Butte record., 1855-09-08

A CARD TO THE PUBLIC

a CARD TO THE PUBLIC
Recent events have occurred IN connection
with the affairs Of Adams 4 Co. in this city
(which. unexplained. may have the effect to
prejudice Messrs N Brumagim & Co, in the
eyes Of the community The attorneys repre-
senting the attaching creditors Of Adams *
10, in this comfy, in justice to Messrs Brum-
agim Co, make the following statement
II is generally known that on the morning
Of the failure Of -fdamS < Co in this city,
: 900 in dnst AMI coin belonging that house
were deposited in the banking house Of VI
Brumagiin & Co. Certificates OF deposite for
said amount were issued in the name OF Il. Il.
Cohen, Receiver. Immediately Brumaeim *
Co. were earni~heeI for the full amount by
depostors OF ADAMS & Co, wao commence /
suits in the District Court Of this county. Sub
sequently, T. 4. Cohen, in whose name tie
certificates Of deposite were issued, K+s gar
nisheed by certain San Francisco creditors Of
-idams < Co Upon the appointment Of A 4.
Cohen, Jones & Roman, as ssnees Of adams
( Co., under an order Of the Fourth judicial
District Court Of San Francisco, the said Ger
tihcaies oc deposiie were turned over into
their hands is assets belonging to the bank
xHpt house.
The Supreme Court, at the July term, de
'cided that all the proceedings in assignment
taken in Judge Lakes Court, were void. The
o. z.
dad carnisheed Brumagim K Co. rs above sta
aod, having recovered Judgment in their sever
al suits, applied soiue ten days ago tu Judge
Barbour, our District Judge, for an order On
Brumagim < Co, TO pay over to the Sheriff Of
uba county, 10 be applied to the payment ut
sail judgments, all uuneys in their IA nds be
longing 10 Adams * Co. and all debts due hy
them TO Adams & Co. ar 50 much thereof a.
would satisfy their said judgments
Mark Brumagiu * John 4 Paxten. who
compose the firm OF VI Brumagim * To. ap-
pearei before the Judge, and through their
counsel, Messrs. Field x Sweczy, resisted the
order to pay over, upon the ground that their
certificates of deposiie were outstanding. and
for the further reason that, previous to the
service Of said order spon them they had been
sued for the 5000 by certain attaching
creditors of San Francisco, who claimed that
they had garnsheed Cohen. and that at the
suit Of the said creditors an Injunction had
been served upon them. restraining them frosa
paying the money over until the ttor could
-be adjudicated and settled
Upon hearing the argume;s Of counsel, j Judge
Barbour proposed to Iaake an order on Brum-
agm & Co. TO pay the money over into the
hands of John 4 Paxton. as Receiver, by his
giving sufficient bond Mr.. Paxton refusing
10 receive The money, the Judge made an or
der requiring Mcssrs. Brumagim & Co. to pay
abe money over TO satisfy the judgments Oh
tanned In this Court This order they refused
90 obey, and they were summoned TO answer
1or contempt and were committed TO custody
4 writ Of error was obtained from the Su-
rrea.e Court. and upon giving bond in the sum
81 three hundred Thousand doilars, the parties
were discharged Thus the matter stands
In justice To lieSsrs u. Brumagim Co
Se eheerfally say this much
l. That in refusing TO pay The money over
upon the order Of the Court. they acted under
The advice Of counsel
That We believe Nessrs Brumacim & Co
have all the time endeavored to protect the
creditors here. and that they are now aud al
ways have been able and ready TO pay the
money over when their counsel advise them
th'si they 20 safely
. That We believe that they will nav IL
over without hesitation % soon as tie con-
nioehs claims to it arc settled: or as soon as
4htiF counsel advise them that they can DO so
without risk to themselves
That Aessrs. BTumayfm < Co. have now
counsel VINO are pursuing the matter to a
speedy determluati on--aud tlg.f thcir counsel.
BY their request, are Gu Operating with n, fir
che attaching creditors here
D. That MessrS. BrnmaEim < Co baxa nm.
limited credit here, a. solvent and reliable
business men
LrNLrf x HsTcH L : BFlcurR.
L. AUn. JNo. T Mct ARrx.
"'oDwIN * NHErLrR, VI Y B DAunY.
HlNRs I. HAuN
N4ry sEIlig, Aug - $50