The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-16

this defendant knew or was informed Of any in
tenticn on the pan Of said Thomas Warner to abb
scond from or quit this State PeImsnenuy-I NAT
Slate. inform this defendant Of his intention so to
do-Thst he informed this defendant OF such in
tention before the day on which said money was
advanced, having, as he Informed this defendant,
contemplated 80 doing for some time previous to
giving the information; but he did not state to this
defendant, nor give this defendant TO understand,
State, or the United Siates-Thst when he first in
formed defendant of such intention, which was at
different times during the past year, and before
srch advance of money, be stated to this defend
ant that his object in going TO Europe was TO at
tend to some business there which required his
presence, and this defendant fully and implicitly
believed such statement-That shortly before he
actually left, he Informed this defendant OF the
great Injury to his business, which is in this an-
swer above ment oned, attrbuting il TO the causes
hereinbefore detailed, and stated TO this defendant
that 10 prevent losing what means he already pos
sessed and being reduced to poverty, he felt him
self compelled to visit EuDpe on professional busi-
ness 10 be transacted there; which, in his opinion,
offered him the chasce OF retrieving his fortunes
and enlarging his pecuniary means; but he did not
then, or at any other time, etae to this defendant
or give him to understand that it was his (said
Thomas Warner's) intention to remain in Europe
or out of the United States permanently; and this
defendant says that being 80 informed OF said War
ners intention TO leave the country, To be absent
for time, this defendant paid said Warner, at
his request, what this defendant owed him for pro-
fesslonal services and moneys expended for this
defendant; and said Warner having requested this
defendant to advance him the aforesaid sum OF
eight thousand six hundred dollars, this defendant
agreed TO do SO on being properly secured, this
defendant being induced to befriend said
Warner in this respect because said Warner
in all his business relations towards this defendant
had always, 30 far as this defendant has any know
ledge, information, or belief conducted himself
with the utmost fidelity and integrity. and exhi-
bed great skill, perseverance,, and industry in the
honest devotion TO this defendants business and
interests. And this defendant, in view Of said
Warmers leaving the country, arranged 10 have
this deiandants suits and matters OF business, re-
quiring the atteaton OF a lawyer, transferred to
another attorney, in such manner as to have the
same subject to the management Of James I. Bra
dy, whom this defendant has, for about four years,
employed as his counsel to aid said Warner in.such
business and suits as the latter had under his
charge, and such transfer was accordingly made.
Fitteenth-That 1t is utterly untrue, as stated in
said complaint, that the amount of eight thousand
SIX hundred dollars was not loaned and paid, or
loaned or paid, by this defendant to sail Warner;
and il Is also utterly untrue that the judgment
aforesaid was confessed by said Warner, or en-
tered up by this tendan for the purpose of Great
ing charge on the lands, goods, or things, in ac-
ton of the said Warner, upon the rents, issues
or profits thereof, with tbs intent 10 hinder, delay
defraud the plaintiff in her law ful action alurc-
said, or TO prevent her from obtaining security Tor
the alimoDy TO be awarded her in her said action
against the said Thomas Warner, or TO hinder,
delay, or dcraud her IN her lawful demand for the
same, or that the said judgment is fraudulent or
void and this defendant made the advance afore-
said as an aci Of friendship towards said Thomas
Warner, but in strictly business manner, accom-
modatiDR him no farther than merely in the adj
vance, and taking every precaution abundantly to
secure himsrif the reimbursement of such advance
and this defendant saith that, so far as he has
knowledge, information, or belief, the said War
ner, before leaving, provided for the payment of
such debts al he owed. And this defendant says
that il is utterly untrue that the money aforesaid
passed from this defendant TO said Warner as
mere fraudulent cover for any illegal unjust ia
tent or purpose towards the plaintiff, upon any
secret trust or understanding between said Warner
and this defen dant.
Sixteenth-And this defendant says that il il true
thar, Immediately after the entry OF said judgment,
he issued an execution thereon 10 the Sheriff Of
the city and county OF New York, and had the
same delivered 10 said Sheriff., who, through one
of his deputies, levied on the library and furniture
Of said Thomas Warner, al number eighteen City
Hall Place aforesaid, and, by direction of this de-
PENDANT, advertised the same for sale the TWEEN
ty.third day Of September, A. ID. 1861 and this
defendant admits that he int nded to have had
said proptrty sold on that day, and would have
done but for the injunction issued in this suit
and this defendant intended TO do so, and still in
tends TO do SO, when permitted, TO reimburs. his
advance so made IA aforesaid and in the event o.
this defendant not realizing the whole Of such ad-
yances, he will hold said Warner liable for the
balance, seeking the payment out of certain as
| signed rights in action, which said Warner as
signed 10 this defendant, in trust, partly for that
purpose, end partly TO provide for other creditors
and il said real and personal estate should yield
| more than enough to pay this defendants said
| judgment and the expenses, then this defendant
int nds TO hold the balance part OF the assigned
fund, unGer, and for the purposes of the trust con
tanned in said assignment; and tns defendant
says that copy Of said assignments hereunto an
nexed as q part of this answer, and marked " A"
And this defendant says that, TO the best Of his
| knowledge, information, and belief the said real
ard personal estate, and the rights in action OF the
| SAID Thomas Warner are not in value more than
sl fficient TO reimburse 10 this defendant the adj
vance aforesaid, and ray and satisfy the debts due
from said Warner And this defendant denies
each and every Of the allegations of fraud, fraudu
lent intent, or fraudulent collision, made in said
\ complaint against this defendant, either alone or
| ia conjunction with the said Thomas Warner, al
| lesDg that the aforesaid advance was made, iuds
Htnt confessed, and execution issued and levied
under the circumstances and for the purposes here
inbefore stated, and for no fraudulent purpose what
ever And this defendant saith that, throughout
all the proceedings mentioned In this answer, this
defendant acted honestly and IN good faith.
Seyenteenib--ADd this defendant Gays th A there
! is now isfIy due and owing to him, from the said
Thomas Warner, the cum OF eight thousand SIX
hundred dollars with the interest thereoo and the
! costs of the Judgment aforesaid, which sums are
| entirely due and above all payments, and that
there is no set of against the same OF any nature
or De description, and the same are so due, in good
NTH, for money actually advanced by this defen-
| dsnt 10 ssid Warner, aa a business uansa elton
and that the judgment aforesaid was confessed and
dockeited, aud this defendant intends to have the
came executed for the purpose Of realizing the
amounts so actually due to him ,, a. above stated
JNo. r. Brady, Attor ney for VIM h Moffat.
City and County Of New York William II.
Mohst, Of said city, one Of the defendants herein,
| being duly sworn, saith that the foregoing answer
Is true Of his own knowledge, except TO the mat
ters which therein stated 10 be on his informa-
ton OF belief, and as TO those matters he believes
/ il to be true VIM. u. MoFPAr.
sworn to before me this iih day Of October, 1850.
WILLIAM BAKBFR, Com. Of Deeds.
This indenture, made and executed this tenth
| day Of September, A. D., 1850, between Thomas
| Warner, Of the city of New York, councillor at
of rsid city, ply scisn, the second part, witness
setb; that whereas there is now due TO the said
party OF the first part the various sums Of money, or
| about those amounts Of money, be the came more
\ or less, which are seversny mentioned in the sche-
dule hereunto annexed, and marked A, (Which
scbednle Is to be and form Part ofthis assienmentO