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HomeMy WebLinkAboutAssignees, Receivers, and Trustees 1918-1922 Receiver 1918 SUMMONS FOR RELIEF.—Judge—Printed and for sale by Brady Printing Company, Statesville, N. O. —In the Superior Court. defendant... above named, it’ .be found within your o need appear before the Judge of Oourt, at ¢Oquatte be held for the'County ef ee ‘a Aen the...4..-Monday after wre akc os LCL SOIC ep niaaconue c i g the AF any of | “APS ppamer the complaint, » gopy pf which will be deposited in, the office of the Clerk of the Su Dag foe ssid Com, i He fet three days of said Term, and let said Defendant <>...they fail to_snewer.to the seid complaint-within thet time, the plaintiff _<__ will apply to the Court for the relief demanded in the com- plaint. * Hereof fail not, anfl of this summons make due feturn. Given under my hapd,end seal of said Court, this..1 gdatof > _19}). » m4 see GE " sdgaints Pa... 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The plaintiffs petitioning the Court, complain and allege: First: That the Iredell Hardware Company is a corporation duly created, organized and existing under and by virtue of the laws of the State of North Carolina, with its principal office and place of business on Broad Street, in the City of Statesville, and as such is engaged in business as merchante end dealers in a general line of hardware, and has been so engaged or: name years past. 8econd: That said corporation has an oustanding capital stock of $33,500.00, fully paid, of the par value of $100.00 per share; and the owners of said stock and the number of shares held by each are as follows; John W. Summers, T. ©. Summers, Todd A. Summers, R. L. Bradford, CO. E. Sloan, A. B. Wellborn, Lula C. Bradford, M. G. M. Fisher, L. M. Safrit, RB. M. Oaudle, John Hoffman, W. W. Williams, galisbury Realty & Insurance Co., J. H. Frick, D. B. Efird, B. F. Russell, N. D. Tomlin, Mre. WN. D. Tomlin, D. 8. Thomas, | Total, 310 and the other twenty-five shares outstanding are owned ty the de- fendent corporation. Third: Thet the officers of said corporation are as follows: NW. D. Tomlin, President; T. Pp. Summers, Vice-President; B. F, Russell, Secretary & Treasurer. Fourth: That when said corporation was organized it took over the business, properties, effects and liatilities of the Evans- White Hardware Co. and the Statesville Hardware & Harness Co., corporations engaged in the same line of business as the defend- ant, whose financial strength wes greatly impaired and weakened before they were merged into the Iredell Hardware Co. Fifth: That, as the successor of said corporations,the defendant was handi-capped at its beginning by a lot of old stock of merchan- dise, and many bad accounts and debts due it for ité assets, and with the heavy demands upon the defendant to meet the obligations incurred by the old corporations in order to conduct its business it was necessary from time to time for the directors of the defend- ant company to borrow large sums of money from the banks upon the personal endorsement of ite directors, subjecting the defendant company to the payment of a large interest account, the burdens of which, with the defendant company's policy of extending too liber- al credit to ite customers, with rents, insurance, taxes, salaries and wages, hagsgaused said fefendant company to become insolvent. Bixth: : ~ That the obligations of the said defendant company, outeide onli an eral of the amount due its stockholders, amount to approximately $30, 000.00, while its assets consist of a stock of merchandise end fix- tures worth perhaps from $16,000.00 to '$2C,000.00, together with, debts due the Company, whose value is largely nominal and unknown to the petitioners. Seventh: That said defendant has many urgent and pressing creditors, | making demands and threatening suit, and whose claims said defend- ' ant is unable to mest because of lack of funds; and said defendant is uneble to borrow more money from the banks because of the loans now carried there, and because the directors are unwilling and have declined to increase the amount of their liabilities by endorse- ment, and by which said defendant is compelled to suspend and dis- continue its business. Fighth: That if creditors are permitted to reduce their claims to judgment and make levies upon ité stock of goods in the confusion and disorder that must necessarily preveil, the defendant company is in danger of having its assets sacrificed. ¥inth: That because of said conditions plaintiffs are informed and believe and so allege that the interests of the creditors and the stock-holders require and demand the dissolution of said cor- poration and the appointment of a receiver forthwith to take over its effects, conserve its properties from waste and sacrifice, col- lect and reduce its assets to cash, and disburse the same under the supervision and orders of the Court, as provided by law. Tenth: That summons has been issued and notice given to the de- fendant of application for the appointment of a receiver: WHREREFORE, plaintiffs pray that said corporation te dissolved, and that a receiver be appointed to take over the pro- perties and effects pf said defendant, and disburse same onder the Court's orders, for costs of action, and for such other and further ] x relief in law and equity as they BT hy to. \ CLL ALKZ ~ Attorney for plaintiffs. a eer ee , one of the plaintiffs, being duly sworn, deposes and says: that the foregoing complaint is true of his own knowledge, except as to nettens: and ‘things: therein oldie ed upon information and belief, and: ‘as tO those matters he believes it to be true. Seer 0. and anbscribed before me Stes > ~ ete of November, ‘1917 ° CY, North reroline sy In the Superior Court, Iredell County. ) January Term, 1918. N. D. Tomlin, B. F. Russell, and all other stockholders and creditors of the defendant company, who may come plaintiff, ) ) ) ) in and make themselves parties ) ) ) Iredell Hardware Company. Whereas, ¥. D. Turner and N. D. Tomlin were appointed by the Superior Court Receivers of the defendant company, and required by its order to give bond in the sum of Ten Thousand Dollars: Now, Therefore, we, W. D. Turner and HN. D. Tomlin, AN incipals and é g ok ’ and » a8 sureties, acknow-’ ledge ourselves indebted to the defendant, Iredell Hardware Company in the sum of Ten Thousand Dollars, to be void upon the condition that W. D. Turner and N. D. Tomlin, Receivers aes aforesaid, faithfully perform the duties of their office and administer said estate faithfully, as required by law, and as they be ordered by the Court from time to time, other- wise above bond to be in full force and effect. In witness whereof we hereunto set our hands and seals, this the 14th day of November, 1917. BYe 7. maketh oath that he is worth the sum of $OICO pal over and above his liabilities, personal property exemptions and homestead. Subscribed and sworn to before me, this the Lay of November ,1917. 23 Bw BYy-Ch- ! Cy Mg 2 > £ A maketh oath that he is worth the sum of $/0000 °° over and above his liabilities, personal YA exempt i and homestead. , WS. tr fhLQ WT Subscribed and sworn to before m, this the / t day of November, 1917. maketh oath that he is worth the sum of $ over and above his liabilities, personal property exemptions and homestead. Subscribed and sworn to before me, this the day of November, 1917. maketh oath that he is worth the sum of $ over and above his liabilities, personal property exemptions and homestead. Subscribed and sworn to before me, this the day of November, 1917. North Carolina, In the Superior Court. Iredell County. January Term, 191€. N. D. Tomlin, B, F. Russell, and all other stock-holders and creditors of the defendant company, who may come in and make themselves parties plaintiff, v5 Iredell Hardware Company. To the Defendant: You will take notice that the undersigned, stockholders of the Iredell Hardware Co., will apply to His Honor, B, F. Long, resident Judge of the Superior Courts of the Fifteenth Judicial Dis- trict of North Carolina, at chambers, in Wadesboro, N. C., on 4? _— Tuesday, November 12th, 1917, between the hours of etgs¢ and tez-o P- m-, for the appointment of a receiver for the defendant company, when and where you can appear and show Cause, if any you have, why a receiver should not be appointed for the defendant company. This November 12th, 1917. Service of the ebove notice accepted, and time of service is waived. This November 12th, 1917. Pret Abhi — Oh. PY hs! PZasad As che. _—_— ve : ‘ te fs a =e | North Carettne In the Superior Court, Iredell County.) At Chambers. ~~ B. F. Russell, N. D. Tomlin, et al, stockholders and creditors, -vs~ Iredell Hardware Company. This cause coming on for hearing upon ‘the report of. W. D. Turner and XN. D. Tomlin, Recefvers of the defendant Company, filed with the Court, April 1, 2916, and it appearing, from said report, that said Receivers have on hand the sum of $16,345.43, after paying general expenses to date and pre- ferred claims, and it further appearing that R. B. McLaughlin, Attorney has rendered professional services to the Receivers, and that the basis of compensation to the Receivers for ser~ vices rendered and to be rendered has not been fixed by the Court heretofore: It is therefore considered, ordered and adjudged, First: That R. B. MoLaughlin, &@ttorney be, and he ig hereby allowed the sum of sae fobecra ied fsve Dollars for professional services rendered the Receivers to be paid by them out of the funds of the estate. Second: That W- D. Turner and MT. D. Tomlin be and they are hereby allowed Portas per cent on receipts and dis- bursements, as compensation for services rendered as Receivers aforesaid to be retained by them out of the funds of the estate. Third: That said Receivers pay to the general creditors on their respective claims a fifty per cent dividend due and payable at once. This,cau ained for further Orders. North Carolina,) In the Suverior Court, Iredell County.) January Term, 1918. N. D. Tomlin, B. FP. Russell, et al, ORDER. -vs8- Iredell Hardware Company. This cause coming on for further consideration: It is ordered, considered and adjudged that the Receivers of the Defendant Company give notice to all creditors by publication for three weeks in the Statesville Landmark, to present their claims duly verified on or before the lst day of March, 1918, to the Receivers at their office in Statesville, otherwise they will not be permitted to participate in the distribution of the funds of said estate, A he Sa Pe De North Carolina, In the Superior Court. Iredell County. January Term, 1916. other stock-holders and creditora of the defendant company, who may come ORDER. in and make them elves parties plaintiff, vs Iredell Hardware Company. This cause coming on to be heard upon the petition of the pleintiffs in behalf of themselves and all other stock-holders and creditors, and it appearing to the Court that the defendant, Iredell Fardware Co., is insolvent, and notice having been given of this motion, and seid motion not being resisted: It is,therefore,considered, ordered end adjudged that the defendant corporation be, and the same is hereby, dissolv- ed, and that Ht. A. Jur Ye "t and JL, 6. Tarrclii. 7 be, and they are hereby appointed temporary re- ceivers of the defendant company, and directed to take charge of the property and effects thereof and collect the debts cue and be- longing to said corporation with full power to prosecute and defend in the name of the corporation, or otherwise, all suite in which it is interested, and to do all other acts which might be done by said corporation that my be necessary for the settlement of ite business; that said receivers before entering upon their pan C8 shall enter into a bond in the sum of » Payabke to howe, the defendant for the faithful performance of the duties of their office as receivers aforesaid: ) } That a copy of this order be served upon the defend- > t company:, and notice given to it to appear before the Judge of ss o fo. ae Be [oot Clank - ow Jods, walang © fy, 7 the Superior Court of Iredell Coun Zap. day of Bresuhnn, (917 at 10 aru “Waklske toe oe Covrtin—a ‘i Petey tte and show cause, if any it has, ee seid receivers should not be continued wstil the final settlement of its business. It ie further ordered that notice be given to all stock-holders and creditors of said company, as required by the iiatate- This cause i oy d for further orders. hor. 1979- i ee, Judge of the (91072 12 vo fe (5m Courte’ of the 15th yndicial Dist ofy .c (3 : ) ! . ‘ Te? d of 1 Ff rei Hdur, ptr . Aer talp { 3 af che A-2 ao cW North Carolina | In the Superior Court | Iredell County | January Term, 1918 | N. D. Tomlin, D. FP. Russell, and all other stockholders and creditors of the defendant Com- pany who may come in and make themselves parties to plaintiff. vs ORDER. Iredell Hardware Company This cause,again coming on to be heard, before His Honor, B.F. Long, Resident Judge,of the 15th Judicial District of North Carolina, and being heard upon the notice and order heretofore made in the said cause, and it appear- ing to the Court that service of said notice and order has been made upon the defendant to appear this day and show cause, if any it has, why appointnent of the Receivers heretofore made should not be made permanent, and it further apoearing that W. D. Turner and i. D. Tomlin, who were appointed temporary Receivers in said cause ,jhave ezxe- cuted bond as such as required in said order, and the same having been approved by the Clerk of said Court and the motion now made to make said appointment of said Receivers permanent not being resisted ~ It is, therefore, considered and adjudged that the appointment of W. D. Turner and l.D. Tomlin as Receivers of the Iredell Hdw..Company, heretofore made, be ang the same is hereby made permanent, and all powers conferred upon them in the former order are horeby continued. This cause is retained for further orders. B_A Kag pect 0 lovit™ North Carolina,) In the Superior Court, ) Iredeli County.) April 1, 1918. B. F. Russell, N. D. Tomlin, et al, stockholders and -vs- April 1, 1918. ) ) creditors, REPORT TO COURT, ) ) ) Tredell Hardware Company. ™ the Honorable Superior Court of Iredell County: The undersigned Receivers of the Iredell Hardware Company respectfully report and file their account as Re- ceivers in the above entitled matter as follows: To sale of merchandise, Dec. 14, 1917, $13 ,981.20 " Collection on 398 Sundry a/c to Apr.1,1918, ___ 3,922.65 _ Total Receipts to April 1, 1918, $17 ,903 .65 Credited by the following disbursements: 1. Holland Bros. freight 7.51 2. B. F. Russell, taking inventory 40.00 BS. Be 3S. Thomas, taking inventory ~ 40.00 4. The Observer, advertising 1.53 5. The Sentinel, advertising 2.40 6. A. 1. Coble, rent 33.33 7. Jim & Alex, helping with inventory 4.25 8, Miss Lois Barkley, making out bills ete. 8.00 9. BE. W Culbreth, office wrk 65.00 10.Iredell Ice & Fuel Co., coal 4.10 ll. City of Statesville, Lights 4.40 12. Miss A.B.Walton, tyvewriting inventory 29.15 ~~ 13. The Sentinel, advertising , 4.80 14. W. M. Westmoreland, feeding horse 10,50 ole A. C. McHargue, Drayage 2.00 Postmaster, stamps 2.00 Iredell Tel. Co., telephone 5.75 Postmaster, stamps 5.00 Sentinel, advertising 1.68 Miss A. B. Walton, stenographic work 20.70 A. L. Coble, rent 23.67 J. H. McElwee, rent 26.11 E. W. Culbreth, office work 20.00 E. G. Gaither, Insurance 14.00 A. P. Clark, for returned goods 2.40 Statesville Printing Co., printing 4.25 J. F. Carlton, Insurance 12.09 City of Statesville, water 1.00 Postmaster, stamps 10.00 Miss A. B. Walton, stenogrephic work 6.05 The Landmark, advertising 4.80 Postmaster, stamps 10.00 SouthemRailway, freight 93 City of Statesville, tax 1917 425.60 Iredell County,tax for 1916 308.00 Iredell County, tax for 1917 280.00 B. Re Lacy, corporation franchise tax 1917, 15.46 B. R. Lacy, corporation ad v. tax 92.96 Total Disbursements . . .« «+ ++ «++ 6s «© es © # » $1,558.42 Balance on hand April 1, 1918, . . . +... «+ «6 + 616,545.48 The claims of general creditors proven against the defendant Company agrregate $24,765.61. We recommend: | “Pirst: That the Court make sllowance to Mr. RvB. McLaughlin, Attorney for professional services rendered the - Receivers. 7 ye Second: vhdt the Court fix a basis of¥oompens#ion for the Receivers, a8 provided by Revisal 1905 “Sec. 1226 Third: That the Court declare a dividend of 50% to be paid at once to the General Creditoys. ow April 1, 1918. , j Respectfully submit ted, Dedede Receiver 1918 North Carolina, In the Superior Court, Iredell County. May Term, 1918. A. S. Alley, and others, vs JUDGMENT. James W. Brown. It appearing to the Court that since the issuing of the summons and the filing of the complaint in the abive entitled action, that James W. Brown has been adjudged a bankrupt by the District Court of the United States for the Western District of North Carolina, and that H. P. Grier and ¥. D. Turner have been duly appointed Receivers of said Bankrupt, - It is, therefore, ordered and adjudged that said ac- tion abate, and that the costs in this action shall be sub- ject to the orders of the Bankruptcy Court. Ga £ th Judge esiding. a ata -<t~ ” tn ’ ‘ . ve 4 "« | Swit afin orn + « % i as ’ + iy r sojst | 8161 Final settlement of C.*’.Voils and E,W.Brawley Trustees of Coddle Creek Railway fund, Amount received from all sorces together with the sale of bonds #5292 96 Amount paid out in settlement of bonds, Mrs Simeonton together with commission of “5 to trustees with balance divided according to law on a per capita basis of echeol chil- dren in Coddle Creek Township, &5°78.46 Clerks commission #15.00 16.00 Final settienent Sworn to befeww ne this Apr the Let (Sl pF Trustees, 903s | 816! i , Taveatory oad Fort Bargain Store, Ine, B«sek NYuntain Store, Jamuary Sth, 1938. OO59999609945004604545006504068050009400496 080000 09090005000899000808008 oJ08 wd, bY | ad ° . NVQEeoaroewe Sans DP - 3 5 7 5 9 e 5 nadie ‘aire 7/ie Gor. 7 5/ as ‘eire GO. 3/4 aif . AQBe tire ene sehoes iauies shoes Chi.,dr ne ehos: Yene rubcere Yene pants. Foye pante Boye suite iene suite yYens ooates Mens overcoate Vene rain coats vense rante Overai.e# and junpere Oversei.es Ladies euite ens coats Lacive cocoate Chi.arene coats a9 40 laiies shirte ao iFeaces do dustere de r.in coate Linen punte vYense und«rteuw B.ankete Tosxeas vene ehirte risht gowns « atere Liites pettic ate Ladies dresves Ay Fon Pett ioonte Foye #uit Curtaine Pil.ow slips Shirt ~+siste "hite ekicte Night gowns Lwilee drawere Ladies shite unieresar Yiduiles Foue Ladies hose “hiidrune care Ladies erushed ‘ate vene ..cves ‘ens yvartere Aracete reokties Carried forward 44Ve7O 447-38 78.47 46034 ~5a-78 37 48 424050 434-05 37.80 37-50 24-75 ze 6238 4-95 4<.50 2030 666.5 5&é033 46.00 61-40 50-75 3-75 42050 6eV0 54-57 4200 a5 46-40 6.73 SmetGa 9.78 “0.3? «30 we 8 88 5-88 4.66 60.78 £263 4-70 4e2a@ 1.028 7.88 418.74 25-60 5. 9 +349 43-17 3.75 °45 eh 68 rd £6 Prought forvard 2 dos. Belite 13/12 des. -Yene eoliare 5/6 . Mens shirte 2/3 ® psaike Yens dravwere 4/3 ® Night gowens Union suits In‘ant wrappere Cab vaieta pieces Underwear Ladies underehirte Undershirts Cabinete Pearl vuttons 1/6 dos. Coreete , i/2 Crochet cotton ® Unien suite Crib blankets Dos. gSeeatere 1i/i8 des. Leties vests yards Bry goode iot Ribvon case Pearl buttons iot Cape Shizt dos. Shoe polish Show case Of notions Nene hate Ladies hate “and rps 011 eloth Toys Boys suite Shirte Sweaters Union suites Yacki-aw coat Rot ions tose Skizt vrapring paper National cash regiscter Iren safe Shew cases Coat hamgere and drees figures Tables and shelving Coal steve writing dsek ~ oe ~ om - Sete + Sew Ieee re er Oren ere ee Ory Oe Taventory 014 Fort Bargain Store, Ine. Statesville store, N. C. ; - Jamuary Stb, 1918 SES tee ee a ee te RO ARE ch NRE ky A SR Re me yO ec AO Sm ce Am ce eS A a te te cme NE oy te ee #7. peire 48 9 is ‘ \". : 1 pair 177 peire 88 20 23 8 ai 3 41 65 50 48 Yene shoes Fomene shoes Boys shoes | Rubbere Slippers Mene pants Nene suite Vens Goate Mena evercoatea Mene Mackinawe Mens raincoats Chiide raincoats Beys suite Royse pante Lailes @ioake Ladies wash ekirte Ladies suite Ladies ekirte Ladies shigt -aiste Childe eleake — Chi.de dreeses and skirts Chiide scarfe and cape Childe ew aters YVene sweaters Mene everalis rnit capes Shee liseve Suspenders Supporters Armletsé ranma@d silk Croohet eetton Cei.are Neekties Com be Mene hose Ladies hoee Coreets Towels Shirte Vens underehirte Chiidrens union suite Ladies union suite Ladies drasere Ladies vests Night yowne Viddies Underwear. Tindeow shades Petticoats vondkerchiefe 710.790 61.45 61-30 1.35 4-00 360. 35 186.20 69.80 83.80 7.00 26.65 es 2406 58.80 2a7.75 12-00 66.0. 74.40 285.80 65.92 41.26 8.25 14-43 93.05 29.52 16.87 2.28 20.17 9.06 4-58 a-03 7 ev0 44.05 a9.40 43-10 87.26 64.38 38.45 11-48 221.68 49.95 28.90 43.54 41-78 38.50 42.60 23.15 71.68 Pima te~dnaucl Cioves Biankets ~ of Brought forvard Nene hate Ladies hate presse goods Resinante Ribion ‘nanikerchiefe Wotione Showcase Tabice Store fiatures yooking g.aee Coa. stove wrap ing paper STAT" OF NORTH CAROLINA, IN THE SUPERIOR COURT COUNTY oF [redell. REFORE THE CLERK. IN THE MATTER OF THE DIED ) OF ASSIGNMENT BY OLD FORT ‘ BARGAIN STORE TO R.L.WOOD- ARD, TRUSTEE, FOR BENEFIT ; OF CREDITORS. TO THE CLERK OF THE SUPERIOR COURT OF Tredell COUNTY. ‘ss. . 04d Fort Barkain Store, a corporation, having,on the Sth. day of January, 1918, executed to R.L.Woodard, as Trustee, a certain deed of assignment for the benefit of its ereditors, the sane being registered in the office of the Register of Deeds for Buneombe County and for Iredell County, the said trustee, pursuant to the requirements of section 968 of the Revisal of North Carolina, doth hereby make and file an inventory under oath, giving a complete,full and perfect account of all property that has eome into his hands or to the hands of any person for hen, by virtue of sueh deed of trust; the same being fully set and comtained in the sheets hereto annexed and made a part hereof, The figure set opposite the items in said inventory designate the cost prices of the artieles, as given to the heretofr trustee by I'.Sbhineberg, anf officer of said sorporation and,in eharge of the store at Statesville, N.C. ees bemnlxyanin Subscribed and sworn to before me this the 14th. | .-1918, | My COR MIGSION EXPIRES JULY 24th, 1919 < Receiver 1921 North Carolina, In the Superior Court, Iredell County, December 27th, 1918. N. D. Tomlin, B. F. Russell, and others, stockholders and creditors,( REPORT OF RECEIVERS, vs December 27, 1918. ) ( ) ( ) ( Iredell Hardware Co. To the Honorable Superior Court of Iredell County, North Carolina: The undersigned, Receivers of the Iredell Hardware Company, respectfully file herewith their account since last report to the Court of April l, 1918: fo balance on hand April 1, 1918, $16,345.43 To collections since Avril 1, 1918, $3,181.94 Total, eL19, ° By 4% commissions on $21,085.79 charges, $843.43 By 4% commissions on $20,274.70 disbursements, 810.99 1,654.42 , . By expense account, station- ery, stamps, stenographer, %«o.71.99 By R. B. MoLaughlin, 500.00 Attorney, ' §71.99 ° + ’ ° Paid to creditors 50% dividend, 13, 269.30 Balance for distribution to creditors, S 4,051.66 We recommend that a dividend of fifteen (15) per cent be declared in favor of the creditors On proven claims. December 27th, 1918. Respectfully submitted, oe UR ce rd Brut Receivers of the Iredell Hardware Company. North Carolina , In the Superior Court, Iredell County, December 28th, 1918. Ne D. Tomlin, B. F. Russell, and others, stockholders and creditors, vs Iredell Hardware Company. This cause coming on for further orders, upon the report of the Receivers of the defendant Com- pany, and it appearing from said report that the Re- ceivers have on hand $4,031.66 for distribution pro rata on the proven claims against the defendant, and they having recommended the declaration of a further dividend of fifteen per cent on said claims of creditors, payable December 30th, 1918: It is, therefore, considered, ordered and ad- judged that a further dividend of fifteen per cent be, and the same is hereby, declared on the proven claims of oreditors to be due and payable to said creditors out of the fund aforesaid on or before the 30th day of December, 1918. This cause is retained for further orders. resi for the Fifteenth Judicial District. Yorth Carolina,) In the Suverter Ccurt, ) Iredell County.) Avril 1, 1918. Be Fe puseell. MN. D. Tomlin, et al, stockholders and creditors, REPORT TO COURT, -vs- April 1, 1918. Tredell Hardware Company. ™o the Honorable Superior Court of Iredell Vounty: “he undersigned Receivers of the Iredell Hardware Connany respectfully revort and file their account as e- oeivers in the above entitled matter as follows: To sale of merchandise, lec. 14, 1917, 312 , 981.20 " Qollection on 398 Sundry a/c to Apr.1,1918, __— 4, 922.65 Total Receipts to April 1, 1918, 317,902 .85 Credited by the followinr disbursements: 1. Holland Bros. freischt 7.51 2. B. Fe Russell, taking inventory 40.00 BS. Be 3. Thomas, taking inventory 40.00 4. The Observer, advertising 1.5% 5. The Sentinel, advertising 2.40 6. Ae Le Coble, rent : 33.32 7. Jim & Alex, helping with inventory 4.25 8, Mise lois Berkley, making out bills etc, 8.00 9. BE 4% Culbreth, office wrk 65.00 10.Iredell Ice & Fuel Co., coal 4.10 ll. City of statesville, Lirhts 4.40 12. Mies A.B.Walton, ty ewriting inventory 29.15 12. The Jentinel, advertising 4,80 14. W. U. Westmoreland, feedinre horee 10.50 #1 - A. C. MoHargue, Drayage Postmaster, stamps Iredell Tel. Co., telephone Postmaster, sgtamrs sentinel, advertising Miss A. Be Walton, stenorraphic work A. L. Coble, rent J. He McBlwee, rent E. W. Culbreth, office work EB. Ge Gaither, Insurance A. P. Clark, for returned poods Statesville Printing Co., printing J. F. Carlton, Insurance City of Statesville, water Postmaster, stamps Miss A. B. Walton, stenographic work The Landmark, advertising Postmaster, stanps Southem Railway, freight 95 City of Statesville, tax 1917 425.60 Iredell County,tax for 1916 2086 .00 Iredell County, tax for 1917 280 .00 B. Re Lacy, corporation franchise tax 1917, 15.46 B. Re Lacy, corporation ad v, tax 92.96 Total Disbursements .....+++-+ «++ + + $1,568.62 Balance on hand April 1, 1916, . . «+... + «+ «+ « «$16,346.43 The claime of general creditors proven agninst the 3 defendant Company agrregate $24,765.61. j -2- We recommend: First: That the Court make allowance to lr. R. B. MoLaughlin, attorney for professional services rendered the Receivers. | Second: That the Court fix a basis of compensation for the Receivers, ss provided by Revieal 1905, See. 1226 Third: That the Court declare a dividend of 50% to be paid at once to the General Creditors. April ‘3 1918. Respectfully submitted, WO res Uy ae North Carolina, In the Superior Court, Iredell County, December 27th, 1918. Ne De. Tomlin, Be Fe Russell, and others, stockholders and oreditors, ve Iredell Hardware (Co. REPORT OF RECEIVERS, December 27, 1918. To the Honorable Superior Court of Iredell County, North Carolina: The undersigned, Reseivers of the Iredell Hardware Company, respectfully file herewith their account since last report to the Court of April l, 1918: fo halanee on Aprii i, am, $16,345.43 ¥ To collections Aprit i, Total, By 4% commissions on $21,086.79 charges, $643.43 By eommiasions on $20,274.70 disbursements, 810.99 By expense account, station- ery, stamps, stenographer, &e.71.99 By R. Be MoLaughlin, 600.00 Attorney, Paid to ereditore 60% dividend, Balance for distribution to creditors, We recommend that a dividend of fifteen (15) per cent be declared in favor of the oreditors on proven claims. December 27th, 1918. Respectfully submitted, DWI ced 20, Ws Doetc/ Regeivers of the Iredell Hardware Company. North Carolina , In the Superior Ceurt, Iredell County, December 28th, 1918. Ne De Tomlin, B. Fe. Russell, and others, stockholders and creditors, vs Iredell Hardware Company. This cause coming on for further orders, upon the report of the Reoeivers of the defendant Com- pany, and it appearing from said report that the Re+ ceivers have on hand 34,051.66 for distribution pro rata on the »roven claims against the defendant, ani they having reconmended the declaration of a further dividend of fifteen per cent on said claims of creditors, payable December 30th, 1918: It is, therefore, considered, ordered and ad- judged that a further dividend of fifteen per cent be, and the sane is hereby, declared on the proven olains of creditors to be @ue and payable to said creditors out of the fund aforesaid on or before the 20th day of December, 1918. This gauge is retained for further orders. Judge Resident and Presiding for the Fifteenth Judicial a District. North Carolina, } In the Superior Court, Iredell County. | January Term 1921. N. D. Tomlin and B. F. Russell and others -VS- Iredell Hardware Company. This cause coming on to be heard upon the petition of the Receivers ‘a oe order to sell the insolvent claims due said estate, and it appearing that the attached list of claims due the estate are insolvent and uncollectable: IT IS THEREFORE, considered, ordered and adjudged by the Court that the Receivers of said estate be, and they are hereby ordered and directed to sell the said list of insolvent. claims at the Court House Door, after ten days advertisement, at public out- cry to the highest bidder for cash. A Fudge Presiding in the istrict. North Carolina, 4} In the Superior Court, Iredell County. } March 19, 1921. N.D. Tomlin & W. D. Turner } and others, Stockholders and } Creditors -VS= } FINAL ACCOUNT OF RECEIVERS, Iredell Hardware Company. j TO THE HONORABLE SUPERIOR COURT OF IREDELL COUNTY: The undersigned Receivers of Iredell Hardware Company respectfully file herewith the rinal Account: To balance on hand April 1, 1918 $4,031.66 Collected on sundry Accounts 799 -79 sale of Insolvent march 12, '21 24 .00 a Oe ae CREDITED AS ¥OLLOWS Divident to creditors $3,097.77 By vVlerk hire etc. 78 .25 vost of proceedings 21.35 J Re Scott JT Ex. Ue ?. A. R. B. McLaughlin 115.00 N. D. Tomlin & W. D. Turner Rec. bal on coms. 536.53 Retained by Receivers per Order Court on expense act. . 206.55 4,855.45 Respectfully Submitted, a Receivers Iredell Hardware Company. North Carolina, |} In the Superior Court, Iredell county. | March 19th, 1921. N. D. Tomlin, B. F. Russell et al. Stockholders and Creditors, -VS- Iredell Hardware Company. This cause coming on to be heard before the under- signed Resident Judge of the 15th Judicial District of North Carolina, upon the Final Report of the Receivers in the above entitled cause: IT IS, considered, ordered and adjudged that said Receivers pay to J. A. Scott Jr., Bxecutor C. T. A- of R. B. McLaughlin, the sum of $115.00, the balance due him for expense and professional services for said estate; and that N. D. Tomlin and W. D. Turner, Receivers, may retain for their services the sum of five per cent on receipts and disbursements, and for what- ever balance may be in their hands after paying the above amounts, the same may be retained by said Receivers on their expense account. = a i esie Satter North Carolina, | Superior Court, Iredell county. | March 5 4981 NW. D. Tomlin, B. F. Russell and others, stockholders and . creditors -V5- FINAL REPORT OF RECEIVERS Iredell Hardware Company. TO THE HONORABLE SUPERIOR COURT OF IREDELL COUNTY: The undersigned Receivers of Iredell Hardware Company respectfully file herewith their Final Account: To balance on hand April 1, 1918 $4,031.66 To amt. collected on sundry claims & 823.79 insolvent $4,855.45 CREDITED AS FOLLOWS: Cost of proceedings $21 .35 Expense Account 78 «25 Divident to Creditors 3897 -77 3,997.-37 $ 858.08 BALANCE ON HAND SUBJECT TO ORDER OF THE COURT: Open for Court Order: R. B. MoLaughiin, Atty. W. D. Tomlin & W. D. Turner, Receivers Respectfully submitted, Receivers. 2ist, 1921. Receiver 1922 SUMMONS FOR RELIEP.—Judge.—Printed and for sale by Brady Printing Company, Statesville, N. 0. County--In the Superior Court. G AGAINST SUMMONS FOR RELIEF. the defendant... above named, if_¢ .be found within your ty, to be and appear before the does of Ditka ab gti, er Mth... ~at the Court House in , E Galea of _Cafodeandece the same being the... /ag..day of ....$~_.b-f-...--..-.-- 1914.., and answer complaint, a copy of fail to answer to the said the relief demanded in the com- three days of said Term, and let said Defendant take notice if..¢ complaint within that time, the plaintiff.9___ will apply to the Court f plaint. Heredf fail not, and of this summons make due return. Given undér my hand and seal of said Court, this... day of _ O24, iesbaidbanias Ty which will be deposited in the office of the Clerk of the Superior Court ‘a said County, within the first Cl void, Bm bodes ______ shall pay the Defendant-\$__. all such cost as the Defendant__.._. may recover of the Plaintiff.c5___ in =-¢C/ .___-_Dollars, to Py NegsiG2e----- 22 AL Dy BOND. of... $4<ete— —-~— F— a ‘ «* | In the Superior Court. 4. ween nn ann enn -- +--+ ~~ +--+ - 2 ep +--+ +--+ / \ werk a ‘we ,--~~> ge 4 5 oe oqqvarnyey ‘IZITIU ~WOiI SNONWNAS < > ~~ 3 2S ' \ ' ' ' ! ' ! ! t i I ' ! t ' ' ' t ' ' ' ' ' ' ' ' ' ' ca ' ' ' ' ' ' t ‘ ! ' ' ‘ ! ' ' ' ' ' ' ' ' ' ' ' t ' ' ' i ' WP in the Against Bhag MK Sworn to and subsapibed before me this__...._.day of -.---.-----------------_---191___- We acknowledge ourselves bound unto_._____-_ ‘Witness our hands and seals, this 4 ___day of 4 the Defendant____ in this < zZ 3 ° 2 < S = az S 4g 3 faa = | < bs ® + ~---------------------~-.---------.--. being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. however, if the Plaintiff_ (Ae acee GL, ¥ ic: “91S | DO De oni CI yp Whiter Dee. Lefts rele Af Coc flair, of Hoffmrok Atgy Ly a evileonn heeky organegl trudey Ia loro Tour the Cereluien, Cork % of fare , | Us ene. tts. ey ygey ale tbewk Jor Renan t (pir eek) te tene! cote, 2 | Astle <_ pant. ref , he ai ih eke ase & de dathion a5 fpf | i } ! VE Li onetei wh ez Ah fora : <q * North Carolina In the Superior Court. Iredell County W. P. McLain and C. W. McLain and others vs Miller McLeim Supply Company Know all men by these presents that we, Dorman Thompson as Principal, and Late Sta ler Aikelt: ank ee ty , a8 sureties, are held and firmly bound unto the Miller MoLain Supply Company in the sum of Two thousand dollars, to the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. Signed and sealed this the 4th day of October, 1918. Whereas the Honorable B. F. Long, Judge residing in the 15th Judicial District, did by order made in Chambers on the 4th day of October, 1918, in the above entitled proceeding, appoint the above bounden Dorman Thompson temporary Receiver of all the property and assets of the Miller McLain Supply Conpany; and whereas seid order required the said Dorman Thompenn before netering upon hie a@uties as such temporary Receiver to execute a bond in the sum 4 of Two thousand dollars, to be approved by the Clerk of the Superior Court of Iredell County; Now therefore the condition of the above obligation is such that if the above bounden Dor an Thompson shall faithfully discharge his aéutées as such temporary Receiver of the #fller McLain Supply Company, and shall faithfully discharge, carry out and obey all ordere of the Court touching the administration of his trust as such temporary Receiver, and an the event that said Dorman Shompson is appointed permanent Receiver of the Miller 4 oo. McLain Supply Company that he shall in that event faithfully caryy out, perform and obey all orders that may be made by the Court touching the administration of such trust as permanent Receiver, and shall faithfully collect, preserve and care for the assets of txkm said Miller Mclain Supply Company, and shall account for and pay out said assets under the orders of the wy Court, then this. obligation to be mull and void, otherwise i: ¥ 4 fall ferce and effect. | | Fee acct rag OO, Tacs 1919 KO Win rerhe | Ke dud , | toca Lofts okra ee a. the las Cc mle Liner Meeevnnn of Ti [letlir-Jtt Hain. Sift, Corfu Gy Cor onal py. gh dna Gok Come kx gr~ Can tfeftner bf Be he flares Crh of Fe Aan Geoed, ak LOL, rita %2, Tptendn, 1h Cte hae (91S lanl thew le cust “ay Yew Athos sy x rae - LL fe Ya Sor Mitr. Me Lo. Coffs, Aut sc he Mok ‘ tet, La. azizey, Gocpasy ae Lite Re fain font Corptrreli te saa hy COLME Haz Kh CuacTerr xf bac. Crporchin these "me Aut th bal) Boy of Matunter 197G wher G fo / Lack Mow; bone (t. ttre Phat. Pave Hehte Po ee a fake. Chein, of the Be awk he tet a RA. for ther (3) hurt mesa 2 Or Baws . oe Hs posh ose 7 Crees alive rth pilmshet pee iin Peace Co : ty Salesville, NE November 9ti,1918 yay J A.tlurtness,C.8.C. A‘ SUMMONS FOR RELIEF. - | ae @ mu: om To the stockholders, creditors, AE LAN S others interested in the affairs of Miller- . McLain Supply Company: You will take, notice of the following summons, whieh ia an cE . action for the «ppointment of a receiver for \” ." ‘ Po ey im, s the defendent company, with a view to set- oR. R.. CLARK, PROPRIETOR tiing tts affairs. ™ ~ - ‘ ’ - “ : . Iredell County * te ag ge ON re : 7 77.7 TA W. P. McLain an . ; cLain, # <LisHED TWIck-a-weer: TY¥ESOA 7 holders in defendant company, in behalf of ‘ ' ; : ¥ AND retmay 7 vs themselves and creditors who may join b fae “™ 3 as go : = against ee Supply Com pany. ; | tate of North Carolina. ' ' | te the sheriff cf Iredell county--Gresting: 19 [14 1 08 | 16 | 17 | BT 9 3 | 2 | 25 [2 [27 |28 OREDITS You are hereby commanded to summon Mil- Mclain Supply Company the defen - | ibove named, if it be found within your counyi ty, to be and appear before the Jude of ou. Superior court, at # court to "he held for the county of Iredell st the court house in Sintcs- | yille on the 6th Monday after the first Mon- day of September the tame being the 14th day ef October, 1018, and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superiér court for said coupe ty, within the frst three days of sald term) end let sald defendant take notice if it falls io answer to the ssid complnint within that Eimngp the piainiffs will apply to the court for j ithe relief demanded in the compinint Hercof fail not, and of this cummons make { dee return. Given ander my hend and seal of said Court, thie 4th day of October, 1918 J. A. HARTNESS, Clerk of & pene Court Iredell County. 18, a. 5 — 4 Mii Nerth Carelina In the Superier Ceurt. Iredell Ceunty Ww. P. MeLain and C. W. MeLain and ethers, Steekhelders ané Crediters umt ef Miller Melsin Supply Cempany. vs Miller MeLain Supply Cempany This eause coming oh te be heard upen the repert ef Derman Thempsen, Receiver ef Miller MeBein Supply Cempany, and it appearing te the Ceurt frem said repert, that the Reeeiver has em hand the sum ef $3,205.57 after paying the items set eut im said repert, and it alse appearing that the preved and accepted elaims against the defendant Cempany aggregate $6,094.30, and that there awe ether clains presented whieh have net been secepted and adjusted amounting te $954.76, and alse claims that the defendant Company is secondarily liable upen, and it appearing further that said Reeeiver has recommended a dividend ef 25%, payable Jan. 6th, 1919, upen all preved and accepted claims, and it appearing further that said Reeeiver has made a recommendation fer an allewanee fer the Atterney, W. D. Turner, EBeq-; It is therefere eensidered, erdered and adjudged let. That Derman Thempsen, Reeeiver ef Miller MeLain Sup- ply Cempany, pay te W. D. Turner, Esq-, Atterney, fer prefessienal serviees rendered the sum of Ware [lectied) bata f: 02) 24. That Derman Thempsen tetain for his services as Reeeiver in the Settlement ef said estate, o £ on all reesipts and disbursenents.( brie 4 * wei 4» hrstucemer,) 3a. That a dividend ef 264 be, mad the same is hereby de~ elarea on all preved and accepted claims, and en all claims pre- sented, that may hereafter be appreved and accepted against the defendant Cempany, said dividend te be due and payable cen Jan. 6th, 1919, er as seen thereafter en any ether elaims presented and whieh shall be legally adjusted. This cause is retained fer further erders. Signed at Statesville, N. C., Jam. 4th, 1919. : Corwk, « brit, LK ofprrrThy fhe , mp Re tum op lor tontnud eter] Cnplihod f h faitlfne Lez kaye hot hale op Mooney laud or Fe ee LO Ormet, see heenoyo 1 forefheilin ttaatoby North Carolina 4 In the Supcrior Coutt Iredell County f January Term, 1922. W.P.MeLain and others ' vs { ORDER TO SELL £VIDE:CeS OF Dest. lidller-McLain Supply Co. | ¢ This cause coming on to befheard st the January Term, 1922, of the Superior Court of Iredell County on the report of Dorman Thomps of, Reaetver, {n WiTerseta receiver asks for the right -andpermission to sell the accounts in Bhe hands of said receiver and due the defendant, which eccounts in the opinion of the re- ceiver can not be collected ard are deemed by him insolvent, we” It is ordered and adjudged by the Court that said Dorman Thompson, Receiver, ve aré ke ie hereby euthorized to sell said evidences of indebtednecs,after 20 days notice by publication et the court house door of Ireéell County and four other public pleces in said county, for cash to the highest bidder, and seid receiver shall make return of the proceeds of said sail as in Other cases of assets. fro. 2 North Carolim jf In the Superior Court Iredell County | January Term, 1922. W.P.MeLain and others { vs q REPORT OF RECEIVER Miller-MéLain Supply Co. } é ei 7 se ot the SuperAor Court of Ircdell County: ( ty Dorman Thompson, Receiver of the Miller-McLein Supply Company , would respectfully report to the Court that he holds certain debts due said insolvent defendant, which after due diligence and attempting to collect same, he finds himeelf unable te-Sllect and deeme same insolvent and uncollectible. a He, therefore, respectful ly asks the court to order said Receiver to sell said evidences of debt at public auction for Gash as ay by law, This oe of February, 1922. “Ghsfege North Carolina] In the Superior Yourt Iredell County} . : W. P. MoLain. and Others i vs f QO MNiller-McLain Supply Ca. | This cause coming on for further hearing at this term of the Court before the undersigned Judge presiding, and thé death of Dorman Thompson, Receiver of the defendant Company heretofore avpeinted having been suggested, It is, therefore, considered, ordered and adjudged that John A, Scott, Jr. be,and hé is hereby appointed teceiver of the defendant Company, with full authority to act as Receiver. “e North Carolina j| Iredell County } In the Superior Court « W. ?. MoLain and 6. ‘7. MeLain and Others VS FINAL JUDGMENT J ' j j ! } Miller-licLain Supply Co. This cause coming on to be heard at the November Term, 1923, before His Honor, 3B. F. Long, resident Judge of the Fifteenth Judicial District, in which Iredell County is located, and Judge holding Courts of the YPifteenth Judicial District, upon the report of John A, Scott, Jr. aypointed by thés Court as successor to Dorman Thompson, the deceased Receiver, and at appearing to the Court that the said Receiver has filed his final report, setting forth that all of the assets have been collected and the estate administered, and that a total of 43% has been paid by the Receiver on the claims filed with hin, and that there is no further funds in his hands for distribution, It isc, therefore, considered and adjudged that the report of the Receiver be approved and that he file the same with the papers in this case, and thet the said Receiver be, and he is hereby discharged, and it is ordered and adjudged that the sureties upon the bond of Dorman Thompson, xecciver, be oa from furtner liability on account of said bond. It is further ordered that the Receiver shall retain for tne use and benefit of said Receiver and his attorney, the balance of the money now on deposit to his account as compensations for tneir services, the said amount being included within the commissions allowed,as set out in the final report. Bd: of 2 eenta io ial District, holding the Conrts of the Fifteenth Judicial Diatrisct Nov. 14th, 1923. . @. ° " North Carolina In the Superior Court. Iredell County w. P. MoLain and C, W. MoLein and others, Stockholders and Creditors of the Miller MoLein Supply Company REPORT OF RECEIVER. 18 Miller MeLain Supply Company TO THE SUPERIOR COURT OF IREDELL COUNTY: The undersigned Receiver of the Miller MeLain Supply Company begs leave to report the Court as follows; That pursuant to the order of the Court the Receiver took charge of the assets of the defendant Company and proceeded to convert said assets into cash by a sale of the property and the collection of the accounts. I give herewith in detail a statement of the receipts and disbursements to the date of this report. Beceipts. Bank balance found by Receiver $165.99 eash and checks in safe 24.55 sale of merchandise and fixtures 1,856.27 sale of automobile 592,50 collections of sundry accounts 1,086.75 foTaL ———J3, 25.08 Credited by following disbursements. Ostober 17th, 1916 - R. V. Brawley Stamps $2.14 Oetober 2ist, 1916 - Cash Stemped envelopes 3.21 October 2let, 1918 - Gaston Tuck Wages 6.21 Wov. 24, 1918, «A. L. Mille Stenographic work 3.10 Nev. 4th, 19186 ~ A. J. Salley - Work in making three ecpies of inventory and making cal<- evulationse of same 10,00 '@ 30th, 19168 M.. P. Alexander County taxes $58.02 6th, 1918. - A. L. Mills Stenographic work 2.50 18th, 1918 - R. B. Brawley Stamped envepepes 1.07 lst, 1918 -A. L. Mills Stenegraphic work «75 let, 1919 -B.R. lacy State texes 18.41 3a, 1919 -%. D. Miller Rent 29.97 3a, 1919 ~- The Landmark Notices 3.30 4th, 1919 L. FP. Ervin City Taxes for years 1915-16-17-18 184.79 TOTAL $318.47 Balanee en hand $3, 205.37 The follow@ng is a statement ef the ehhims filed with the Reeesiver; Claim secured by mortgage and whieh must be paid in full - Dtreit Seales Company Claims ef general ereditors which have been filed with the Receiver and appreved Claims whieh have been presented te the Receiver but whieh are net yet aegepted but are still subject te adjustment Claims upen which the defendant Company ie secondarily liable; (These claims are notes which were given te the Miller MeLain Supply Cempany and in turn diseounted by said Company to the First Hational Bank. These netes were eutstanding at the time the Receiver was sppeinted and the defendant is liable en said netes as enderser. The ameunt ef these netes ef whieh netiee has been given te Reeeiver is here given) $1, 146.17 A mumber ef aecounts still remain upon the beoks ef the defendant Company uncollected. Seme eof these accounts are good and will be collected. Many of said acceunts are old hewever, and the amount that Will be esellected en name I recommend that a dividend of 25% payable Jan. 6th, 1919, be paid on all proved and accepted elaims, and a like dividend on such other claims as may hereafter be accepted. I recommend tha W. D. Turner, Esq., Attorney for the Receiver and the estate be allowed the sum of $200.00. I respectfully ask that the basis of the eompensation ef the Receiver be fixed by the Court as previded by the Statute, ) Respectfully submitted, -DEPARTMENT OF CULTURAL RESOURCES DIVISION OF ARCHIVES AND RECORDS CERTIFICATE OF AUTHENTICITY This is to certify that the micrographics appearing on this film are true and accurate reproductions of records originated during the normal course of business by the _Iredell County and consist of Assignees’, Receivers’, and Trustees’ Records 1843 - 1941 The records begin with C.2, 054. 929. O¢ 4utdy 77: Rice ot L443 and end with_C.2. O54. 929 08, Yvber 9. Ricecver~ Line. It is further certified that the above records were microfilmed in conformity with the provisions of the General Statutes of North Carolina, chapter 8-45.1 and 8-45.4, "Uniform Photographic Copies of Business and Public Records as Evidence Act"; that the microphotography processes accurately reproduce the records so microfilmed; that the film forms a durable medium for reproducing the original, if necessary; and that the film used conforms to American National Standards Institute, Photographic Films-Specifications for Safety Film, ANSI IT9.6-1996 and American National Standards Institute, Imaging Media (Film)-Silver Gelatin Type-Specifications for Stability, ANSI / NAPM IT9.1-1996. This is further to certify that the microphotography processes were accomplished by the undersigned on the date and at the reduction ratio indicated below. Date filming of this reel began 3 - 2-73 Reduction Ratio VATiIOUS Date filming of this reelended 5- 70-73 LHhhbn Soutiatoe