can estimte the windows in the building? , i I have not. Q. Will you phone down there and get the number of the windows in the building Mr. Peimster and report to the Court? A. Yes,Sir, I will try it. Q. Did you say whether you had any record of this contract about facing of the windows? A. No,Sir. Q. No record of the contract? A. It was a verbal contract-- three of us present Mr. Wheeler, Mr Solomon and myself. Qe That was extra work?A. Yes,3ir. Q. Your recollection of the contract price wag 40 cents per window? A. Yes,Sir, it was not a big change, only to put this piece on. Re-Direct,. By Mr. Caldwell. Q. I believe hir. Peimeter I asked you about a shed you took making a charge against the county I see you make $10.53 for the shed and a lot of lumber?A. Yes,3ir. ‘Qe Mr. Peimster you went out as Chairman of Board of Commissioners when? As December, Q. Last Decemberfa. Yos, Sir. Qg When you went out, the Goverment's man, Road man, associated with Mr. Roach, got possession of your papers and things and you have not been able to prt your hands on them since? A. No,Sir. Q- I bdlieve that we mke a charge here of extras, $5.25 for Closet standards? : 4. Mr. Munday of thie place made them. Gentlemen,that is the evidence olbe of the payment of it. (Hands Munday'e Bill) Q. You spoke this morning of a claim of Lon G. Cruse & Cot Look at that please sir? Say whether it was filed with you or with the Board of Commissioners? A. With me Yes, Sir. Q. That it?A. Yes, Sar. Q. Did you ever see that paper before? A. Yes, Sir. ’ Q. Did you receive that in the mail? A. Yes,5Sir. Q@. That is the letter of Messrs. Duckworth & Smith? A. Yes, Sir. We offer in evidence the Notice by Long G. Cruse Co. acainet Solomon Construction Company, addressed to the Board of Commissionets of Iredell County, sworn out the 29th day of January,1914, Marked Bxhibit"ll. * I offer in evidence the letter, that part of which says: In Re Claim Long G. Cruse Company-ve- Solomon Construction Company .Six Hundred and Seventy Dollars ($670.00) for labor and material furniehed in buildings, as per notice filed January 29,1914. The above entitled claim remains unpaid. Proper legal notice ras filed rith you for protection, as we suspected the Solomon Construction Company was insolvent and would like go into the hands of a receiver, this being the reason why this notice was filed, therefore, we expected you to protect us for this amount. We understand you have paid over to the Solomon Cone struction Company some money since this notice was filed. We presume you knew what you were doing and have held back the full amount to pay our claim. Will ask that you send check for thie amount by return mnil,-ae it is past due and you have had proper notice. Yours very truly, fSigned) Duckworth & Smith , Attorneys for Long G. Cruse Co.” That bears date March 1691914 ? Ae Yos,Sir. And was addressed to the Board of Commissioners of Iredell County? © Yeo, Sir. ; > PO ey back of this paper is this in my hand writing, no date it Objeotion by plaint itt. over —A eno _ I offer this in evidences “his claim was filed with the Board of Commisrioners of 19a Ireiell County, before the last payment ot Solomon Construction Company and recognised by Board as it held back sufficient to pay claim. (That paper appears in the hand writing of L.C. Caldvell, who was Counsel for the Board) Plaintiff objects.— 2ver-putlet Q. Mr. Peimster, I believe you were present when a statmment was gotten up February 14th,1914?7A. Yes,Sir. Q. Now, Mr. Feimeter on February 14th,1914, do you recollect or not, whether you had made known to the Counsel of the Board, text the claim of Mr. Cruse Co., having been filed? A. I do not recollect that I told you-- It was on the file on our table. Q. Did you on that day, inform him that these different itemised amounts had been expended by the County for the completion of theee pieces of work et the home? A. Yes,Sir. Plaintiff objects, —svtrn<cleo _ Re-Cross-Examination. By Mr. Justice. Do you remember received that letter from Mr. Hutchison? I have no recollection of it. May have been turned over at some meeting? I have no positive recollection of that letter. Defendants admit that letter of February 13th,1914, addressed to Chairman of Board of County Commissioners of Iredell, Stateseville.N.C. informed the Board of Commissioners that Mr. Robt.S. Hutchison had been appointed receiver of Solomon . Construction Company, by an order of the Superior Court of Mecklenburg County, in an action to wind up the affairs of the Company was received by the Board of Commissioner ot the County. Q. Mr. Poimeter do you remember having a conversation with Mr. Hutchison over the phone relative to this contract, and the balance due on it? A. I have a recollection of a conversation over the phone, some of it,Yes,Sire f was vitally intercet in the part that I recollect. Q@. Do you remember making statement to him over the phone that it would take & small amount to complete the work down there? A. Yes, Sir. ~20= Q. Do you remember telling him that it would not take over $50.00 or $75.00 to complete the contract? Ae Yes, Sire ° ; Q. How long was that after Mr. Hutchison was appointed receiver? , A. It was close to the time. But when Spring opened, the whole cement floor had to be done over, and the steps-- I consulted with Mr. Wheeler, and he gaid for it to be done? Q. Mr. Wheeler is one of the architects? A. Yes,3ir, and Supervisor--of the building. He condemned the * kitchen floow, and when the freezing weather come on, the balance of it went to sand. T- recollect Mr. Hutchison told me to go ahead and finish it. I was working with the consent of the supervisor, to go ahead and finish it. Re-Direoct. By Mr. Caldwell. Q. The greater amount of the expense, a6 appears from your statement was the replacing of the Gement floor and steps? A. Yes, Sir. Q. Outside of your two cement items there would not , it would not amount to $75.00 would it? Ae Bo, Sir. Q. How, Mr. Feimeter there ie one question I want to ask you? Q. There were several claims filed with the Board here growing out of that work down here ,were they not?TA. Yee, Sire @. They were held up for investigation?ta. Yes,5ire Q. Ndkdeclined and not ordered paid?A. No,3ir- Q. But when Cruse *s was found to be just and proper you accepted it? ; Plaintiff Objects.~ ae A. Yoss J.B. Boyd, being recalled, says: Direct. By Mr. Caldwell. Q. What entry have you there ,if any about certificate issued by Wheeler and Stern, Arohiteoct, you have all the payments there that @2le they ordered made Solomon Construction Company, whan an that? I want to comedown to that $3000.00, what is your entry there? A. Received of Solomon Construction Company for lumber and brick for New County Home Three Thousand Dollars. Qe How does that appear with that certificate? A. That is $3000 that those gentlemen objeasted to-- Solomon Construction Company numbered three for the New County Home for $3500.00. Q. Then what have you on below? A. Another entry for 3119.50. Q. That is thése three attnched together. Q. That is those three attached together? &. Yes,Sir, marked Setpember 1sé, Q. Well, now when he paid the County of Iredell $3000.00 for lumber ‘and brick, what did the architect do? Is there a certificate ,Mr. Boyd ,in other words, showing that this was charged arainst Solomon Construction Company? A. There is two certificates one for $3000.00 and one for $3500.00. Q. Did any money pass on the $3000.00 at all? A. No,Sir, this record shows it did not. Q. That is taken from his-contract price on it? A. Yes,Sir, for lumber and brick furnished him by the County. $3500.00 in cash and $119.50 in cash. Q. Have you got any other record, that we were looking at? Ac Here is the last one? Q. Read that to the Court; "Ordered gous to Solomon Construction Company Three fhousand Dollars on Home for the Aged and Infirm,out of which said Gemetruction Company is to pay the County of Iredell $1500.00 for lumber and Brick, furnished to said Construction Company and used in the building by ite." Plaintiff Objects.— Overrisbesh Q. So that Voucher, that certificate shows it was iseued for $5000.00, How much cash? A. $1500.00 cash. Plaintiff objects, sPrrechrC +ea* What is the date of that? That is in February, I think. That has a memorandum on it. That is the last one No.8? Here is another entry? en. "It ig further ordered that theCounty retain out of the balance due said Company the sum of $463.49 balance on lumber and brick." Plaintiff objectsg—arerr~< Lad Q.Wade that $463.49 part of the $1500.00 ,Mr. Boyd? A. No,Sir, I do not think so, they were separate. Q. The next entry is $436.49? Read it? "It ie further ordered that the County retain out of the ‘ balance due said Company the sum of $463.49 balance on lumber and briok3* Plaintiff inet es ee Mre WeRe ShRoan, being duly sworn, says: Direct. a By Mr. Caldwell. Q. You are the County Treasurer?A. Yes, Sir. Qs How long have you been Treasurer ? A. Seven years. Q. Treasurer during all the time, during the. construction of the County Home?A. Yes,Sir- Q. What -payments ,if any, were made by you as @fzeasurer to Solomen Construction Company for the erection @f the Home? A. On July 5th, I paid Splomon Construction Company estimate No.Qne Q. What year? A. 1913. $9998.98; on the 4th of August,1913, I paid him $4521.62; on September lst, I paid Statesville Realty and Investment Company $119.50; and Solomon Construction Company on the same date $3600.00; on the 6th of Ootober , $3,000.00; Sra of November, $1,000.00; on the first of December $1500.00; and on Pebruary 5th, $1600.00. All the foregoing vouchers are admitted by the plaintiff were given by admission of this morning. -Q. What other paymente, if any, touching the County Home, 414 you make, and to whom? A. That is all I paid exoept the Oruse mtter. Q. What ie the date of that? -A. May 265th 1914, for $664,756 Plaintiff objects. ee ~25—= I have the vouchers here for each one of those if you want them? $463.49, have you got that Mr. Sloan? Yes, Sir. Plaintiff objectse. Duce: Q. We offer it in evidence Voucher for $463 .49 made, payable to the Chairman due County by Solomon Construction Co., for Brick and lumber? Marked Bxhibit #12-1/2 Q. We offer the order of the Board of Commissioners for this payment of $664.75. ‘This one of June 2nd, that carried authority to pay it 7A. Yes,Sir. Q. It was paid Mr. Sloan? A. Yes, Sir, it was paid. Q. The $463.49,Mr. Sloan, did you issue a check for that? I offer in evidence order of the Chairman of the County to himself as Chairman of the Board of County Commissioners , amount due County by Salomon Construction Company for Brick and lumber $463.49 for home of aged and infirm, bearing date February 10th,1914. Marked Exhibit 14. Plaintiff objects. — eeeAcba Q@. Mr. Sloan have you an entry upoh your books any where for that amount? A .Yes,Sir. Q. If so, what ie it? A. February 11th,M.A. Peimeter, for supplies for Solomon Construc- tion Company $463.48. so cnet: Plaintiff objects.— " Q@, I believe you issued a check made payable to Gruse Go., for that amount $664.757 A. Yes,Sir. Q@. Was that check paid and return to you? A. I have not it here, but I think so, OX oan go and look up that gat oheok BY Mr. Justice: We are not going to contend that you did not deliver that check to Mr. Cruse, that it 414 not go through the Bank, and that you got your check afterwards. Mr. _— I would like $0 see that last entry about that 249 . ~Croes-Examination. By Mr. Justice. Q@. Thatlast Voucher-- Brhibit 14, was your authority for payment to Esq. Feimster? A. Yes, Sir, that was my authority. Qe And the other one marked #13-1/2 was your authority for pay- ment to Cruse?fA. Yes,Sir. f Qe You don't pay money out unless you have an order? “As No,Sir . Re-Direoct. By Mr. Caldwell, I offer in evidence the following detailed statement with the entry, as follows: Marked Exhibit #15. Statesville, N.G.June 14,1914, "You are hereby instructed to issue Voucher covering the above amount to Robt... Hutchinson, Receiver, Solomon Construction Company, Chariotte,N.C. M.A. Feimster, Chairman of Board of Commissioners of Iregell County." Plaintiff Objectsa panna ef MeAe Peimster, Recalled: By Mr. Caldwell. Q. With whose consent did you retain back some of the amount that was é@mbraced in the contract price of the County Home? A. It was with Mr. Solomon's consent. He was very anxious for a check, he called me up the next morning over the phone, I told him they owed the County consigeredle, ond that Cruse's bill was filed here. He said honor it, take oare of yourself, and do send me something , Q. That is the reason you kept out these different amounts? A. Yes,Sf Q- That was before he assigned? A. Yes,Sir, that was his last chegk payment No. 8, Q. Baqs, when was this that you had this conversation spoken off A. You mean the date of it? I could not tell you that. Mr. Perry reports 68 windows counting Toilet Windows, ~Cross-Examination. Q. When was it that this conversation that you refer to between you and Solomon about Cruse? 3 A.\ Tt was the morning after that order was signed-- Estimate sent in ~~ 25-- A. It was sent the mornine after that order was send in=- ordered by Mr. Wheeler. Q. Was Solomen here?A. No,Sir, He was in Charlotte. Q. Where you in Charlotte? A. I was here-- it was a phone message. Q. Did yau call him, or did he call you? A. Some one called me on the phone. Q. and this conversation you stated took place?A. Yes,5ire Q. Some body who was well acouainted with the condition of affaires. A.Yes,Sir. Q@. You say you had gotten this lien notice, how long before that? A. The afternoon before that-- in the afternoon sir. Q. The notice of the lien was the one you refer to? Al Yes, Sir. Q. You were holding that money: back, and told him that thie man had filed » lien on it? Ae Yes ,~oire Q. That you were going to respect the lien of Cruse and pay it? A. He told me to do it. He told me to pay all he owed the County Q. I understood Bsaq. I was asking him about another matter? A. Yes, Sir, Q@. And when you told him that the Cruse bill had been filed-- that Cruse had filed « lien, he said it was all right, and said pay it?A. Yes, 5ir. Q. You do not remember the amount of the lien notice? A. Yee, Sir, $600 and something . Kia» Atenendeton. Q@. Are you clear that you told him thet the Cruse bill had been filed with a notice? A. Yes,Sir, I told him over the phone, or the man that was talking tO Mee. @26< Q. Do you remember the McCausland and the Piedmont Lumber Co. claims nad been filed at that time? A. No,Sir, they had not. | he failed, before the Receivership? Q. How long was that before / A. Only a day or two, three or four days. Not many days before. Defeniant Rests. Lon Cruse being duly sworn, sayst Direct. By Mr. Justice. Q. Mr. Cruse I beliefe you had a contract with Solomon Con- struction Company to do his painting on this County Home? A. I aid , Yes, Sir. Q. You filed this notice, that has been introduced with the Chair- man of the Board of County Commissiogers? A. I aid for $670. and whatever it wase I do not remember the exact amount. Q. That was the notice you filed? A. Yes, Sir. Q. Did you have an order from the Solomon Construction Co. the Board of County Commissioners to pay this? No,3ir. Cross-Examination. By Iir. Caldwell. Q. January 29,1914, I believe this bears date? A. Yous, Sar. Q@. You claim was in the hands of DBackworth & Smith? A. Yes ,Sir. Q@. They afterwaris wrote the Board of Commisal oners a Latter about it, calling their attention to it?A. Yes, Sir. My attorneys drew up that notice, I delivered it Require/th ere in person. The date I do not remember, I remember the instance in reference to it. Re-Direct. By Mr. dustice.. Q. How long was it after this was dated, was it? A. It was dated one afternoon and I delivered it the next, =27~ Q. It was dated January 29th, then you delivered it Janwry 30th. Ae I suppose that is correct. Re-Cross-Examination. By Mr. Caldwell. Q. It was down at the County Home that you met Mr. Feimster? A. Yes, Sir. Q. Mr. Wheeler was there algo? Ay 2 think so, Yes,Sir. I was expecting to meet lir. Solomon and ir. Boyd there at the same time, bat for some reason, they did not show up . Q. You got your money-=- paid to you bythe County? A.Yes, Sir. Q. Some small deduction was made for some uhfinished work? A. Yes,Sir, my men had left, and the deduction was perfectly satisfactory, because of the fact there had been some little changes since the painters had All left. It was perfectly satisfactory. After these changes were mie it would hardly juetify having the painters go hack and fix the little changes. The County just had it done and deducted it from the bill? A. Yes,Sir. Q. That is this money deducted from the bill?a. Yes,Sir. =28- It is agreed by Counsel for both litigants that on October 4th,1915, if witnesses are introduced by either party, after being duly sworn, by the stenographer, thetr testimony is to be taken by her, without the presence of Nre W.B. Gaither, Referee,, his presence being waived and assented to by himself , because of important business engarements. The testimony sa taken to be written out as other testimony and delivered to the Referee and Counsel at earliest possible moment .« Monday October 44,1915, J.B. Solomon,being duly sworn, says? Direct. By lir. Hutchison. Q. Mre Solomon ,you were in charge of the work for Solomon Construction Company in building the County Home for the Gounty of Iredell? A. Yes, Sir. Q@. Do you remember anything about a contract or agreement far extra work inrerard to the facing on the windows? A. Yes, Sir. &. The windows were left with a place on the corner-with putty put on there-- they deciésl the wanted a little casing or beading on it, not unlike that around that window. Mir. Moore the County Inspector for the County mde the figures on it. Q@. Who figure’ &t up? A. Mr. Moore the inspector ,gave me the ordere to do it, to go on and do it. Q. What was the agreement, if there was any about the price? $1.00 per window. Q@. $1.00 for each window? A. I firured it up and ranted $1.10, Mr. Moore thought it ought to be done for $.90 cents. we finally agreed on $1.00 per window, -29- Q. Have you any recollection a® to how many windows there are? A. No,Sir. Qe It was counted up about 68 windows? Ae Why I reckon that would be right. Qe Now,Mr. Solomon, the County has charged the Receiver, for some $225.00 or $280 dollars for work in completing the buildines down there, and in that statement there was, you remem- ber charged to you for cement floor and some steps, say $225,or $50 A. What was that for? A. Two pairs of steps and a floor? Qe Do you remember the kitchen floor? A. The kitchen floor when I was put off thejob was in go@d shape. Q. Assuming that floor ,for any reason, through your fault or any other reason,was defective had to be replaced, can you give any idea as to what it ought to have taken to put that floor back? 4. It would depend om the size of the room, of course, I think that kitchen Was something like 18 by 20 feet-- there mst have been 400 sq. ft, something like SOwe=e yards in it. I ought not to cost over $50.00 or $60.00, something like that. Q. Would that include tearing up the old cement? A. The old cement would pay for itself-- going back in the conorete, Used in the concrete. Q. . There were two pairs of cement steps, that had to be replaced? Q. Outside steps? A. There was no inside cement steps. I think the two pair were in the white quarters that had to be workéé over. Mr, Wheeler told me that the last time I was up there. There was two pair that had to be worked over,I do not know whether they had to be taken down and rebuilt or notf Q.Suppose they had to be taken out and replaced, what in your opin- ion would have been the cost of them? A. They were tolerably tall, I think there is about seven steps- It is not the front gBeps of the building it is the ike $80.00 6 ) ike 200 or out seven feet long, it would be worth something 1 200 to tear them olegn down and build them in, say $35.00 per pair -30—= Qe Mr. Solomon, as I understand it, the County Commissioners had the right to furnish you with lamber and brick, is that your recollection? A. Yes,3ir, Yes, there wae a set price. Q. Any statement rendered by the County Commissioners as to the $3000.00 vorth? A. Yes,Sir, they credited themselves with $3000.00 for brick end lumber. Q. And there is a credit for $1500.00 for brick and lumber and there is another item of $463.49 ,which they claim is the balance due the County for brick and lumber? A. The $1500 , they charged that up to me. Q. Did you know anything about thet item due the County, that last $463.49 item being charged up to Solomon Construction Company? A. They had two charged up to me, two different payments. Two difference payments I think before the last. One for $3000.00 and one for $1500.00. - The $3,000.00 was the first payment was it not? \ 4» That ie my recollection, that was the firet payment that we made the County for lumber and brick. At that time they rendered a statement of it, they delivered it to Mr. it wae never check over. Q. So you cannot say whether you owed the County a@ not? A. -It seeme to me that the statement was a little over $3000.00. Mr. Moore charged us with $3000.00. Q. Do you remember anything about the next item of $1500.00, when that wae charged against you? A- Ho, Sir. Q. Do you know whether they furnished you any other statement of the brick and lumber? , A. No,Sir, never got any other statement. Q. Do you remember about the time the first statement was rendered you in reference to the whether the job was completed ?A.No, Sir. -3le- Q. Mre Solomon, do you remetber having a conversation with Mr. Feimster over the phone sometime in the early part of February? A. I had several . Q. Do you remember phoning him about some money? A. Yes,Sir, I phoned him about letting me have some money, I called him up more than once and asked for money. Q. Do you recollect any time you had 4 souversation with Mr. Feimster, did he ever say anything to you about eae claim having been filed by Lon.G. Cruse Coe A. I called him up from Charlotte one day, Cruse wanted money, and I called. him up and wanted I think $1500.00, and wanted to know if I could get it to pay the painters .and some others,he said the Cruse bill had been filed, and wanted to know if it was all right. I told him that ie what I wanted the money for was to pay the painter. Q. Do you remember anything else that Mr. Feimater said in that conversation? A. I told him I wanted $1500.00, he did not want to advance me that mach money, said that the Company still owed the County for material as to how much I do not remember. Q@. You remember if he said how much it was? A. No,3ir, I do not remember how much it was. I 40 remember that there was $1500 .00 in it, whatever he told me about it-- whether we woed the county that much or what I do not remember. Q@. Did you get that $1500.007A. No,Sir, I did not. Q. How much did you get? A. I got $500.00 of it. Q. State whether or not according to your best recollection, if you have 4 recollection if you told Mr. Peimter that he could go ahead and pay Mr. Cruse the painter? A. You mean the claim he put in?A. No,sir, I es Feimster dur- ing thie conversation, in which he said Cruse had filed his olsin with the Board, that he wanted his money-- he had been after me for money, and wamted to put in a claim, but I was atanding -32= him off as long as I could trying to get the building as nearly completed as I could possible do so. I told Mr. Feimster that he and the County would have to be paid. That is what I wanted | with the money to pay them all I could at one time. To let me have what money he could, he said he would send me $500.00. There were several others wanting money. I never gave Mr. Feimster any order to pay any of them. Q. Were any others trying to get you to pay them at that time? Ae Mr. MoCaubland? &. How much did you owe him? A. $800.00 or $900.00. and the Piedmont Lumber Company had a bill. Q. They vanted to put in claims? A. Yes,Sir, they wanted to put in olains, I kept trying to hold them off to keep it off as long as I could. Grese-Bxenination. Ry Mr. Caldwell. Q. Mr. McCausland and the Pieimont Lumber Company did not file amy claim with the Commissioners to your knowledge? A. No,Sir, not thas I know of, Q. But you did have information that Lon G. Cruse had? A. Yes,Sir, Mr. Betmster told me he had. Q. Now, Mr. Solomon, the last payment that was made you, 414 not Mr. Wheeler take it to you? A. No,Sir, I think,Mr. Caldwell,that Mr. Peimster mailed it to me for $500.00. Qe Don't you recall that it was $1500.00 that Wikeeker waited over night, and wanted Mr. Feimster to send you $3000.00, and Mr. Peimster actually Aeft the Court House and dodged Wheeler until the next morning and then gave Wheeler $1500.00 for you? A, I cannot remember, I do not remember that Mr. Caldwell. My re- collection is that it was $500.00 we got at that time, wae the amount I think we got. Q. If you have gotten a $500.00 Voucher, we have never olarged it against you? . Re-Direct. By Mr. Hutchison. Q. Mr. Solomon, you are just speaking from your reoollection? A. Yes,Sir. Roht.S. Hutchison, makes the following statement; I just want to state that there is between $2,000.00 and $3,000.00 due creditors for labor and material for this job. WITNESSES. Por the Plaintiff Lon.G. Cruse,Q@me day 44 miles and return 88 miles @ 5 cents. JeBe Solomon “* " as ° ° e 88 » @8 e Por the Defendant JB. Boyd One day M.A. Peimster One day ¥.R. Sloan @Qme day tif ri Attorneye for Defeniant LC, Caldwell, County Attornay, Taken by Anné, Marvin, Stenographer. Appeal to Supreme Court, including Certificate and Seal 2.00] ../ ff |... Transcript to Supreme Court. . . . copy sheets, each.. .109 ..) 0 fo}... County Tax, when Jury impaneled Referee's CIVIL DOCKET. BILL OF COSTS--CIVIL.. ( As Fixed by the Code.) Term, 19] faa entitled to the fe | Contractor for ent es Beare — fe Amount of Contract, aioe et : Extra Work, $ semen Total, $ | | Wheel tH 44 | Am't of this Cert., SEZ2E PE &7 | p WA, Qiciin reviously Pai es 3 3k L OD tbat iz “ Balance, 9 G2 | B 191 | Received from = Dollars, as per above Certificate. aes “Momance” OCortificates. Copyrighted 198 by E. G. Sourmarn, Drawing Materials, 134—140 W. 28h Street, New York, N. ¥. _ Architect. Certificate Bo. 6 Y¥ 2 a apap ae fap tn Dacia Conmig ntract dated — _, for work upon - oknxs ae ‘ entitled to the S x Contractor for ment amoynrting dary = Ane | eg fi te €Zpoliars. i of Contract, 1APFoo |= Extra Work, $ | Total, $ VH, JCA [one Ss Am't of this Cert., \VEAl A. , | Previously Paid, $5 £2 y 2x Total paid to date, $ Pevo\e7r 4-2 O2Lihhve ZL Mar Balance, +f 64K? 7 | $ er 191 Received from | ; ale ; .-- Dollars, as per above Certificate. scbilbaiiaaasien sins che cabelas “Monance™ Certificates. Copyrighted 8 by FE. O. Sonrmane, Drawing Matertals, 194-140 W. 9th Street, New York, N. ¥. O. 3. Thies, Pres. ne RealtyCo cae Carolin? =< Rear Esrare : Phone 609 "RENTS -LOANS 211 N.Tryon St. ust 13, 1913 Solomon Construction Co., City. To Title Guaranty & Surety Co, oo $119.50 c BRALTY C6. » a Aer hy t~—— Contractor for ee entitled to the ee TEER sand forrer beremnclachani | Amount of Contract, ti SLO) P| beaek Leedeel 2 7 7 ? ee "eat, tra Vhrcekaa tax Am't of this Cert., $ s {2D | revious ai 2 CO\|o0 (ed | ; = yLiee ce VsSevo ce (Zr 2 Pttback. | | Balance, $/ CSCO oF | | g - 191 | Received from Dollars, * +, per above Certificate. scciecdedseatainiaheientiaaahats “Momance” Ocortificates. Oopyrighted ia by E. G. Sourmann, Drawing Materials, 194-140 W. 20th Street, New York, N. ¥. ; Sb ny ___.. for work upon | Contractor for- “er-raly entitled to the Co <7 Ft a — _** Dollars. Amount of Contract, io FLO ad) Extra Work, $ * Gro oo lt ir : L, ? rca Total, oo wo KH ET Ci > 7 Am't of this Cert., $awlZeo|\- | revious al SECO | | oe ee =| ceclee oe BH LL Balance, 9/4 G20 | as oe 191 Received from é a i -; Dollars, as per above Certificate. sical jpitieiiapeiaanmidite “Momanon’’ Certificates. Copyrighted 188 by E. G. Gonemann, Drawing Materials, 194-140 W. 29th Street, New Tork, N. ¥. Gertifirate Bo. 6 G 2, | Contractor for Cone “Ce ng to. f* Amount of Contract, 23.702 se i "eae 8 ie. Am't of this Cert. $4222 “wv Previously Paid, (£222 ee | | | en paid to date, LE ore < —— fia. eocekL. B_ Received from as per A Certificate. “Mowsnon” Ocrtificates. Copyrighted 198 by BE. O. Sotruarn, Drawing Materials, 19+ Gertifirate go. 654 DR Bier = u___ace Contractor for —— t amountin Amount of Contract, $<? $2? Extra Work, $ f Fee Total, $25 SFP Am't of this Cert., $__2e&ra| | Previously Paid, $ S272 |e | Total paid to date, $ Creo Balance, $ LY Received from as per above Certificate. al eateaiiah “Momancu” Certificates. Oopyrighted 1988 by E. @. Souamaxn, Drawing Materials, 194-140 W. 2th Street, Now York, 5. ¥. — gee This Is to Certify That under the terms of fhe pect dated _____.. for work upon Contractor for— payment amo “bet te | fe oe Amount of Contract, wa 3e tess get Total, hr = sn 00\ +e Wh eck. -_s Am't of this Cert, $_f 442 | Previously Paid, s{Zere| ** | Total paid to date, SRO SH VS | vo eo | fin CRN ec LE , Balance, $¢§ SF LOD o< | Received from as per above Certificate. o-easitehaieipina hiring inane “Momancm” Certificates. Copyrighted 1888 by KE. G. Sourmann, Drawing Materials, 104—140 W. 2th Street, Now York, N. ¥- dies nl feersset 7 sail Chrearty Ho CERTIFICATE ISSUED BY | | Wheck, rd bez a am *\ Certifirate Ho. G7 6 re al © | | | | ie Received from (Huet ing to ee for work upon Contractor for_Ck& on fly, Cn ; entitled to the LE ox Amount of Contrace LP PCD- ke t Extra Work, $ f 7 Le ae S Total, as gre ~- Which y bse nome ee Og | Previously Paid, 0 aSt ae | Total paid to aan, ate, 23 Sz we Balance, $ A3 vo as per above Certificate. ee scdnclinapieiasmainsciineiie “Momasom” Ocrtificates. Copyrighted 1am by EB. O. Sourmarn, Drawing Materials, 134-160 W. Mth Street, New York, &. ¥. STATEMENT Statesville, N. G. IN ACCOUNT WITH J. KE. BOYD REGISTER OF DEEDS OF IREDELL COUNTY $664.75 Please issue order for Six Hundred Sixty Four and 76/100 dollars on.claim of lon Cruse Co. for painting County Uome as per bill rendered less $5.25 additicnal work done and paid for by the County, which has been deducted from the the original] bill $670.00. Suid Youcher is to be ismed to Duckworth and Smith, Attorneys, Charlotte,N.v. Tman of noard of County Vomrission- ers cof Iredell County This May 25,1914. State of North Carolina, u. COUNTY. COMMISSIONERS’ CQPRT, , By the Bogrd that the County gle ay Statesville,3.C. dune 4,1914,. County of Iredell , In account with Solomon Construction Co., since date of Receivership. Amount due at thet tine $1717.01 One shed 8.00 Lenmber £ 5S $1727.66 Gredit Bill of Lon Cruse filed and scoepted by Board of Commissioners for payment prior to said Receivership. Gorner Tablets (Markers) y COoment Garpenter York “ 8 bage of Cement by Beriuz Lamber, screws oané sash locks Labor two days Y Replace Cement floors. labor Qbset standards Balance due. | ; : - 7 Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-'07-2M. ~. STATE OF NORTH CAROLINA, To THE SHERIFF OF. ae OULe” ww COUNTY--GREETING: YOU ARE HEREBY COMMANDED TO SUMM —— the Court tg in on the........ Monday after the Mondgy in next, then and theme to testify and the truth to say in behalf of..... in a certain controversy before s Court depending, and then and there to bgtried, wherein ° | @(Ve Leta: Plaintiff , and Defendant . And this you shall in no wise omit, under the penalty M@scribed by law. . WITNESS, , Clerk of our said Court, at office Monday after the Monday i. County. ma . Plaintiff — ~ SUBPOENA.-tCivi ve ON, Frama Tepe_ | | ' \ - } { | Rerckd e Term, 190... Cnn pe tt tun" via. eee Lh. nil;, QYWNAGF? ona A q 4 pid! ecdhen hf ! By BS. YH-Me ANS | hinge Te " “ Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,0¢. STATE OF NORTH CAROLINA, To THE SHERIFF OF Dou are Hereby Commanded to Summon personally to appear before the the Court House in... At a ft tnaei "ull As ¢< ‘ on wn Met L- 2B blige 17 1S A- ha, next, then and there to testify and the truth to say in behalf of. in a certain controversy before said Court depending, and then and there to be tried, wherein................... Af Plaintiff G Defendent#. And this you shall in no wise omit, under the penalty prescribed by law. é Witness... , Clerk of our said Court, at office in , the 23> Mondeyeatterthe.. Monday in, tk Superior Court for Cele County. Plaintiff Against Defendant - SUBPOENA--Civil { | Be. Cee Zar Seb 2 rf AE Leno one : 5 De. io O~ xt ~4-22 Ca gs i To Term, 19¢ ir “| WESTERN UNION TEL AM NEWCOMB CARLTON, PRresipanrT GEORGE W. E. ATKINS, VICE-PRESIDENT BELVIDERE BROOKS, VICE-PRESIDENT | Te ———SSSSSSSSS===aaa=—=—"7 —— RECEIVED AT 30 SOUTH TRYON STREET, CHARLOTTE, N. C. “s#ay" S85RD AN 6 COLLECT ANS RALEIGH R S HUTCHISON CU. es CHARLOTTE NC IMPOSSIBLE TO LEAVE vOB TOMORROW JE SALOMON Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M, STATE OF NORTH CAROLINA, To THE SHERIFF or LY, OLELLHBA YOU ARE HEREBY COMMANDED TO SUMMON sieeiiiides to appear before the Court House in... on the... pommsintemnennnepaiay Teg the... ae - Ley... Mendsy in... ae next, then and there to testify and the truth to say ‘in behalf of... th C. APA Defendant... en =< é , Clerk of our said Court, at office . Plaintiff. Receiver 1915 SUMMONS FOR RELIEF.—Judge.— Printed and for sale by Brady, The Printer, Statesville, N. C. SUMMONS FOR RELIEF. Dou are oe ie. hi to summon the defendant ... above named, if a be found within your County, to be and appear before the Judge of uke at the Court House in oyy Superior Court, at a Court to be held oer the County/of....... Af- Milas... c "9 on the rm = non the a Monday of the same being the 3- ~..day of oe 19! Yana answer the complaint, a copy of which will be deposited in the office of the Clerk of thé Superior Court ‘for said County, within the first three days of said Term, and let said Defendant take notice if : ..they fail to answer to the said complaint within that time, the plaintiff 4. will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. 4h Given undet-tny hand and seal of said Court, this day of 191 a Lap l ALA€F Clerk of Superior Court ee County. AGAINST We acknowledge ourselves bound unto Poet Ate)... the Defendant in this action, in the sum of... Lr ene Me Dollars, to void, however, if the Plaintiff t. WM fi. flrreades. bo £44, shall pay the Defendant...........all such cost as the Defendant... may recover of the ' See: in thjs action. Witness our hands and seals, this.. 13 : day of being sworn says he is worth the sum of two hundred’dollars over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this day of . Term, 19148 Aceunty tan M tpne 1tk 3 C0 Plaintiff's Attorney. AGAINST WVadlan. Copreph adopts +f 7A Sh LF f ‘ t : a S 3 = = SX of the Superior Court of LS 6 Zz ‘vei . Returnable whee Ahn Fee Mileage , : ~ e rn” Ne ree ig es Tr AN * SQrtey North Carolina, Iredell County. ) Superior Court. . Auguet Term,1914. M.A.Feimster ,P.V.Dotson and all other stockholders and creditors of the defendant Company ,who may come in and make themselves party plaintiffs, eee ee eee sess The Poston-Wasson Company. The plaintiffs petitioning the Court complain of the defendant and allege: Firet: That the defendant Company is a corporation duly chartered and organized under the laws of North Carolina, with ite principal place of business in the City of Statesville, N.C.,located on the Fast side of Center Street in said City. Second: That plaintiffe,M.A.Feimeter and P.V.Doteon are stockholders in the defendant Company; M.A.Feimster owning seventeen shares and P.V.Dotson seventeen shares of the par value of one hundred dollars each. Third: That the stockholders in said Company and the number of shares held by each are as follows: M.A.Feimeter 17, P.V.Dotson 17,W.J.Poston 19 shares respectively,each of the par value of $100.00 each,making a total of 53 shares ,which represents the originel capitol stock of $5,300.00 Forth: That M.A.Feimeter,P.V.Doteon and W.J.Poston conetitute the Board of Directors of said Company; ‘ being ite president MA LMcwwlts vice ‘President and Secrwetary & Treasurer. . Fifth: That for the last 5 years or more the defen- dant Company has been engaged in the retail dry goode bueiness in the City of Statesville, N.C.,carrying a stock of dry goods, shoes and men's furnishinge and other merchandise incident to its bueinese;that the capitol of the Company has been inadequate for the euccessful conduct of its businese,and by reason thereof the officers of the Company were forced to borrow money to supply the deficiency,meet its obligations and demands of the trade. Sixth: That the Company has been at great expense in operating its business,by store rent,clerk hire,taxes,insurance, interest on borrowed money and deferred obligations for purchase of merchand@ise,more than its capitol and volume of business would justify: that during the life of ite existance and career it has not been successful nor its business profitable,but on the contrary its capitol has diminished and ite obligations increased;that ite credit is so impaired,that at present it is unable to borrow money from the banks or other sources on its own credit to enable it to carry on its bueiness;that the directos and stockholders are unwilling to give it further credit by per- sonal endorsement of its obligations,without which it is impos- sible to secure loans,the plaintiffs in thie action have already endorsed the notes of the Company to the banks to the full limit of their credit and ability. Seventh: That the assets of the Company’conesist of a stock of dry goods,shoes,men's furnishings, store accounts and store and office faxtures etc. of a nominal value of about $8,000.00;while ite liabilities will aggregate $4,500.00;that owing to ite present financial conditions,its business operations will have to be suspended as the defendant Company is in emminent danger of insolvency,in fact it is insolvent and to continue to operate ite business would be unjust to ite creditore,and entail further lose to ite stockholders. Eighth: That the plaintiffs are advised and believe and so allege,that the interest of the creditors and stockhold- ere of the defendant,The Poston-Wasson Company ,demand the desseo- lution of said Corporation,and appointment of receivere to take charge of the estate and effects,collect the debte,reduce ite «a assets to cash and disburse the same to creditore under the ordere of the Court as provided by law. Binth:That summone has been issued in this cause and notige of the application for receivers given to the defendant. Wherefore,the plaintiffs ask that the defendant cor- poration be dissolved and receivers appointed to take charge of the estate,collect and reduce its assets to cash and distribute the same under the orders of the Court,and for such other and further relief,as they may be entik&ked to,and cost of action. IMMA Attorney for Plaintiff. Dh, Pitino oath that the foregoing Complaint is true of his own knowledge,except those matters and things stated on information and belief,and as to those matters he believes it to be true. Yy Subscribed and sworn to before me, a (5 day of July 1914. GQ rears reer? YCPREMAE ALG this the North Carolina, Superior Court. \ Iredell County. ) August Term,1914. ' M.A.Feimster,P.V.Dotson and all other stockholders and creditors of the defendant Company,who may come in and make themselves party plaintiffs. The Poston-Wasson Compeny. To the defendant: You will take notice that the undersigned stock- holders of the Poston-Wasson Company,will apply to His Honor B.F.Long,resident Judge of the 15th Judicial Dietrict of North Carolina,at Statesville, N.C., on Wednesday the 15th day of July 1914, at between the houre of 3 p.m. and 5 p.m. for the appointment of a receiver for the aforesaid Company when and where you can appear and slow cause,if any you have,why a receiver should not be appointed for the defendant Company. VLE PU Pager Service of the above notice is hereby accepted,and This July 15,1914. time of notice is waived. This July 15,1914. ,»Director. North Carolina, Superior Court. Iredell County, August Term,1914. M.A.Feimeter,P.V.Dotson and )) creditors of the defendant Company,who may come in and make themselves party plaintiffs. vs. all other stockholders and ! ) ) The Poston-Wasson Company. ) Thie cause coming on to heard upon the petition of the plaintiffs in behalf of themselves and all other stock- holders-and creditors,and it appearing to the Court that the defendant,The Poston-Waseon Company,is in imminent danger of insolvency,if not in fact insolvent;and notice having been served on defendant and motion not resisted: It is therefore,ordered and adjudged that the defen- dant corporation be and the same is hereby dissolved,and that J.R.Hill and W.J.Mathison be and they are hereby appointed temporary receivere of the Poston-Wasson Company,who will take charge of the estate and effects thereof ,and collect the debte and property due and belonging to said corporation with power to prosecute and defend in in the name of the corporation or otherwise,all suite necessary or proper for the purpose aforesaid,and to appoint an agent or agents under them,and to do all other acts which might be done by such corporation,that may be necessary for the final settle- ment of ite unfinished business; That J.R.Hill and W.J.Math- ison before entering upon these duties shall enter into a bond in the eum of four thousand dollare,payable to the defendant for the faithful performance of the duties of their office as receivers aforesaid: That a copy of this order shall be served upon the defendant Company and notice given to it,to appear before the Judge of the Superior Court of Iredell County,on Monday nel aay of August,1914, and show cause if any it has,why eaid receivers shall not be continued until the final settlement of ite business. Notice shall be given to all stockholders and creditors of said company as required by the. statute. This cause retained for further orders. Judge Presiding. Phe. : Ar... ackearinedy . die tine in, ORL, Lp G tue. t4 eth G kee | , bes : a, , pt / Leet lin, Xe CuvtAcy Wy" Becl- North Carolina, ) Superior Court. Iredell County. 4 August Term, 1914. M. A. Feimster, Pe V. Dotson & all other stockholders & creditors of the defendant company, who may come in and make themselves party ORDER APPOINTING PERMANENT pleintiffs, RECEIVERS. -VS- ee ee et el Stl tlt al Nplate Mtl al pl nl The Poston-Wasson Company. Whereas, on the 15th day of July, 1914, an order was made in the above entitled cause by Hon. B. F. Long, Resident Judge of the 15th Judicial District, appointing J.R. Hill and W. J. Matheson, Bemporary Receivers for the defendant, The Poston-Wasson Company, and ordering that notice of ser- vice upon the defendant, its stockholders and creditors be made by publication in some newspaper published in Iredell County, to appear before the Superior Court at the Court House in Statesville on Monday, the 10th day of August, 1914, and then and there show cause, if any they have, why said re- ceivers should not be made permanent; and whereas, on the day aforesaid said cause came on to be heard before His Honor W. J. Adame, Judge Presiding in the 15th Judicial District, and no answer to the petition of the plaintiffs in the above cause having been filed, and no one appearing to resist the permanent appointment of the receivers for the said defendant company: It is therefore considered, ordered and adjudged that J. Re Hill and W- 4+ Matheson be and they are hereby appointed permanent receivers of the defendant, The Poston-~ Wasson Company, with full power and authority, as given by law, to continue in charge of the estate and effects of said Company, collect the debts and property due and belonging to said corporation, with power to prosecute and defend in the name of the corporation or otherwise all suits necessary or proper for the purpose aforesaid, and appoint agent or agents under them, and to do all other acts, which might be done by such corporation, that may be necessary for the final settlement of its unfinished business. ligudt 10,1918, 4 i. ae dge Presiding. < — A , itl cares ee a —- ——— -_ North Carolina, ) Superior Court. Irefe1l County. August Term, 1914. M. A. Feimster, P. V- Dotson, & all other stockholders & creditors of the defendant ORDER AS TO FILING OF CLAIMS. make themselves party plaintiffs, ) ) ) company, who may come in and ) ) ) ) ) The Poston-Wasson Company. It is herein ordered by the Court: That all persons or corporations holding claims against the a€efendant, The Poston-WVasson Company, a against the receivers thereof, shall present in writing and make proof of the same to J. Re Hill and We J- Matheson, Receivers of the said The Poston-Wasson Company, at. Statesville, North Carolina, on or before the first day of temenhed, 1914, and mocore W cx bemadr blows oreditors or claimants failing so to do within said time sili-e~agzeed from participating in the distribution of the assets of the said The Poston-Wasson Company; that service of this order be made by publishing semk-weekly for three successive weeks to begin not later than the first dey of September, 1914, in the Landmark, a newspaper published in Statesville, Iredell County, North Carolina. And this cause is reteined for further directions. This August jouw , 1914. C 42 tos North Carolina, ) Superior Court, Irede}} County. ) AGSust Term, 1914, M. A. Feimster, Pe V- Dotson, & all other stockholders & creditors of the defendant company, who may come in and make themselves party plaintiffs, -vs- The Poston-Wasson Company. To the Defendant, The Poston-Wasson Company: You are hereby notified that His Honor BJ. F. Long, . Resident Judge of the Superior Court of the 15th Judicial District, hes appointed J. R. Hill and W. J. Matheson, Temporary Receivers of said Company; and that you will appeer before the Judge of the Superior Court of Iredell County in — Statesville, North Carolina , on Monday, the 10th day of August, 1914, and show cause, if any you have, why said receivers shall not be continued until the final settlement of the business of said corporation. A scopy of the order appointing receivers is hereto attached. This the 15th day of July,1914. North Carolina, ) Superior Court. Iredeil Bite 1 August Term, 1914. M. A. Feimster, Pe Ve Dotson, & all other stockholders & creditors of the defendant company, who may come in and make themselves party plaintiffs, The Poston-Wasson Company. This cause coming on to be heard upon the petition of the plaintiffs in behalf of themselves and all other stock- holders and creditors , and it appearing to the Court that the defendant, The Poston-Wasson Company is in imminent danger of insolvency, if not in fact insolvent, and notice having been served on defendant, and motion not resisted: It is therefore ordered and adjudged, that the defendant corporation be, and the same is hereby dissolved; that J. R. Hill and W. J. Matheson be and they are hereby appointed temporary receivers of the Poston-Wasson Co., who will take charge of the estate and effects thereof, and collect debts and property due and belonging to said corpora- tion with power to prosecute and defend in the name of the corporation or otherwise all suits necessary or proper for the purpose aforesaid, and to appoint an agent or agents under them, and to do all other acts, which might be done by euch corporation, that may be necessary for the final settlement of its unfinished business; that J. R. Hill and W. d« Matheson before entering upon these duties shall enter into a bond in the sum of four thousand dollare, payable to the defendant, for the faithful performance of the duties of their office as receivers aforesaid; that a copy of this order shall be served upon the defendant company, and notice given to it to appear before the Judge of the Superior Court of Iredell County on Monday, the 10th day of August, 1914, and show cause, if any it has, why said receivers shall not be continued until the final settlement of its business. Notice shall be given to all stockholders and creditors of said company as required by the statute. This cause retained for further orders. The receivers are authorized during the time they occupy the store to permit and allow Mrs. J. M. McKee to have egress and ingress to the millinery department up- stairs in said store, operated by said Mrs. McKee, on such terms and conditions as may be agreed upon by them and her. Be. F. Long, Judge 15th District. North Carolina ,) In the Superior Court. ) Iredell County.) es Term, 191, Lie Ae Feimster, P. V. Dotson, & all other stockholders & creditors of the defendant company, who may plaintiffs, ) ) ) ) come in and make themselves party RECEIVERS' FINAL REPORT. ) ) ) ) ) The Poston-Wasson Company. To the Superior Court of Iredell County: The receivers in the above matters respectfully submit the following as their final settlement of the estate of the Poston-Wasson Company: ASSETS. Received from sale of stock of goods, wares, merchandise & fixtures coming into our hands $2,939.25 Amount collected on accounts & Store Rent $61.21 Received from sale of insolvent accounts 3.25 $3,303.71 We have made the following disbursements under the orders of the Court heretofore made: Pin Tickets Postage Card Board Je We Rash, Clerk Hire Telephone charges to Winston Sign Wire to Danville ire to Winston Card Board Ice Distributing Bills Writing Paper Clerk Hire, Miss liay Swann Stamps Safe Rent Ice Book Je De. Cox, Clerk Hire Postage Ice Rubber Stamp Clerk Hire, L. Dotson Postage Clerk Hire, H. Dotson Clerk Hire, I. Templeton Postage Clerk Hire, Sadie Ward Clerk Hire, W. J. Poston Advertising Sale in Sentinel Clerk Hire, Miss Swann, Clerk Hire, We J. Poston, Clerk Hire, Gertrude Swann, Clerk Hire, W. F. Hair, Clerk Hire, P. V. Dotson, Jd. A. Brady, Printing Posters R. A. Cooper, Store Rent July 15 to Aug.15, Western Union Telegraph Co. Telegrams R. Te. Weatherman, Stamps W. J. Matheson & J. Re. Hill, Receivers Landmark for advertising Iredell Telephone Co., phone rent R. A. Cooper, store rent, Aug. 16 to Sept.15, Stamps Statesville Reality & Inv.0o. bond A. B. Walton, copying inventory Statesville P't'g. Co., circular letters Re Ae Cooper, store rent Sept.15 to Oct.15, R. A. Cooper, store rent Oct. 15 to Nov.15, Stamps Miss Anne Bell Walton, stenographic work, Safe rent City Taxes B. G. Gaither, Insurance Statesville Realty & Inv. Co. Insurance Statesville Loan & Trust Co., Insurance Stamps Statesville Printing Co. Re A. Cooper, store rent Nov. 15, to Deo.15, State taxes Pin Tickets R. A. Cooper, store rent Dec.15 to Jan. 1, Landmark, advertising Stamps Landmark, advertising sale of accounts Clerk Hire, M. A. Feimster Court Costs Statesville Realty & Inv. Co. balance on bond Stenographic work, stationery & postage $200.00 12.50 1.40 50.50 2.00 20.00 4.50 1.50 50.50 50.50 1.50 6.70 75 189.75 6.18 16.90 7.80 1.00 1.85 50.50 90.56 40 25.25 4.80 2.00 4.00 15.00 27.25 4.00 9.30 $1323.97 $1323.97 The following named umsecured creditors filed and proved their respective claims in the amounts hereinafter set forth,and in the distribution of the assets 24-1/2% dividend has been paid on each unsecured claim as follows: Claimant Dowell Helm & Co. Nuckasee Manufacturing Co. Ge. & H. Fuld The Watts Company Hickory Overall Company The Statesville Cotton Miills Cromwell Brothers Quinn-Marshall Company Dinkelman-Bubert Co., Inc. The R. M. Sutton Company James H. Dunham & Co. Williams & Shelton Co. Totty Trunk & Bag Co. Inc. Etchison Hat Co., Inc. Merritt, Elliott & Co. Frederick Iudewig & Co. Buster Brown's Hosiery Kills liorits Loth & Co, C. A. Zirckel & Co. A. H. Prenzel & Co. Drewry Hughes Co. A. Re Mhittaker Co. Daniel Mills Co, The Glovesville Silk Mills Richardson Silk Company The Spool Cotton Co. Amt.of Claim. $271.80 12.00 5.58 571.02 54.72 57.71 57241 454.84 40.70 54.42 121.03 421.73 Dividend. $66.59 2.94 1.36 139.89 8.50 14.13 14.06 106.52 10.00 8.42 29.64 103.31 9.52 5.63 2.99 24.94 3.60 6.61 6.81 7257 15.37 21.67 9.06 10.41 4.52 5.56 | Claimant Seward Trunk & Bag Co. Young-Smith-Fields Co, Weingarten S3rothers American Suspender Company Bloom & Millman Reliance Pearl Button Co. Jefferson Woolen Mills JeK.Orr Shoe Co. Séenton Brothers Snow Mecaslin & Co, Greenville Cotton Mills Siegel Rothschild & Co. Harrisburg Shoe Co. William Meyer & Co. Maass & Kemper The Maline Mills Steven & Putney Shoe Co. Frank & Attler Leob & Resenbluth Baltimore Bargain House R. A. Cooper Banizan Rubber Co. Montague Rubber Co. Durham Notion Co. Statesville Sentinel Troy Handmade Shoe Co, Je ie Cowan E. G@. Gaither Hopkins Suspender Co. J. A. Brady Cleveland Neclkware Co, Ant. of Claim. $20.65 147.48 28.96 16.60 13.50 19.75 42.69 17.95 11.69 43.75 23.78 51.06 103.80 69.19 28.60 33.95 43.18 28.40 90.52 174.05 25.25 85.56 37.03 70.55 5.00 51.75 15.23 6.82 10.90 10.50 10.89 Dividend. $ 5.05 36212 9.54 4.07 3.350 4.83 10.45 4.47 2.85 10.71 5.82 12.50 25.43 16.94 7.00 8.51 10,57 9.40 22.17 42.64 6.18 20.96 9.06 17.28 1.22 12.67 5.72 1.66 2.67 2.57 2266 Claimant Riverside Overall Co. Ve. Wallace & Sons Edward Gorbbon & Sons Meador Camthorn Co. Charlotte Mercantile Co. Hamilton Millinery Co. The Landmark Burton Price & Co, P. Ve Dotson (Lien for $90.) Me. A. Feimster (Lien for $90.) Commercial National Bank Wallace Brothers & Co. Statesville Grocery Co. JeK.Morrison Gro. & Produce Co. P. Mayer Boot & Shoe Co. Minerva Cloak Co. L. F. Stevens A. A. Dray Spool Co. The Edwin M. Knowles China Co. The Harrison Shoe Co. The Bradford Knitting Mills Statesville House Furnishing Co. William C. Greachen Glove Co. R. Re Appleton & Co. T. Weinberg Standard Fashion Co. Amt. of Claim. $42.95 190.20 23.92 162,00 160.86 14.26 1.92 73 043 96.93 487.00 1450.00 20.00 13.56 9.55 110.35 119.50 72.30 48.50 29.16 67.20 13.37 1.25 31.00 96.40 23.75 188.60 Dividend. $10.52 46.59 3.85 39.69 39.40 3.51 2 046 17.98 91.69 187.26 355.25 4.90 3.82 2.34 27.08 29.27 27.72 11.88 7.14 16.46 3.27 31 7.59 23.61 5.81 46.20 frederick Hocker 8.46 = $1979.74 $1979.74 ~— Total Disbursements $3303.71 Wherefore having collected all the assets of the defendant, Poston-‘/asson Co, and having disbursed the same in accordance with the orders of the Court heretofore made, your receivers pray the Court that they be discharged and released. This August iaye : 1914, Respectfully submitted, [endef North Carolinas In the Superior Court. Iredell County October Term, 1914. M. A. Feimster, P. V. Dotson and all other Stockholders and Creditors of the defendant Company who may come . DECREE. in and make themselves parties plaintiff vs — << AO RO ee Se The Poston-Wasson Company This cause coming on to be heard on the Report of the Receivers now on file in the office of the Clerk of | the Superior Court, it is hereby ordered and adjudged by the Court as follows; let. That said Receivers are hereby ordered | to give notice to all debtors of the defendant corporation that on the 10th day of November, 1914, all unpaid accounts | due said corporation will be advertised for sale in the manner and way prescribed by law for the sale of evidences of insolvent indebtedness. Said notice shall be given | by mailing a notice to the last known address of the several | debtors, said notice to be mailed at least ten days before said 10th day of November. 24. That all creditors of the defendant corporation shall be allowed until the 10th day of November, | 1914, to file exceptions to the report of the Receivers. 34. That if no exceptions are filed to said report within the time allowed, that then and in that event said report shall stand approved in all respects. | That all parte of said report not excepted to within the time sllowed shall stand approved. 4th. That said Receivers are hereby ordered and directed to pay the preferred claims tuxusté& set out in said report, in full, and further to pay the court coste \ as taxed by the Clerk of this court, together with such other incidental expenses as may be due or that may become due. 5th. That W. J. Matheson and J. R. Hill, Receivers, are hereby allowed the sum of $200 ~~ ,, in full for : all services rendered in this case, and said Receivers are hereby directed to pay 2 to R. T. Weatherman, Attorney, | the sum of $<.) — , in full for all services | rendered in behalf of said Receivers. 6th. That the balance remaining in the hands | of said Receivers shall then be distributed pro rata | among the general creditors of the defendant corporation. ae Sa SSS aS = ee And this cause is retained for further orders. WL dsens , —falge Presiding. cml oo North Carolina, Superior Court. August Term,1914. 3 Iredell County. M.A.Feimeter ,P.V.Doteon and others -vVs- The Poston-Wasson Company. Whereas ,His Honor B.F.Long has appointed J.R.Hill and W.J.Mathieon receivers of the defendant ,The Poston-Wasson Company,and required bond before entering upon their duties in the sum of Four Thousand ($4000.00) Dollars, Now, thherefore,we the undersigned acknpwiledge our- selves indebted to the defendant in the sum of Four Thousand Dollars conditioned upon the faithful discharge of the du- ties of our office as receivers aforesaid,by collecting and preserving the estate of said defendant and disbursing the funds therein,ae required by orders of the Court. In testimony whereof we have hereunto set our hande and seals,this July 15, “( 4. OC Kiet (SEAL) CIEL Tha a eA) AG BRAL) THEE | North Canneen In the Superior Court. Iredell County.) August Term, 1915. Me A. Feimster, P. V. Dotson, & all other stockholders & creditors of the defendant company, who may come in and make themselves party JUDGMENT. plaintiffs, -vs- ee See ee Tee ee ee ee ee The Poston~Wasson Company. This cause again coming on to be heard upon the final report and settlement of the receivers, W. d. Matheson and J. R. Hill an@ tt eppeering to the Court from Said report, that the receivers have collected all tis assets of the defendant, Poston-Wasson Company, and that they have disbursed the same under the orders of the Court, and that nothing remains in their hands: It.is therefore ordered and adjudged thet said receivers be, and they are hereby discharged and released. Thies the 13th day of August, 1915. OPES l ge Presiding. Bill of Coste—Civil.—Printed and for sale by Brady, The Printer, Statesville, N. C. hh at. } Injunction Order, including Bond aud Justification. . . CIVIL DOCKET. —EaaaESEOoommeeee=s=e——— eee BILL OF COSTS--CIVIL, ( As Fixed by the Code.) Term, 191