, 1859-07-12

notice statement under the caption Of
Circuit Court--Before Judge Nanicrre,'' in
Four doea! column Of this morning issue, which
% il Es}l calculated {whcther Intended or npt} to
~ m se)ustlce, The facts arc the&e< Mr. Nil-s
Fhsoaesnd myself formed i =to.psttsership
epi: ~ 1855, and Granger sq4nattes Aecsmc
k{if&e el'e3Aof the firm tn: :1he=ze44t9enf our
HFofessAnl business Tor H, EENtnf. Nea6e
fdesned e Judgment ia hs9 aFaFSf4 astnss4l 4lAaao
Cook k1ch, costs An6alt; ;:GzaaznfEd Il about
SsExesution w; ;iAsaed: md PIT Ato the;
kaown only to Mr: Cool; -hs III "a to. p4y
the naonsyto the clerk-oF the Cook 0o1asy.
Court OF Common Plens, and the money w94
received by me from said Clerk in the usual and
ordinary performance Of my duty as m a.tor-
ney,. and ! receipted to said Clerk for said
+ money in the firm name. This WA on the 24th
day Of January. 1857, aud there was then due
the hrm from Granger, more Man that sum.
went Immediately to our Office with the mon
| t-AQa then Rpd then and there, upon consult
atlou"1th m5 thcn partner, Mr.. Wilkinson, md
alter mature. deliheration, we came 10 the con
cluslon+ that. there was no earthly probability,
/ -(knoRjng the man, Granger would erer paw Is
l. uoteaa compelled to, We, therefore. concluded
to give him credit for tha %547 ppon our account
against: him. and which w4s 1hen and there
| 'doWn.uponthe firm hooks and Ar. Wilkinson
afterwards 'recelyee~a part OF the money Gran-
ger afterwards called upon us, ,for, the money,
when told him we; lad given him credit for
the same, but nerr P5onited and nerer INTENDED
| 70 repay it to: Granger, and be never could
haze recovered it in court Of law
On the a0th Of: February, 1858. dissolved
copartnerahip with Wilkinson, Of wbicl, fact
Gsangfr had notice, and transferred his business
=, Sometime at1ert this not being able to obtain
settlement ol: tue firm deuand, ! brought suit
] in the napa of the firm against Granger, at the
.ApF4: term, a. Q. 1855, q the: Circuit Court.
Granger asserts in his bill that lie. thefehpon
sfmp!9gfsd Wilkinson aS @ Pa5ty Piaintit othe
know but If he did 50 be must hp1d Wilkinson
.IesPonsible as .an attorney. Granger was de-
faulted for The want Of plea, and tic damages
assessed on the 31st siay Of May, a. .. 1855 In
lhat suit or three suits rather, did not credit
Granger. with the ssh, but, Is he had made
ty TO plead it IS m offset or bring u suit for it
% tie SD day ii .1nly, 1s5s, and after two
several notices from me not to settle with W,l-
| kinson, Granger and Wilkinson did make pre-
| tended settlement Of the firm demand by Gran
-gcr exeesting noles, which with his (GrangeE's)
e Frisbee to pay priIate delft Of ,Wilkiuson's.
On the 9Th day Of July 1865, flour: days
| aiterwards,> ! fled bill in chancesy against
Wilkinson and GraugeE; for the purpose of Re.
|: :corering j .Lalauce of eight hundred and some
uAA Au4lAI3 NuE llE 4EOul 1lW UN Lie COp8FI1Gf-
ship account; and also for the pur.ose OF setting
aside this settlement, SO called, with Granger ~
well Us 10 compel Granger 10 accept the credit
| upon the firm books Of $547, and pay the BAL
ance Of the firms demand to a receiver for the
.uss Of myself FL; .; :. -
ployed Wilkinsoa,to to defend him.. .Ilet tLis case
was entitled to, q default, and then after notice
to Nilkiason at Ieast dozen times to file his
answers for himself and Granger, i took q de-
fuult. The Court referred tue bill to the Mister
in Chaucery. TO take M accnnnt- then notified
\ wilkinson, in person; snd :as the attorney Of
,gatons inmy bin, (which was not compelled
10 do): mud ~ ilkinson appeared and cross-ex-
I aniaed ny Witness, and introduced witnesses
for the defence; mud Award IL Granger, a son
lot the then defendant Granger WIS one Of these
witqessea.1 Wilkinson argued tue matters fully
! before the Master, and afterwards before the
Court, upon exceptions to the Masters rerart
.Finulty;;-in april; T. D. 1859, obtained a
decree, aid have since Issued execution against
Granger for the balance die tic tr1d us decided
By the Superior Court, Of $6s7 md costs of suit,
Granger. now brings suit in Chancery as
sum Of fe97, alleging that he has paid it by this
settlement, which has been set aside by the Su.
perinr Court is fraudulent, and also seeks to at-
| tack tue validity Of the judi gments ut law. Tie
| foregoing: tacts appear by the records to which
bare referred; aud wera it not for tha fact
that from tAe meagre apl an ex.parte statement
II your article Referred to, am charged with
fraud in The Premises. u should hare let the
other errors pass unnotiecd.- have practised
| INV in this city between six and saven years,
and this is TIE FIRST time that my conduct, either
professionally, or otherwise, Inns been called in
question, and deem it not onl5, my right, but a
duty which owe to myself and friends, to cor
rect tue statement referred to- -,
49,: ; -, - J. J. McG1LvRA.
=; Ghiedgo, July II, 1859.