The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-04
THE kETcHuM FRAUDS.
Motion to Vacato tho First Attachment.
SUPREME cOURT-CHAMBERs. :
Refora lust Inc ham

Motion to Vacato the First Attachment.
SUPREME coURT-cHAMBERs.
Before Justice Ingraham.
0cr SIN the Aaxer Of Norris Ketcham, Thomas Bel
KNAPP, Franklin Ketchum, Landon Kechum and Lyndon
A. S,can u. Ed,card B. Kechum; Samuel Lham and G.
H. Ishdm %. the Same; VIM. b. Isham and Others vs.
the Sdme-Ths extraordinary case or series of cases.
came up in this branch Of the Supreme Court this after
noon in the form Of motion to the first attach
men granted against Ketchum son. by Justice Suther-
land brief recapitulaon o the antecedent facts will
help our readers to understand the present proceeding
Immediately after the disappearance of E. B. Ketchum,
in August last the plaintiffs Morris Ketchum and Others
bis copartners, procured attachment to be issued
against him for 100000 Upon his young Ketch
um authorized Mr. F. n. Bangs to appear for
him In the suit, and upon referees report and
sworn evidence judgment was rendered against
him for the benefit OF the assgnecs OF the firm for the
sum Of S434, 900. Between this attachment and the
entry or the judgment the two firms Of Isham sham
and lsham Gallup claiming be creditors OF the part
nershp, obtained an attachment against F. B Kechum,
the DEFENDANT while he still remained secreted and they
now move TO set aside the first attachment to let
them into preference 80 far b. Kechum's property
Is concerned The ground on which they moved was
that there law authorizing the issuing of the first
attachment that the suit in which IL was issued was
simply Chancery suit to dissolve the partnership anu
for an account and that as between the partners debt
could DO predcaed OF the ovcrdrawng Of his account and
the action In no respect could be deemed claim for
money. In opposition, it was shown by affidavit of
CuWdiu D. hetcuuIn That immediately upon MS arrest
he authorized Mr. Bangs, partner OF Mr. Buckham the
attorney in the suit between the partners appear for
MIN In all civil suits and proceedings, and that for the
benefit of creditors OF the rm he waved ali objections
to the proceedings of his copartners.
In the papers presented to the Court by the applicants
Tor r, ,,,.cn is affidavit OF Mr.. Thomas Nelson
which forth that the attorney Norris KelchuW
and the others interested in the first attachment Ia
partner Of the attorney for the defendant, and that the
judgment thus obtained by the cooperation Of to
respective parties.
The affidavit contains also the following
And the deponcnt believes that the attorney for Ed
ward H. Kechum, in action No 1, Is partner for the
plaintiffs and defendants that the claims Of the plain
tits in action No founded upon the frauds of the
defendants therein and the abstraction OF the funds OF
Ketchum, Son Co. by the defendant for his use;
and deponent charges that said claim OF plaintiffs Is not
money demand upon against said defendant,
bat for fraud Of said defendant.
Mr. William Tracy argued the case in favor Of fhc mo-
ton, and Mr.. +. ". Bangs opposed IL.
The principal points advanced by Mr.. Bangs were:-
First-Any question as TO the proprety OF issuing the
dictIon Secondary errors defects want Of
jurisdiction be taken advantage of only by some
person injured by the process sought TO be aside In
this II does appear that the property is nsuf
attachments issued, nor does 1t appear that the
moving parties in any way injured by the process
which tboy seek TO set aside Thrd-An attaching
creditor has such standing relation to the property
attached as to entte him to question apparent prior
lens
The Judge took the papers and reserved his decision,
which will doubtless be rendered in the course of few
days. The argument excited considerable interest
Brooklyn City News.
FATAL ACCIDENT on THE LONG ISLAND RArRoAD.-A
switch tender on the Long Island Railroad, named
the Hunters Point depot yesterday morning. and almost
instantly killed