The New York herald., 1876-02-11
DUNCAN, SHERMAN & co.
ANSWER TO THE PETITION OF JANE FERRzRo

THE OTHER SIDE OF THE STORY.
We give below the answer of Duncan Sherman &
Co. to the petition OF Jane Ferrero filed few days
since in the United States District Court the points of
which published at tho tiine in the HERALD:-
UNITED STATES DISTRICT CoURT.-In tho matter OF
William Butler Duncan Watts sherman and Francis H
man and Francis Ii. Grain to the petition Of Janc
Ferrero.
These respondents say that no Injunction or other
order has been obtained by them from this Court
elsewhere Restraining or in any way interfering with
the prosecution OF any action brought by the said DO
titoner as against Andrew T. Elliott As these re-
spondents understand tho complaint of tho said Jane
Ferrero in the Supreme Court Of the State of New
York her action is one in substance to recover the
amount of bills OF exchange drawn by the firm OF Hot
tinguer & Co., OF Paris Every allegation OF actual
fraud OF fraudulent intent made in her said
plant is absolutely untrue. II Hoitinguer Co made
any statements alleged in said complaint imput
ing fraud 70 these respondents then sach statements
of Hottngucr Co. unwarTanted and untrue, and
these respondents informed by said Hottngucr &
Co that they have made charges of frnod bad faith
against tho firm of Duncan, Sherman Co. or any
member thereof
AS TO the allegations in said complaint that said Dun
and Sherman purporied 10 be owners Of valuable
real estate in the citof New and elsewhere and
kept the same in their the public rec
ords and held themselves out to tho word the
OF said property and upon the faith Of such ap-
parent ownership in part were cnabod TO deceive the
plaintiff said complaint described, these deiond-
ants refer TO their the petition this Court
OF the Fourth National Bank and others, and they
adopt the denals and avermcnts in their said answer
!
sad Jane Ferrero contained in her petition and
plant copy OF their said answer being hereto
nexed And they say that they have reason to be-
eve that said Jane Perrero ever did and upon infor
nation and belief they deny that she did cvor examine
the record title to said property or know anything
about the They say that is not true and they
deny that the firm Of Duncan, Sherman h Co falsely
OF fraudulontly otherwise pretended TO possess
moneys the place In said complaint mentioned that
said firm these respondents pretended to place the
plaintiff In possession OF moneys In the city OF
Paris by the means in said complaint mentioned other
tVi n
course of business drafts or bills OF exchange Hot
tnguer Co, which was and is, alleged in said COM
plaint weH known, respectable and wealthy firm;
and they say that the drafts bills Of exchange in the
complaint Of said Jane Perrero mentioned were drawn
in pursuance Of authority from said Hotnguer Co.,
and in the expectation and belief that said Hottinguer
Co. would accept and pay the same
| And the said William b. Duncan says IL IL not true
that he has not assigned all his property for the benefit
of his creditors and it true that he has held back
or ssereted very large or any interest IN certain or
any cotton claims against the United States or very
considerable or any interest in property under the de-
wise Of Cyrus Butler.
And these respondents say that at the time when the
drafts or bills OF exchange mentioned in the sad com
plant drawn, although 1t is true that the firm OF
/ duncan, Sherman l. Co. were not actually credi-
\ tors Of the said Hottnguer Co. for money de-
posted with the said Hottinguer & Co., yet they
believed and now believe that they had authority from
said drafts OF bills of exchange aud the were
drawn in the expectation and belief that they would be
/ hopored by Hottinguer K Co. presentations; that
everything avcrrcd, implied, insinuated or argued in
tho said complaint OF the said Jane Ferrero the
| RESPONDENTS
and II is not true that the money which these rospon
dents received from the said Jane Ferrero hor vol
uniary application for the purchase of said drafts or
bills OF exchange was at the time OF tho making OF her
said complaint or Is now in by these respondents
or their assignee And they say true that the
said Jane Ferrero has sustained any damage by
OF any deceit fraud practscd upon her by the said
/ firm OF Duncan, sherman Co, or either OF them
And fuFIhsE answering he petition Of the SAD Jane
paragraph thereof in which alleged that the Sheriff
ofthe city ppd county e New York was endeayorlnS
shat they never made any effort whatever to
! keep pvt Of ihe way Of the sheriff; .nss tsey
were informed by their counsel that this oction
was about 10 be commenced that their said coun
sci would appear therein behalf OF those defendants,
and upon such appearance, which these respondents
| were advised was in fact and in law equivalent TO a
! commencement Of an action, proceedings TO restrain
the further prosecution OF said action were commenced
! by them.
I Watts Sherman and Francis II. Grain upon iniorma-
ton and belief and said William Butler Duncan OF bis
! own knowledge-that the averrncnt that the sad
William B. Duncan intends soon 10 proceed to Scotland
Is without foundation and without truth; and II Is
not true that tho family Of the said William
;ss s0'1l% tI%. 81 Sid Eug0n Sot Ssus aS fsiFsiS
sworn e Or had preceded e% '9 .as Scotland TsTTaro In
her said petition concerning tho alleged coinon ana
fraudulent character OF the adecaon Of bankruptcy
these proceedings those respondents refer 10 their
answer the petition in this Court OF the Fourth Ma
tlonal Bank and Others or which aforesaid copy IS
hereto annexed and they adopt The denias ana arma
| tions in their said contained and apply the
to tho allegations said Jane Ferrcro's petition;
and they say that IL Is not that the largest or
large portion, number amount OK the creditors who
have signed the petition for adjudication In bank
ruptcy are relatives or attorneys Of the bankrupts;
although these respondents admit that many OF the
said creditors whilc doing justice to themselves and
promoting their Interests in signing the said petit
ton have acted what these respondents regaru as q
friendly part toward these respondents 10 saving not
only these respondents but their creditors also, from
imposition annoyance and attempts to gain preferences
and attempts 10 dclraud the creditors of these bank
rupts Of rights secured them by the laws Of the
land.
And is not true that those Of the slgncrs to the pc
on for adjudication Of bankruptcy who dd not stand
toward the bankrupts in the relation OF relatives,
friends attorneys have been procured By the bank
rupts TO sign petition against them, except that IN
A0na instances these Respondents have SSrSSsad ths'