The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1869-11-26


able, and feeling so oppressed with the
notion of having property which my con-
science would not concede was mine in
strict justice, that it would have been a
relief to have had an accomplice with
whom to share the proceeds and the re-
sponsibility.
town had taken no steps to ascertain the
value OF my property; but, in the first
place, / know very little of the ways OF
the money market, and the share list is as
great puzzle to me as Brddshap. And
In the next, to tell the truth, l felt timid
at asking questions which might lead me
to betray how / became the owner OF the
shares.
A month after this, had been out for
the day to picnic with my wife. We
had both enjoyed ourselves hugely, and
come home flushed with the summer heat
and braced up with the fresh air. I had
got over all my qualms about the posses
sion of the property, and begun to look
upon 1t as promising very acceptable ad-
dftion to my income. l am not sure had
not been regarding the scenery of trees
and sky and ripping water with some
thing Of unusual complacency, for feeling
that the acquisition of q thousand pounds
removed me 30 much the farther from
anxiety as to enable me to enjoy it in the
greater peace.
A great oblong official blue letter await
ed my return. 1t contained blow
most letters dated from Basinghall Street
do.
Re THE UEDENIABLE SECURITY AND UN-
LIMITED DISCOUNT BANKING CORPORA-
TIoN NMuTED).
SIR: beg to inform you an order has
this day been made by the registrar, call
ing upon you as a contributory in respect
of your fifty (50) shares held in the above
company (now under winding up order),
numbered respectively from 2,034 to 2,0S3
inclusive. The amount of the call is five
pounds ten shillings (e5 10s) per share,
making total of two hundred and seven
ty-five pounds (e27O; which sum must be
paid at my Office between eleven and four
on Thursday next the 26th inst.
(Signed),
Official assignee IN the Bankruptcy.
o fool! l began to vaguely see now
why the clerk told me I might be quite
sure no one else would claim the shares.
They were not only of no value, but their
And l, to be idiot enough to go and claim
them when the company was actually
bankrupt and worsei
Night as 1t was, determined to 60 at
once and see my wife's brother-in-law,
Mr.. BlOde. He was barrister-had been
one for ten years-but had never had
brief.
40, shouldn't take any notice of that, I"
he said, al don't think they can fix you
With liability. I'll write to the assignee
and manage it for you. Let me know if
you hear any word of il. You are an in
nocent party; you didn't buy the shares but
the iron safe. But how on earth did they
know you held the certificates?"
l told him l had given an authority to
heve them registered in my name.
ilHe drew In his breath, and produced
long whistle like sigh. "Then- you've
indorsed their possession. You should
have consulted me. However, 1 wouldn't
trouble about it. Leave it to me-"
1t would take too long to describe the
harassing anxieties which each week
brought me, while my case as aseontribu-
tory was dragging along first through one
court an Ptden another; but the different
lights which various luminaries of the law
shed on my unfortunate two guineas'
Il was sgreed mat, IN buying the sare, I
Could not have bought the contents-that
the safe was described in the catalogue as
safe, and nothing more, and that, cOnse-
auently, as had only bought a safe, what
ever was found in it was no more mine
than any other distinct catalogue, and l
could not therefore be responsible for liza
bilAies attaching thereto. 1t was retorted
by the opposing counsel, that should his
lordship acquiesce in the view of the case
propounded, certainly to his astonishment,
by his learned friend, and decide that the
certificates were not purchased by me, and
not therefore mine, he would agree TO-
a verdict, and Immediately indict me for
felony, for appropriating the shares to my
own use, authorizing their registration in
my own name.
He submitted that if / had bought the
shares, l was liable as cOntributOry; and
if not, as felon. The learned judge said
he could not entertain the issue of felony,
as that was question for distinct tri-
bunal, but that he was inclined to rule
that had bought the shares. The condi-
tions of sale were sufficiently explicit to
his mind on that point-"the lots to be
cleared with all faults and errors of de-
scription." Indeed, the very term en-
ployed by auction custom appeared deci-
sive. The item in question was described
as "LOt 217-an iron safe" 1t was the
"lot" which was put up to competition.
and 70 use common expression, Mr.
Trumway had bought the lot that was
call the lot" The question then arose
Could be held liable as a contributory,
when in fact, had purchased the shares
on the very day of the company's bank
ruptcy, and the registry in my
name was not completed until some
weeks later? In other words, that
seeing the company had contracted
no liabilities during the time held the
shares (having, in fact, ceased business),
could / be made contributOry? Against
this it was urged that shares represented
past responsibilities, and that as should
have been entitled to share in dividend
on the past year chad one been declaredl
so it was Just that l should bear my pro-
burdens. And again; it was
clear that somebody must be liable as a
in respect of these fifty shares
for twelve months prior to the bankrupt
cy, and the burden of proof as to the per-
son 20 liable, if not myself, must be sup
posed to rest with their present possessor.
The Judge thought not, as it was not TO be
could have had either interest
or liability in the company before the date
of the sale. The case, however, was COM
plicated still further by the opposing coun-
sci bringing evidence as to the previous
owner of the iron safe, and endeavoring
to prove that his liability in respect of the
shares actually terminated twelve months
previous to my purchase, so as to fix me
with responsibility for the interim. 1t
appeared that the safe and its contents,
some eighteen months back, had belonged
TO Mr. Wendle, shareholder in the COM
pany; that, in addition to the certificates,
Il had contained his cash-bo and aquanti
~ of gold and notes, and that the safe had
been stolen from his Office, the notes and
gold, and cash-box removed by the rob-
bers, who had obtained wax impression
Of his key, and the valueless safe contain
ing the shares, sold to an ironmongor,
who put it into the ssle. This Mr.. Wendle
had applied for duplicates of the share
which were refused by the
until he could prove the destruc-
lion of the old ones. Unsuccessful in
his, and distrusting the reckless business
,f the "Undeniable and Unlimited" he at
asst applied to have the shares standing in
his name cancelled, scaieh had been done. 1t
would therefore follow, it was oontended,
hat my liability embraced the whole
from the time Mr.. Wendle's
name had been erased, to the stoppage of
he company, being the next registered
proprietor. Against this it was argued
hat whatever Mr.. Wendle might have
written to the company, the certificates,
nlien found, were his property; anG that
a.. thax, x.yoro ctolau they none the 1e4a