To Set Aside a Receiver, move to set aside order appointing Brookfield Receiver

TO SET ASIDE A RECEIVER.

Bankers Interested in the Bushwick Chemical Works Bring Suit.

Counselor C. Bainbridge Smith appeared before Justice Pratt in the Supreme Court yesterday for the purpose of moving to set aside the order appointing William Brookfield receiver of the Bushwick chemical works, on the ground the order was made by fraud and collusion and without proper jurisdiction.

The case is one of long standing, and the motion was brought on behalf of three banks; the Merchants' of Burlington, the Second National Mauch Chuck, and the First National, of Ellenville, on a judgment against the Bushwick chemical works. The plaintiffs claim that by the appointment of the receiver the creditors have been deprived of the property of the Bushwick chemical works, and that for more than $100,000 worth of the property the said receiver can give no accounting. They claim further that the appointing of Brookfield as receiver was made upon his own petition on the ground that he was the receiver and owned all the stock of the works, which was the most important asset of Martin Kalbfleisch's Sons, of which he was also a receiver. This same stock, which was alleged to be so valuable, the plaintiffs claim, was sold for $25.

Where some of this money went with which Brookfield was entrusted as receiver, is shown in the papers as follows: To Alexander & Green, attorneys, $3,000; to Bergen & Dykman, $2,000; to Dilloway, Davenport & Leeds, $2,000; to Charles F. McLean, $5,079.52, The same counsel also received from Brookfield, as receiver of Martin Kalbfleisch, some $5,000; Bergen & Dykman, $2,000; Dilloway, Davenport & Leeds, $2,500. The receiver's fees amount to over $17,000. All of this was expected in about a year and a half receivership.

The case was adjourned to Tuesday next for further hearing.