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Show ALVeSJI CASE HAS MANY ANGLES Abe Rose has commented suit against Mrs L. E Alvord ami Hugh Mcl-an, sureties, to tetover the valuation valu-ation of certain cattle purchased by one J L. Alvord who went into voluntary volun-tary bankruptcy. The claim of the plaintiff is lor 5.02:.. r,o alleged to be due him personally; I.M4S alleged to be due the plaintiff under an .iKsin-ment .iKsin-ment from Sparks Brothers and $127.-T.O $127.-T.O alleged to lie due under an assignment assign-ment by J J. Larkin. It is declared in the complaint that J. L. Alvord purchased of Abe Rne, J J. Laikln and the Sparks Brothers, under three different transactions, cattle worth ?0.Simi, making part pay-ment pay-ment for the same with checks on the Commercial National bank of this city, representing at the time that he-had he-had arrangeJ with the bank to honor the checks. The cattle were sLi;p d lo Ovden and were about to be shipped to the eastern cattle market when the parties from whom the slock had been purchased, learned that the checks issued In pait payment for the entUo would not be honored by the Ocdou bank Suit was then commenced vord aud Mr. McLean, applied to the debt owed by the bankrupt, prior to his bankruptcy, to Mr. Rose and others. oth-ers. Mr. Ryan will contend that the estate of the bankrupt has not yet yet )ecn closed and that he still lias the right to make a rtttlement with creditors cred-itors out of funds found to have been misdirected before the proceedings in bankruptcy were begun. against. Mr. Alvord to recover the valuation val-uation of the cattle and an attach ment was placed upon the stoek as security for the Judgment, should one be given. Mrs. L. E. Alvord. mother of Mr. Alvord. Al-vord. and Hugh McLean then signed a bond for doable the aaiount of the money sued for In the complaint, to secure the plaintiffs Rose, Larkin and Sparks Brothers, lo have the attachment attach-ment raised an 1 permit the detendnnt. Alvord, to dl?po3o cf the cattle, it helm; he-lm; suppoped Ihut the proceeds of the salo would be appl td to the settlement settle-ment of the ekilm a.-alast him. Alvord Al-vord disposed of a port of the cattle and turned the money ever to his sureties sure-ties In the attachment proceedings, and, in the mean time, applied to the federal court Tor a bankruptcy order. The referee in bankruptcy heurd the. matter, and, finally closed the estate and declared Alvord a bankrupt, the threo cattlemen, prescutiuij their claims as creditors, the sureties of Alvord in the attachment proceedings not being called to account for moneys that had been turned over to them, prior to the bankruptcy proceedings. The case was finally settled by the referee ln bankruptcy and Mr. Alvord was discharged. The cattlemeu then pressed their suit against the bankrupt, but the court held that the dlschar.ee in bank- ruptcy was a release of tho defendant defend-ant from all claims of indebtednesa and that tho plaintiffs could not recover. re-cover. The cattle dealers now have commenced suit as a Inst the sureties In h'ipe of recovering the ?G,S00 and costs, due on the original sale. The case is further complicated by the fact that T. D. Ryan, trustee In bankruptcy, will Institute proceedings in the federal court In bankruptcy seeking to have the money u-celved on the sale of the cattle, which was turned over to the eurctloe, Mrs, Al- J |