The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-22
Supreme COurt-Special Term.
Before Hon. Judge Mitchell.
AIIIGEn MERc A SrII Il I'm AIn


APRu 20-Moncrt.T d Mucheu u.s. Moves Bayman al
was a motion to appoint a receiver The defendant,
extensive dry goods merchant had been arrested so
few days since, and held bail in the sum of S. ooo
charge OF having obtained goods credit the amo
OF $40 900, and then preparing to fail with the intent,
Of avoiding the liability. The complaint says
That on OF about the 2cth Of January, 1857 defend
applied TO and purchased from said plaintiffs goods
merchandise 10 the amount and of the value of 49,
o. on credit u eight months from February IL, 1851,
which said plaintiffs received the pronssory note Of ~
defendant, dated February u, 1851, payable in eie
be delivered up the Court may direct; that the sale
delivery Of said goods by Plaintiffs was made under
Retiman, defendant, bought the same in good faith
with the honest intention of paying for the
and that he was solvent and would be able
Jay for the same at the maturity of said cred
and that said Betman did not at the time OF
purchase disclose any thing to plaintiffs either OF the
To induce them to suspect any thing To the contrary
plaintiffs, relying solely upon such belirf and upon
general good credit of sad Bctman In this market,
the said sale and delivery And plaintiffs further show
the court upon information and belief that said defend
was guilty Of fraud in contracting such debt on the
chase Of said goods and that he purchased them
out any intention OF paying for the same that he had al
time Of such purchase, fully conceded and maured in
own mind plan by which ne intended TO defraud
plaintiffs out OF said goods. And plaintiffs further show
the court, upon information and belief, thai the said
PENDANT has removed and disposed of large portions Of
property and threatens and Is about 10 dispose OF other
large Portions Of his property with the intent 10 dcfraudi
said defendant in furhcrance of his original design
fraud his creditors including plaintiffs, consigned lar
amount of linens and Grape shaws to the '
ue Of upward OF ~ 900, and which were
among the recent purchases Of said Bettman,
had. in part, never been unpacked from their orr
nal packages in which he purchased them, TO
firm of Myers, Claghorn X Co.. Of PHILADELPHIA auctt
GERS for "a e at auction that said goods according
sold nj great sacrifices and the proceeds paid 70
defendant: that said goods were sent cLandesney,
in the of Mas; and further, plaintiffs state up
Information and belief that said defendant in furhera1
and pursuant To said original fraudulent design, did al
making such purchase, and other large and unusual ~
chases from various merchants In this city like cres
Of about eight months, sell large quantities q the goods
purchased TO various firms individuals long cred
OF from nine to sixteen months and for the same prices
which he had ~ purchased said goods; and further,
pursuance and furtherancc Of said fraudulent design
said defendant has about the - day OF -, 1851,
ccalcd large PORTION Of goods belonging 70 the stock
defendant, including part of said goods so purchased,
amounting o about 81 900, with the intention 81 approp
ing the same 10 his use, In fraud OF the rights az
creditors and further. plaintiffs show upon Information
belief that said defendant has stated and threatened that
would hot, and had not intended to appropriate AL OF
property 10 the of his debit, and that hs cret
ors would not accept the compromise he offered them
fifty cents the dollar or II any Of them should pro
cute action against him he would place his prope'
beyond the reach OF his creditors, and wovh not pays
cent TO any one who should 20 prosecute him, and
would only pay any portion to those whom he could
afterwards To 70 In business: and plaintiffs furth
how upon information aud belief, that the said dcfcn
in fact insovent and unable 70 pay his debts In full
that the whole amount Of his Indebtedness Is
s14O0OO, about 100000 VI which was created by sucl
chases made within the Tast three months, and tina
ano, nj Of the stock of goods which said defendant
has op hand Is about the Of stO,0oo, ana thM t
mandcr of said defendants assets consist Oh b'lis
icbts payable, and accounts and books aee9uhapc
unless laid defendant Is restrained py an ORDER from
court the whole said property and assets WI he n
lcntly converted and dioscd OF 20 as 70 pe ryond
recess which plaintiffs claim TO be cnttlcd to
art of the Judgment in this acuon ana so ~ - rcnd
he Judgment asked for herein Intellectual whcrcfor
hin,ias uroy that by Judgment Of this eos
ali Attendant, may be adiudgcd aud declared 10 be-
dcl,cd 40 nlantins, and he required 10 pay Ia them
vn, ~ sb 100 with interest thereon, from February l@
all ,,,o, defendant may be restrained by order of
aor,, from selling, assigning, TRANSFERRING collecting
receiving and part Of said goods or assets, dehts eon
h,ls a account, from any interference herewith d,
inc the tendency q this action, until the urbc- RI,
of this court, justice thereof; and that receiver
sucb goods, debts, accounts books OF account a.
may be appointed, with the usual powers and autbori,
receiver In like cases, and said defendant be require
render under cath account Of the said property ami
sets and transfer the o such receiver and the
u the proceeds Of said property aud effects the MA
may be paid the amount Of their said claim AMI .nfo
and costs ard that the remainder OF such proceeds
be distributed among the remaining creditors of sail
PENDANT according 10 law; and that the plaintiffs may
such other relief and judgment against said dcfepdar
shall seem just and proper.
Argument on motion Sr receiver stands adjoure
Tuesday, th5 day.