The New York herald., 1876-12-13
BANKRUPTS.

BANKRUPTS.
THE CASE OF DUNCAN, SHERMAN I CO., AMI
rALLMADox i CO., BEYoRE REGISTER xET
cHUM
Tho Investigation into the affairs OF Duncan, sher
man Co WAS resumed yesterday before Mr. Edgar
$. Ketchum, Register in Bankruptcy Mr. Edward r
Brown appeared for the petitoning creditors and tht
hrm was represented by Mr. Laroque. The examina
tion was confined TO matters OF account and was ro
OF special interest.
Judge Shipman was recalled and examined, in thu
hrst instance in reference TO the acccpanccs OF Alex
andcr Burgess and tho money realized on them. The
acceptances he said, ho had not got; they with
the holders but he could give list Of them. The list
confirmed the following gJuly IL, acceptance Of
date for $40 O00 drawn By Alexander Burgess in favor
OF himself for three months Tho whole amount is
sucd July II $50, 0o0 all for three months He
found between July ~ and July 49, but the latter
his favor. all at three monihs On the date
there sum OF $50, 900 drawn by Mr. Burgess Tor
agent On July % acceptance. dated July is, for
s25ooo az sixty days, was drawn by Mr. Burgess and
made payable TO his own order july II, his accept
ance amounted to $50 900, payable 70 his own order.
The total amount was $3.50. o00 The pro-
cecds, far witness knew, credited less
the ntcrcs, and brokerage and into the general
assets OF the concern Mr. Duncan, no SAID. kept no
private check book that he or and certainly
none ever came INTO his POSSESSION. Judge Shipman
man Il Co.. A. Belmont l. Co Dclaleld Il Fitch,
Andrew Low, of Savannah, Ga, and others In each
he produced tho books OF the firm and furnished
the items. He was asked what two checks TO James
+. Wenman l. Co were for--onc amounting to So 900
and the other TO $4,000 He answered thar he had
personal Knowledge on the subject but referred TO the
entries which showed then 10 be for smargin" The
check 10 A. Belmont Il Co. had reference chiefly
to gold borrowed, and amounted 10 &ls6. 243 s5.
~ q N
be two accounts, general and special account In
answer TO the question what appeared to DO due 10
Andrew Low by the last entry OF the credit interest
balance account he said tnat tho last entry that
account S43s, 5l0 o. With regard Winthrop
said that the balance appeared always 10 he great
deal more tnan the amount OF the checks MS they
were paid. When the last check paid the credit
balance 81 093 81 Mr.. Winthrop Scrgen, was the
brother oil Mrs Duncan, and. as he was informed,
these checks, which drawn by Mr.. Lozicr, wero
charged 10 that account by Mrs Duncan's directions.
AT tails point the examination was adjourned until
Tuesday next at two O'Clock.
TALLMADGE CO.
Register Kctchum heard testimony also In the case
OF Tailmadge Il Co., who arc charged with obtain ing
goods from merchants OF this CITY, and after putting
them out Of their reach 10 enter into bankruptcy
Messrs. Anderson Il Mann appeared for tho assignee
Of the bankrupts Thomas q. OdelL
George Groot testified that he was instructed by
Tamadge & Co. to cart goods from Washington street
TO Jersey City, and II followed he to take them
Newark, Groot thought that he was watched,
and accordingly shipped the goods 70 T.. B.
Essex county for soizlng goods under attachment
by the creditors OF Tallmadgc 4 Co. The witness
testified, further. that other goods takon under
similar instructions knding wood yard IN Warren
street. Jersey City, these shipments madc within
one week Of the failure; Fagler Is also suing the
Sheriff OF Hudson county tor seixing the goods.
Samuel Van Buren, Of No. 80 Whitehall street. test
fed that he has been trnckman for twenty-eight
years. and that he owned tue truck used by Groot
shipping tho goods OF Talmadgo Co. 10 New Jersey
last summer he owned fifteen sixteen trucks; wit
ness was acquainted with DR.. T. B. Fagler Of Morris
ia ~ hn
gave witness orders tC cart away goods he had pur-
chased; this was in the store Of Taiimadge & Co.,
several days before the failure; 1--WE loads In all
were cartcd away; Elijah H. Tallmadgc was in
the clothing business scvcnteen years ago In Fulton
street, he had another store in Hudson street, cor
ner Vandam; TRllmadge failed this business and
his properly was assigned to witness preferred
creditor under the State law Tamsdge subsequently,
entered the grocery business a. First avenue and
Twenty street; he continued in this business
nearly two years; Tamadge L Co catered inio the
essential OIL business about 1902 witness testified that
August Is 1875; the firm failed IN July BY making
assignment
q Had you any goods in January, 1876 belonging
TO Tallmadge h Co. A. Yes; 1i3 packages
q What did these packages conaina A. Essential
oils. believe
q Have you any memoranda? A. Yes; IL was mado
by Tallnadge Co
O. In what form is this memoranda A. As bills OF
sale. received four bills OF sale They wcre all OK
ecutcd on different days, but were all delivered on the
same day.
q What did these bills OF sale represents A. The
urHts tOuTteeu Cusc5, beCOnO, elSuI cases. tue
third hythrec cases and niuc barrels; tho fourth,
sixteen cases and thirteen barrels
Q. Did you ever advance any money 10 Tallmadgc h
Cor A. Yes; whom they, were in tho grocery ousi.
ness.
O. Did you loan them money At any other time :
A. Yes; when they were in the essential oil business.
O. How muchs A. One thousand dollars in gold and
81, 500 in currency.
O. How this money ohtaned2 A. From various
sources. but mostly from collections; 81, 500 OBJ
taincd IRON John N. TaIimadge aud paid to Elijah II.
Tallmadgc, hs brother THIS obtained In four
instamcnts, as iolows:-$l 900, 50, 0OO $4,000 and
$500.
ASSIGNMENT.
In Common Pleas, Chambers, yesterday, schedule
was iled accompanying tho assignment OF Edward
Hunter and Henry II. Munsel to Jabcz +. Munsel.
The assignment Is the genera! bcncnt Of creditors
and the schedule shows the liabilities OF the assgnors
be $22 s53 OIL the nominal assets be 81 Y37 TO-
and the actual assets $l0194 r. Tho following as
sicnments were also filed in the County Clerks ohce
Samuel Greenwood to William Heciy James " Schanck
John G. Cutter aud Morltz Mailer TO Myer Stern,