, 1874-03-09
THE COURTS.
Tho Troubles Of a Board Of Trade
Mum.


| t"AoJ W Atl aAeurtmont Of hardware in tile
hantis OF Alrk Hawos. Recover, was concluded
Saturday before Judge williams. Tic claimant
fahcy, wab examined, md showed that tllore
was only about s222 owing linn at proront; tuai
Lombard ana lio had hottIcmont about nix
woelsn after tho giving Of tho 81, 800 noto: and
tll@t Lombard tlion gavo another noto for s22q
tn full FaheY, iii lis petition. Ind alleged TINT
thoro was nearly ed00 duo. for which l,o lad d
lieu on the hard"aro. Turk, tho bookkeoper Of
tho Company, testified TINT Lombard wnp
ACTUALLY about $4,000 In debt to tho Com.
| lany at tho tfme tho $500 draft waa
giVet' but TINT ho had l,ad tho books fixed pro.
Vioas to hib adjudication III bankruptcy 70 Us to
mike tho Company debtor to hltn, in lho auiu
Of about :22. .0u0.
| Judge Williams, however, thought thcro was 4
do''bt NJ to whom the hardware belonged, and
made m order TINT 1t should be
dclvcrod to tho Kecctvor on bis paying 5222,
the amount duo Fat'oy, aud t1at tho lattorr
should deilvor up the 81 ,10o-draft, and also this
To-day Judge Bloagett will honr tho motion
for ncw trial III tho bankruptcy procccdups,
aud long md interesting argument is ox-
! pected.
noppIH a HAMILTON,
James 8. Hamilton, Or tho latu nrtn Of Rotltlln
i Hamilton, iowoors cornor Of State a,ld wash.
ington stroc!B filed III tho bankruptcy Court,
Saturday, an answer TO tho bill Of -Engeno V.
Tribune Of tho 24th February, which clargetl
Hamilton and eundry otllor pnrtics with 1ra,,tl
aud conspiracy. IN his answer, deronlatt al-
iegcB TINT tho partnership with No<ldin wau
formed in 1861 the firm then being Morse,
lsodlin i Hamilton that during 1863 Morso ro.
tired, loayng tho parties to the plcHout suit to
carry on the business, which was prosperous IN
60 tho time Of tho fire. which disaster 10 affected
It'll ni3alra that compromise with tho creditors
was sought and obtanot. During tho past two
Aot!dn paying no attention thoroto. his tlmoo
being taken up mainly with domestic difficulties
OF MI extremely dolicnto nature. The only cap
,ta ~. gut i1 euee tue fro was 37ooa casl pro-
tue indebtcdncsa Of tho firm was about $G2, ,006,
which they were utterly uuat,lo to nay in full.
lioddsn wont to tho City Of Now York to neot
tho eredisors' profossodly for tho purpogo Of Ho-
ea1Flng compromise, bat deponent received
together. or nothing could be dono. Deponens
went to Now York, mud found that Roddjn had
called meeting Of tho creditors, which de-
ponont attended, and at which noddin asatod
that tho assets Of tho firm amounted to
about s45.ooo. Deponont mado statements ~
to tho precise condition of tho firm saving That
lsoddfn, Bhort time before lowing Tor Now
York, had drawn IS, 900. Tho creditors insisted
n6n p M an ehpanaon as to whore tho money waa
explanation was unsatiafactory, md the creditors
refused to proceed further with negotiations
until Noddin Lad passed tho money over to tho
chairman Of TUG meoting for the benefit Of all
tue amount whcreupon tho meeting adjourned
for two days to aacortain whether tic check
would bo made good; lsoddin agreed to 10
present !e1a at tho next meeting, but On the same
nn'ght nada 10 ret returned a,.l, to Chicago. Air.
kiDs 4 Dodd, insisted that it "" was
obvious that Roddin intended to perpotrato n
fraud upon tho creditors, md that deponant
should lnstrucE lila Leading omployo, directing
nlm to tako charge Of the vault, lock II, change
tempt to abstract from It either money or yalu-
ables might bo defoated, which was dono. De-
ponsnt immediately returned to Chicago, aud
found that proceedings in bankruptcy had been
part or Sand n aoy a9 s spd nS ha no
their COMMENCEMENT. The actual value Of tic
asaots Of tho firm will not oxccod s4i,O00. On
his return to- Chicago deponent busted
himself IN devlsing some means by which
ized for tho creditors, and tue
firm reloyod from liability, and, at the instance
Of Mr. Hale, Provisional Assignee. and Of SOW
er4 creditors 10 onaeayored to bring about md
dd bring about &C. dissolution, to which no1lin
footed Hettlomont with the creditors by which
Il now firm could bo croated and tho old busl-
moss carried on. Roddin, discovering that tho
Hottemont had bcen made aud tho busincsB
dissolution, or, failing that, to the carrying ont
Of tho settlement, Defendant ayers that
thero mover has been between him and tho creai-
tor Of the firm, or any otnor person, any con-
eplracy Of any kind for tho exclusion Of Roddin
from tue firm TINT tho inducing Noldtn's with.
drawal WAS tho conclusion rcachod BY doponont
from his belief that the bnBincss it1peratiyely
required it. 1lo stated ut the first meeting Of
creditors TINT !la proposed to turn oyor to them
the ontire asaots OF The firm mud his personal
property if they would rolease him personally
from liability and tako Roddin therefor alHo
that no was willing to proceed with tho business
himself, taking tho assets and doing tho bost llo
could with thona. but IT noithor propositions wero
accepted, tho creditors would DO compelled to
take the aAscsts and do the bost thoy cOnld with
them, US defendant refused to 20 on with Roldtu
under my circumstances.
psponont's answer ~ supported by at1ldavtB
by William E.. 1Ialo Provisional Asslgnoe. james
J.. Rove, Aoad salesman, and AIflct D. bhon-
pard, bookkoeper, Of tho late tlrn,; George il.
Howo and r. IT, Halo, creditors thereof, III I'll Of
which the alleged conspiracy III donlod and tho
chatacters OF the reapootyo litigants coutrastod,
to tho favor Of aIr. Hamilton.
llL1. TO RESTRAIN SALE.
Frederick Haskell filed bill III tho Circuit
Court Saturday to restrain q sale nntor truBt
dood, an1 showing peculiar state Of faots. lie
states TINT tn NSoyombor. 1871, Emily J. Mont
Gnrloys subdivision or Blocks 81 to 9g, III As
sesBo1s, subdivision Of tho fractional
quarter Of soca. az SO, Il, subject, however,
to m incahcarce for $4,000 to b. Il. Gallup,
md tr,lst-dcod for 80. coo to complainant. TIC
first iuclltnbranco becoming due, Mrs. Mont
gomery attempted to obait, i loan Of $4,000 to
tako mp tho first. George y. OIupp, of Boston,
offered tho loan, but wished to haye complain
ants lien made secondary to his. Complainant
n,owevor, refused ths,, and the trust eod to
i(lHnn m1Gn fha iii hnf fho Tfrst
tEuat-aoal be oancolctl. Complainant alleges,
however, that Ctapp or tho other Trustee. Nc
hinnon, llas talkol the first tr,1st1eod and hollis
it III collateral security for tic third 81. 900
incumbranco. A1oreoyor a tlofault having takon
place in tho payment of interest OIL the rst in
oumb.ance, uallup has advertised tho promises
Tor Halo.
Complainant alleges that tho first inonm-
brauce WIS cancolod by tho CREATION |
Of the third, or that II 1t woro not yot 1t Gun
onIy 10 hold aH collateral security to Tint, and
can only be used III case a default Ia nude in
the third trust deod. lie therefore asks an in