, 1873-11-11
THE LAW COURTS.
a Tale Of Misplaced Confidence
and Fraud.
The Republic Insurance Case Before
Judge Drumnlond.
Petition for a Mechanics Lien on the
hough Elevator.

Busy Day in Ban]uuptoy..'The Courts
in Brief-'-The County and
Criminal Courts.
Charles 8. Rice filed yolurniuoua bill against
tho st. Lous Erarblo Company, James aivens,
andtho Equitable Lilo insurance Society of tho
United States, rclearstng woful tale Of mis-
plnocd confidence aud fraud, :,
Complainant alleges that In December, 1879.
he was asked by James Givona. WHO WAS then
President Of tho said st. Louis Marble Company,
to booomo General Superintendent of said Com
pany, representing that the Company was In
good and louriBhing circumatances, having con-
tracts from tho Govcrnmont, and wished d good
efficient man such MS complainant to take charge.
Givons also solicited Rico to buy Btock, offering
to soil 1t at TO- cents on tho dolfar,
and promising II ,ho, bought $4,000
OF stock, ho should DO appointed
Superintendent. at d salary Of $4,000 year. AL
tho roae-colorad statemonts as to tho e1cellont
condition Of the Marble Company were .vouched
for by tho Rev. D. P. Henderson, who had in
troduced complainant to said ,Glvens, and In
whom he had perfect confidence.
Rice agreed to tako tho stock, but said he had
not money enough to pay tho $25, 900 requisite.
GivenB accommodatingly told him tho Company
did not want any filthy luoro, but would tako his
notes,-one for $4,000, and two. for $4,000
each. The frat note, due in year, would be
just mat by his salary, aud tho other two would
be paid by dividends before they fell duo. On
tho 18th day Of January, 1878, tho contract was
made. Giyens however,, WAS not satisfied,
and asked that aomo collateral security
should be deposited to secure tho notos Rice
accordingly gave tho certificates Of stock, and
an lndoraemont policy IN tho Equitable insurance
Society for $1,000 With accumulated divtdonds,
duo Oct. 90, 1878.
But tho 'eeno changed. As soon as Rico got .
position Dehina tao curtain; 'he illuaion was
gono. He found that the Company WAS In .
very poor condition, with no credit, few con.
tracts, and an invisible body Of Directors. Tho
a+oo,, I'M hon, ,froro,, for IN oort. ~ tho 7,1.
seeA t11 oeoi, oAo,oa ~ ~ s0usa W suo uo1-
!ar ana fetuaeo, ana aome naa ocen gwen away
to enable the holders to vote. The stone do
Ivered to tho Stato-House at Springfield was
than The COMPANY wv were to rccdVo for It Tba
nft;cora niso onr,moncod inte4far;nc viii, R;ce AZ
Superintendent until ha was Compelled to re-
sirn tho Companv cancelinp lis s6. ono note.
Complainant states that thoy hayo tho other
tho eniownant polior. and nska an iniunntion
against the officers of tho Company to prevent
tlem from oo!iseting, I'D against tbe Equitable
lie Injunction ras e granted By Judge M Williams,
on filinR bond in tile sum Of -. 006.
Tns suANA1AS, w WEST EST = - ,rANs1Sa CASE.
Tho argument on the writ of orror brought by
beard % yesierday VI befero Judge Judge brnmmona. .e "''
a petition in bankruptcy was filed BY L. II.
Bates d Co: in October, 1872, and shanahan,
West d Manning werc adjudicated bank
rnpts. On this adjudication and all ordera
made subsequent thereto, the writ Of error ia
brought. Council for debtors allogo that sub
ecr1bing the firm nnmo to the petition
without m affidavit Of ono of them wha
insufficient in law, to sustain the
as to- the acts Of bankruptcy was filed. :, It
ts also claimed that there WAS variance bo-
tween tho copy Of the note filed and the orig
innl. The notes Hero not firm liability, Man-
ming having indorsed them for the benefit Of
shanahan & West.
Again, tho paper WAS secured, and oonld not,
therefore, DO nade tho basis of a notiton III
bankruptcy until tho security had been OK
In 70 Johnaon, ! Bank. Rep. 143. It Ia claimed
also thnt the District Court erroneously cou-
fined tho considerations Of tho jury to the
noteH and the composition decd az the only
evidence OF the agIoo1nont between tho petition
Ing creditors and tho Company.
moreover, the charge OF the Court TINT aus-
pension Of payment Of commercial paper by 3
merchant was an net OF bankruptcy. aud WAS
faulty in not stating that it must bo LIS own,
nor the time for which it must be
suspended. Various other errors in tho
charge OF tho Court arc alleged,
and also the verdict Of the jury In finding tho
bankrupts guilty Of suspension Of their com
mercial paper as not being sufficient to form
basis on which to adjudgo them bankrupts.
MIR. Il. ". Tenny, for tho creditors, said that
Of the nino pages Of errors alleged in their
twenty-five separate articles, mono Of them wont
technical. The admission Of the "socurod
notes in evidence was proper, to show tho inaolv-
cncy OF the parties, and as foundation for tho
petition, U bankruptcy Rop., l83, 1888, and 300.
Tho exclusion Of contensporaneous parol evl-
denoe to vary written instrument alleged as an
error, WAS right according to well-establishcd
rules OF eYiaenco.
IL regard tG Tue form Of INC verdict, tho peti-
tlon eharsoa .suspohs'on nnu non-sesnmptlon