New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-27


CT, a-I Cossty Of Ncr. Yo,k. sS.-Cbsries A.
Holoetip, cue OF tie sbpve-nsneo piafnaffs, eens
duly sworn sass that the sad ps.ntbs are partners
+, business uadcr the fircl Sc rame OF "Hoidship q
Company" and Tia: the defendant Is bsHker Or
brk.r doing business 10 The city Aforesaid
Tha. Ell divers times prior to the 26th do! OF August
1867 the said defendant as the banker snd conhdeo,
tis money sseu. Of the plaintiffs receiTed al the sa
City Of NewIoik, for tie p,sin,f-, divers sums o,
inopey, amounting IN TIRE aggregate 70 tue eu'n VI
e COO or thsrsabcuts-
Ths; said SUMS a money were the properly ot tns
pa;ptifs and were received for them by the said a.
f-ndant in fducary capacity and upon toe implied
q, eyp-ess terms that he the ssc Defendant, a. the
set 81 and banker Of the plaintiffs would pay the sse
10 them or 10 their order whenever required t. do
That having obtained the sad gums Of money as
such banker and in the fduca-y capacity Aforesaid,
the said defendant wholly refuses 10 pay or deliver ths
ssm. 10 these plaintiffs to their order though re-
qursted go 10 do; but. on tae con'rury thereof nas
the same 10 bis use and Refuses 10 pay
the same or any par. thereof except that be has PAID
one check dra.; of he plaintiffs 10 the anouat OF
80 90.
Vh. deponent further says that the said defendant
il ince btea to tie said plaintiffs 10 the SUN Of 900
or bereabcu,s as aforesaid and that the saG deieoo
has claim or demand against the plainth whsf,
his knowledge but holds and retains toe sald
ssveral sums at money the property OF the plaintiffs,
received as their confidential busincss aud banking
agent ss aforesaid without claim of right
sxo. ,.,,,. CHA, GaAs' "A, a HoLDSH'f'
W. II DcsEssusY Commissions Of DeceA
THE ORDER TO SHOW CAUSE.
.orsey Psntia he?cn lie, the nj.
III. sen hcIdni the said defsnaan, to bal in the sum Of
$1,000 before one Of the JuS.., this Court q; ,s,, Chan
s.pt prox at 10 o'clock a. M L. A. PEABODY.
THE OHIO LIFE AND TRUST COMPANY.
This morning Judge Peabody granted another At
tachrert sgains. the Ohio Life and Trust Company
On the application of the Norwalk Bank, branch of
the S'ate Bank of Ohio-the alleged indebtedness be-
ing $4,000
Charlotte Bspp sgt. Matthew Bspp Divorce
THE ALLEGED RMBEZzLEMEST Al THE ST. NICHOLAS.
John p Trcadweil ct a. sst. John NJ. Lswler
A civil suit was commenced this morning BY the
propreors of the 81. Nicholas Hotel against their late
book keeper. An attachment was granted against Mr..
LAWYERS property and order of arrest against his
person. holGing hun to bail in the sum Of 1000. The
follow'ngis
MR.. TRrADwELLs AFFIDAVIT.
City and Comfy Of Ner, York, JOHN P Treadwe Of
ss | Sy sna d 1SSS y W"%b and Chsp %S
suG since tee ith day OF March IN the year 1891 nave
ola. IIor in the City and County York under ths
style end firm Of TT-adwel Whtc2mb Coz that as
. aIs & as a' or sA So Seepe e aSsv
dcdap John NJ Lsser the, said defendant during
scent or book keeper; that durs the time sat defend
John NJ LAWYER, has been 50 acting as sucn
rnbczsled from these pictas money to the amount OF
S. upward; that the sdi lAx!er in eonye aiion
this Gepoucut the evening" Of tho 2st DAY OF August
inst. tie seid defendant John Lawer admitted - th lie
poncpt that he tsd during The tUe Of said copsT'ner,hp
l.eb secete spd enb zzd large amount OF nOn-y from
tLs ard the said cNpaners and offered - conway
place the OF this Opponent and AS said coPHt
n.r. property both zeal estate aud p~r,ne property 70 an
arnunt vsue, he then said Of 5l iudom
y this plaintiff and his copartn-rs that at Inc time OF snd
depoS.nt lid then ard there inform .ad Lawe' thar pc
h-d. the belief of tins depon.rt, taken and stolen
lvOts Sich said Last named declaration OF this
d-bnen, said Lsve- made reply except that he DID then
there rpy thst o oil he had stolen sGd enbezE no
would Their this teponrrt IN tee property Aforesaid
that then remained and that the remainder Of Whist no had
tsken be had spent such hs could not collect or
said Laer did then and there state To this de-
that he had the hands his mother in tLo City OF Al
be the awaits OF said embS lzed note OF
30c due bill il the Of 800 10 the amount OF StO
another due bill in thu OF 800 and cash upon his per
500 this Opponent further that on tbs evening u
the lst day of August inst following the evening before stated
in another which this drppncnt had with the said
John NJ Lsw thu said Lasr informed this do, onent that
depcr.n. his mothers house the said ~ ro hsd
been rpo.i. Savings Bank in the City VI Albany N the
oi little sister Of said Ln~rr then u or -
said Lswl- tbeu stated To tins drpon-nt us the oet
which h. bad in thus placing said fn"ney III ms no.het
hands prevent the being around te prson OF 10,
exciting sr-pc'n
bin tho being from i'm aud 70
conceal tho This Opponent further that at the time
both sd of this dsDOneD vita e.d Lswie
informed this cerorent that the ssd note of $50
money he hal Gent 20 his mother whch he bad 50
teken this deponcnt and h laid copir.ners, and h
his ad Lawer) and had taken the said note IN secutity
therefor the Of conceani the same as Aforesaid
hands in order 70 prevent tho from b-ns obtained 0 hs
deponopt and his ssd copsrtner. JOHN T. TREAOWELL
Sworn before this 2jth day of August 1857.
Wsi. LEE, Gonuiss!obar Of Deeds