The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-25
SUPERIOR cOuRT-SptCAL TERN.
The Binninger Case Again-The Contempt
Proceedinss-Judge McCunn's Opinion OF
Judge Blxtchford's Law.

The Binninger Case Again-The Contempt
Pr0ceedin.s-Judge McCunn's Opinion OF
Judge Blatchford,s Law.
Before Judge McCunn.
Clarke Us. bHa,tgeT.--The motion to punish the
defendant for contempt winch stood adjourned
from previous day, again came before the Court
yesterday. The motion was TO PUNISH Abraham
Binninger, William Il. OXFORD and Philo Osborne
ami tine Ofncers OF the Bank OF America for volat-
ing the injunction OF this court and unduly Inter
fefng with the receis appointed by II.
ar. Compton with whom was Mr.. J. +. Morganl
sail ne mad consented 10 APPOINTMENTS heretofore
ia the nope that the parties would evlLce DISPOSE
u0n 10 ooey tne Injunction Of The court but not
VI lhen hao done so except the 0lcers OF the Bank
motion.
Counsel then read papers disclosing the fact that
Mr. Bangs counsel Tor the assignee in OanKrnptcy
and the oficers OF the United states Marshal mai
also violated The injunction and Interiered with inc
receiver In the possession OF the property
Judge McUnnn-Haye these parties been notified
Of the motonf
M. compton uor motonI replied that they had
not.
Judge McCunn said II that were the case he
deemed II advisable that The matter should stand
over Tor lew days, and that all the parties should
be notified lie WAS determined, IL the facts Of the
case shoWeu these parties TO nave been guilty vi will
ln contempt VI the process OF this court, 10 use
Whatever power the court possessed or could com.
mand 10 enforce It's oraers ana MAINTAIN It's agtnor-
IVY. ne h0ped, therefore, that Mr.. Bangs ana the
other parties concerned would receive nonce that It
Was the purpose OF The court 10 nete out 70 them
Tue lull letter Of the sw.
Ar. THUS, on behalf Of Mr. Binninger said he
thou2ht mat gentleman mad amply purgel Mmself
oil Tie contempt imputed
Juage ACCuhn replica that he should take the
amdaylt OF Mr.. BnniDger, Tor he thought ne had
gone lar towards exculpatng himself from any in.
t.hliohai contempt Of the 81 the court and ne
Ns therefore, one ol the parties IN tue
whose interests the court would endeavor to protect
MI. Compton thought there was sufficient m Inc
case 10 snow mat BLnlnger and his creditors had
pcen W coIlusion IN Tins matter and that IN fact
bilniilRef was lie ngurehead WhLc they were only
the "poop.n
Judge McCunn said It seemed TO him that the
Wholo substance of This proceeding from beginning
70 enc haa been simply All attempt by interested
partes 10 Ret this property out or tie hands OF tho
receiver Oh ths court and place II IN the hands OF
lnsoiveDt assignee 10 bankruptcy. IL seemed 10 MIN
that tie charge OF Judge Batchford defining co,,-
dtion OF bankruptcy was OF the most preposter-
GUS statements he ever heard The IDEA that = firm
admitted on Nil sides 10 be possessed OF asaets sn n
Client to pay two dollars on every dollar or their IN
debtedness, could be declared bankrupt and their
property treated rs such, appeared an utter viola.
non Of all reason ana all law, and II plaintls conn.
eel would appeal from that charge and carry IL 10
the United states Supreme Court lie was confident
~ could not be sustained for moment
MI. Compton said ne had t6krn steps 10 appeal It,