The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-29

is upon judgment recovered against defendants in
the same Court on the 7th OF December. 1879, Tor
Sl5a %; The clam OF lgnaclo Mariscal is upon
Judgment similarly obtained the 23d OF December,
1870, for Sl3 200 g. The complaint further alleges
that, as plaintiffs are informed and believe or about
Inc eth OF July. 1913, William Butler Duncan,
William Watts sherman and Francis II. Grain, who
haa been Tor maay years prior 10 that time partners
doing business In the city OF New York under the firm
name OF Duncan, sherman Co. stopped or sus
pended business, and laed to resume payment within
period OF forty days thereafter of their commercial
paper and being BANKERS aforesaid failed for forty
days anu more thereafter TO pay numerous dcpostors
upon demand OF payment lawfully made, and thereby
committed acts OF bankruptcy. that on or about me
same day and the 2sh Of July 1875 they also executed
certain instrument in writing, which purported
TO be transfer Of all their joint property aud all the
properly oil each OF them TO William d. shipman, VINO
was then one of the attorneys and counseors-ataw oil
the said firm.
Alter repeating numerous allegations similar to
those contained IA complaints in previous actions IN
relation TO the insuinclency OF the surcues OF the
receiver, the execution OF Tbs assignment with intent
to delay deiraud and hinder creditors the conveyance
away OF tho Pine street property &c, all which have
been already published the complaint The present
suit forth, upon Information and belief, new al
legations the effect that A. Foster Elliott, OF New
Orleans in The state OF Louisiana is or was a member
Of the lrm OF Duncan, sherman * Co. at the time
OF the Ming OF the petition In bankruptcy that upon
the day OF The failure Of said hrm and in anticipation
of insoyency-to w.t. on the 9th oil July, lSI0-the
SAID firm secretly transferred TO Andrew Low, who
aitcrward became OF the pctioning creditors,
large amount OF property consisting Of cotton prio
cpay, OF value OF upward of $500 900, aud also gave
HIM draft upon London OF $50, 600, which amounts
they pretend TO have turned 10 him upon
account OF Indebtedness to him OF large
sum; that the amount of The Indebtedness of the SAID
firm IS greater than is represented In the affidavit OF
Walter ; Carter and the number OF creditors Is
greater also, and the petition has failed TO comply
with the law, both TO the number of creditors and
the amount of the debts; that number OF the petit
tinnng CREDITORS acted ignorance OF the facts when
they signed the petition, and II they had known Of the
same as herenbeore set forth, aud that the elect
thereof would be TO gain for the bankrups absolute
discharge, they would have Withheld their signatures
TO the SAID petition: that the sad United states OF
Mexico IS foreign government, and that some OF the
other compliments citizens OF the State OF New
York that said Barlhod Schlesnger Theodore Dreicr,
Jr, and GusIavus Nathrop, composing the hrm OF
Nay lor X Co., who signed their names by Theodore
Dreicr, Jr. aud the said Henry II. Ware, Samuel j.
Murphy and Glliat Schroeder, composing the firm OF
Ware, Murphy X Co., who signed their names by
Henry ii. Ware; and the said James +. Wenman,
Abram Alien Jr and James W. Wenman, conn osng
the firm OF james +. Wenman d Co., who si.ned their
names by danes +. Wenman and the said John II.
j. H. Hollis and Ezekiel j. Donnell, are The first Ave
persons or firms VINO signed the SAID petition,
ana that they or some OF them are
citizens OF The state of New YORK, aud
that the other sgners of Tho petition in bankruptcy
very numerous there beng more than 100 OF
them, and many OF them reside IN foreign States and
countries and that they cannot. without manifest IN
convenience and oppressive delays he all brought be-
FIRE the Court that. paintls arc informed and be-
licvc, tho hrst Ave persons or hrms who signed The
said petition in bankruptcy, or some OF thcm were IN
duccd by the irm Of Duncan, Sherman Co. TO sign
the same by means OF the payment OF certain sums OF
money to them and the agreement to pay other sums
10 them and thus TO make them preferred creditors Of
the bankrupt The complaint, which 1led in the
United States Circuit Court, yesterday, by Messrs
Field X Dcyo concludes by asking that the previous
adjudication OF bankruptcy Of defendants be adudged
void that the Injunction issued heretofore he vacaied
that leave be granted 10 examine the bankrupts that
plaintiffs be allowed TO proceed and exhaust their
remedy ut law their judgments, and such other or
further relief as 10 the Court shall seem just