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INTENT TO PREFER IS ALLEGED IN PETITION
Continued from Page One.
quin, and to the Honorable Charles N. Pray, Judges of the District Court of the United States, for the District of Montana:
Petitioners File.
"The petitions of Donald Campbell, agent for Edward L. Campbell; Harry J. Henderson, Jr., by H. J. Henderson; Dorothy M. Henderson, by H. J. Henderson; Patricia B. Henderson, by H. J. Henderson; Elmer Carkeek, by Mary J. Bowden, guardian; Mr. and Mrs. J. E. Stimpson, W. R. Stimpson, by Mrs. J. E. Stimpson; Patrick J. Harrington, Mrs. K. Morrissey, W. T. File, Lloyd T. File, by W. T. File, guardian; Anne Gurtsen, John Mikojok; Roy H. Sanders, Cora L. Williams, Michael O'Leary respectfully shows that at all times herein mentioned Peter Yegen and Chris Yegen have been and now are co-partners and constitute the partnership of Yegen Brothers, doing in the state and district aforesaid a banking business and engaged chiefly in banking, and that neither of them, nor has the said partnership for a period of five years next preceding the filing of the first petition in this cause, neither of said partnership nor either member has been a laborer or a wage earner.
"That these petitioners desire to intervene and join with the first three petitioning creditors filing the first petition in this suit and to have the said partnership adjudged bankrupt within the purview of the acts of congress, and your petitioners allege that the said partnership owes debts to the amount of $1,000 and also to the amount of $2,000,000.
Depositors' Amounts.
"That the said partnership has for 10 years or more next preceding the date of the filing of this, and also the date of the filing of the first petition herein, conducted a banking house at Butte, Montana, and before the filing of the first petition herein each of your petitioners had deposited and still has on deposit in its Butte banking house, without any security, the sum of, as to Petitioner Donald Campbell for Edward L. Campbell, $822; Harry J. Henderson, Jr., by H. J. Henderson, $12.98; Dorothy M. Henderson, $13.99; Patricia B. Henderson, $14.38; Elmer Carkeek, by Mary J. Bowden, $239.49; Mr. and Mrs. J. E. Stimpson, $100; William R. Stimpson, $69; Patrick J. Harrington, $1,000; Mrs. K. Morrissey, $987.50; W. T. File, $438.39; Lloyd T. File, $38.23; Anne Gwitsen, $600; John Mukojok, $837.39; Thomas O'Leary, $285; Roy H. Sanders, $500; Cora L. Williams, $40.
"And further the petitioners allege that they are informed and believe that the said Yegen Brothers, a co-partnership, did in the months of January, 1924, and February, 1924, and previous to the 22nd day of March, 1924, being heavily indebted to the Anaconda National bank, to-wit: in an amount of more than $20,000; they, the said Yegen Brothers being then and there insolvent and knowing well their insolvency, with intent to prefer Anaconda National bank over other creditors and over these petitioning creditors, did pay on the said indebtedness to the Anaconda National bank more than the sum of $17,000; and at the time such payment was made the partnership of Yegen Brothers was insolvent.
No Answer Made.
"And further, these petitioners allege that more than five days has elapsed since Harry L. Hanson was placed in charge as receiver of the Butte bank of the Yegen brothers and neither the said Peter Yegen nor the said Chris Yegen nor the said partnership of Yegen Brothers has taken any step toward dissolving the said receivership or to relieve the assets and properties so delivered into the charge of the said receiver, to-wit: More than $500,000 worth of property from his charge or custody, and further that more than five days has elapsed since J. Henry Nibbe was placed in charge of the assets and properties of Yegen Brothers' Billings bank as receiver, and the said properties being of a value of more than $300,000, and no steps have been taken by either the said partnership or the said partners to relieve the said property from the said charge of the said receiver; therein and thereby the said Yegen Brothers, being insolvent at all times herein mentioned since January 1, 1924, have committed additional acts of bankruptcy, and petitioners allege that by placing the said Yegen Brothers' bank in Billings in charge of J. Henry Nibbe, with directions to him to marshal the assets of the creditors of that bank and likewise placing the Butte bank of Yegen Brothers in charge of Harry L. Hanson, with directions to marshal the assets there is obliged to be in the very nature of such orders preferences in favor of the depositors and creditors in one of the said banks over the depositors and creditors of the other of said banks.
Debts Not Represented.
"And further, petitioners allege that Yegen Brothers, partners, and each members of the firm, are insolvent and have been insolvent at all times since January 1; that they and each of them owe large amounts of money, and the outside of the said deposits in either of the said banks, an amount of money exceeding $20,000, and that no provision is made in the said receivership orders for payment of debts of Yegen Brothers which are not represented by deposits in the said bank, other and further preference were made against these creditors in favor of depositors in one or the other of the said banks, and therein and thereto acts of bankruptcy have been committed by the said Yegen Brothers."