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In Litigation in Former Bank of Americus Case. Mr. Thornton Wheatley as receiver of the old Bank of Americus, was instructed yesterday by order of court to pay to Messrs W. P. Wallis and R. L. Mayward the sum of $500 each, as partial payment of their fees in the very lengthy litigation growing out of the collapse of that bank eight years ago. It is thought that the lengthy and intricate case may be finally wound up at the next term of court.
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PROPERTY OF AMERICUS BANK Will Be Sold at Public Outcry On 16th Inst. Mr. Thornton Wheatley as reciever for the defunct Bank of Americus advertises for sale at public outcry on November 16th certian notes and fifas, the property of said bank; also two hundred acres of land in the Fifteenth district of Sumter county. This will practically wind up the disposition of assets of the old Bank of Americus, which failed in 1892
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Receiver of the Bank of Americus FINEST FISH AND MEATS.
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# LITIGATION OF BANK AMERICUS. Illness of Attorney Prevents Hearing Yesterday, Judge W. B, Butt, of the Chattahoochee circuit, came over from Columbus yesterday for the purpose of presiding in the hearing of some special feature of the old Bank of Americus receivership, Judge Littlejohn being disqualified. A telegram from Macon, however, announced that on account of illness Judge Miller, of counsel in this case, was unable to come to Americus at this time and the hearing was, therefore, continued.
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# JUDGE SEABROOK TO PRESIDE. In Bank Case to Be Heard Here On Monday. The special hearing in the old Bank of Americus case, to distribute certain money in the hands of the receiver of said bank, will take place tomorrow. The hearing was to have taken place on Friday last but was postponed for the time. It is expected that either Judge Seabrook or Judge Spence will preside tomorrow in this case, Judge Littlejohn being disqualified.
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THE AGREEMENT NOT RATIFIED. By Court and Bank Case Was Continued. Judge William H. Felton, of the Macon circuit, presided in Sumter superior court yesterday for Judge Littlejohn in the hearing of the case of the old-Bank of Americus. When the case was called Judge Felton was asked to ratify an agreement between counsel representing banks in Baltimore and New York, and the attorneys representing the local end of this long liti gation, whereby the three northern banks were to be relieved from payir g back into the hands of the receiver, Mr. Thornton Wheatley, the full amount received by them from the assets of the bank and which had been previously ordered returned to the receiver. Local counsel agreed that this might be done by the banks in question paying into the hands of Receiver Wheatley $5.000 and such other sums as may be required to comply with the order of the court, whereupon the sales of property, made by the trustee of the bank, might be confirmed. Judge Felton, howeyer, refused to approve the agreement thus entered into until the sales of realty, etc were first confirmed. To this counsel representing local creditors objected, and the case was continued.
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ASSETS DISTRIBUTED. Old Bank of Americas Case Finally Concluded, Americus, Ga., Nov. 28.-In the Sumter Superior Court to-day, Judge William B. Butt, presiding, the old Bank of Americus receivership case was finally disposed of in the distribution of remaining assets among preferred creditors, principally in New York and the East, though others here shared in the distribution. The Bank of Americus, capitalized at $150,000. failed ten years ago, and its affairs have since been in litigation. The depositors received little or nothing, the available assets going to preferred creditors, as stated. The Bank was to an extent associated with the old Americus Investment Company, which failed for $1,000,000 about the* same time, the collapse being the most gigantic ever known in Southwestern Georgia and sweeping away the property of hundreds of people here and elsewhere throughout the state.
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at that date could thus be held liable for the debts of the defunct bank. It was further held that the judgment obtained heretofore by creditors against the old Bank of Americus was not a good judgment against the stockholders, but that the creditors in this suit must set forth fully their claim just as though it had never been sued. The effect of this is that as the suit against the stockholders was not filed until ten years after the receivership of the old bank nearly all the claims are barred. If this ruling is held good by the supreme court there will be very few debts in date for which any stockholders could be held liable. The case is the most important heard in Sumter county for years, for a large sum, possibly a hundred thousand dollars, was involved. The defendants, stockholders of the past twenty years, are scattered throughout the United States though, principally residents of Georgia.
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TWENTY YEARS AGO TODAY (From the Times-Recorder Oct. 31, 1901.) LD CHARLIE, a horse, owned b the A. C. Bell family for more than a quarter of a century, made his last run yesterday and has gone where all good horses go. For many years Charlie and Bob, Capt. Bell's carriage team, were a familiar pair on the streets of Americus. Old Bob died years ago, and Charlie became the special care of the family. Sumter's fine exhibit for the state fair at Savannah, goes forward this morning and will reach its destination tonight. Manager Montgomery will be on hand to receive it and begin the work of arranging the many articles in the display. Miss Mattie Stanfield will be the guest of friends in Montgomery for a week, leaving Americus yesterday. Americus enjoys an immunity from fires. The department has not made a sure enough run over three months. Mr. Thernton Wheatley as receiver for the defunct Bank of Americus advertises for sale at public outery on November 16 certain notes and fi fas, the property of the bank. A bunch of luscious yellow bananas grown here in Americus, will be seen as part of Sumter's fine fruit exhibit at the state fair in Savannah. The bananas were grown in the yard of Mr. J. W. Harris on Felder street, where a large number of handsome trees are carefull ycultivated by the owner. The cotton outlook is decidedly gloomy jus tat present; January contracts dropping to 7.44 yesterday, the lowest point this season.
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TWENTY YEARS AGO TODAY. (From the Times-Recorder December 1, 1901.) THE special hearing in the old Bank of Americus case, to distribute certain money in the hands of the receiver of the bank, will take place tomorrow. The hearing was to have taken place last Friday, but was postponed, and it is expected that either Judge Seabrook or Judge Spence will preside tomorrow, Judge Littlejohn being disqualified. The greatest oratorical contest ever waged in Americus will take place at the city hall Friday evening, 13, when a half score of bright pupils, representing the public schools of Sumter, Schley, Marion and Macon counties, will meet here and make the rafters ring with their eloquence. After a hearing Miss Ethel Markette, of Sumter, and Frank Timmerman, of Plains, were selected to represent our county in the debate. The Americus chapter, Daughters of the Confederacy, are arranging a very delightful entertainment for Friday next. when the ladies will present at the opera house the beautful comedy, "Who is to Win Him?" Fifteen of Americus' most charming young matrons and fair maidens will take part in the play. The proceeds will go toward the fund being raised by the local chapter. This is the last Sunday before the assembling of the South Georgia conference and the last upon which many ministers will fill their present pulpits. Rev. George W. Mathews, pastor of the First Methodist church, Rev. A. Read, of the Americus district, and Rev. T. I. Nease, of East Americus, will attend the sessions.