Butte record., 1855-09-01
A CARD TO TIE pus1,c

Recent events have occurred IN connection
with the affairs Of Adams & Co. in this city,
which, unexplained, may have the effect to
prejudice Messrs. NJ Brnmagim & Co, in the
eyes of the community. The attorneys repre-
senting the attaching creditors Of Adams &
Co, in this comfy. in justice to Messrs Brum-
agim & Co, make the following statement:
1t IS generally known that on the moruin =
Ct the failure of adams & Co in this city
SO 900 in dust and coin belonging that house
were deposited in the banking house Of VI
Brumagim Co. Certificates of deposite for
said amount were issued in the name of H. H.
Cohen, Receiver. Immediately Brumagim &
Co. were garnisheed for the full amount BIZ
depositors Of adams & Co, who commenced
snits in the District Court Of this county. Sub
sequently, Il. A. Cohen, in whose name the
certificates of deposte were issued was gar
nisheed by certain San Francisco creditors of
.Idams 4 Co. Upon the appointment Of A 4.
Cohen, Jones x Roman, rs ass gnees Of adams
K Co. under an order Of the Fourth Judicial
District Court of San Francisco, the said Ger
tihcates o. deposite turned over into
their hands as assets belonging to the bank
rupt house.
The Supreme Court at the July term, de-
.clded that all the proceedings in assignment
taken in Jul ige Lakes Court, were void. The
attaching creditors of adams * Co. here, VINO
had garnisheed B.umagim & Co, as above sta
ted, having recovered Judgment in their sever
al suits, applied some ten days ago to Juige
Barbour. our District Judge. for au order n
Bramagim & Co. to pay over to the Sheriff Of
Yuba county, 10 be applied to tie payment of
sud judgments, all moneys in their hands te-
longing to Adams & Co., and all debts due by
them to Adams & Co. SO much thereof as
would satisfy their snid judgments.
Mark Brumagim & John A Paxton, who
compose the firm Of VI Brumagim x CO., ap-
pearei before the Judge, and through their
counsel, Messrs. Field & Sweezy, resisted the
order to pay over, upon the ground that their
certificates Of deposite were outstanding, and
for the further reascn that, previous to the
service Of said order Hpon them, they had been
sued for the $4,000 by certain attaching
creditors Of S.n Francisco, who claimed that
they had garnisheed Cohen. and that at the
suit of the said creditors an injunction had
been served upon them, restraining them from
paying the money over until the mattor could
be adjulicated and settled
Upon hearing the argumet Of counsel. .Judge
Barbour proposed to make an order on Brum-
agim 4 Co. 10 pay the money over into tie
hands OF John 4 Paxton, as Receive by his
giving sufficient bond Mr. Paxton refusing
to receive the money the Judge made an or
der requiring Messrs Brumagim & Co. to pay
'ihe HFiutN hNtI 10 Sll'NlF tue judgments OBJ
tained in this Court. This order they refused
10 obey. and they were summoned to answer
for contempt and were committed to custody
writ Of error was obtained from the Su.
preme Court and upon giving bond in the sun
OF three hundred thousand dollars. the partie,
were discharged. Thus the matter stands
In justice to Messrs VI Brumaeim * Co
cheerfully say this much
L That in refusing to pay he money over
upon the order of the Court, they acted under
the advice of counsel
That we believe Ncssrs Brumacim & Co
have all the time endeAvore1 to protect th,
creditors here, and that they are now anil al
ways have been able and ready to pay the
money over when their counsel advise them
that they can 20 safely.
). That We believe that they will pay il
over without hesitation, so soon rs the con
hicting claims to it are settled; or as soon as
their counsel advise them that they can do SC
without risk to themselves
4 That Messrs. Brumagim < Co have now
counsel who are pursuing the matter to a
speedy determination--and that their counsel,
by their request, arc co operating with US for
the attaching creditors here
5. That Messrs Brumagim & Co have un-
limited credit here, as solvent and reliable
business men
LrNLEY & HATCH Is. BEIcHER.
F. l.. AUD, JNo. T McCARTx.
GOODWIN WHEELER, NJ. V B DAUBY,
IIsNRY p. HAUN
Marvc,-,lia An,