The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-17

the any other creditor or other parties inter
essed therein He also denies tnat this action was
brought any unjust, iuequ.sble or unlawful pur-
pose that undue other advantage taken Off,
| situation Of Warren e. Grssnisaf the LIST oil
March, 1878; that IL is not true that War.
rem y Grcenlssf was actually beside himself
with greet or did not know what he was
dong that the respondent took advantage OF MS
position In order 10 obtain the consent Of Mr. Grcen-
leaf appo such receiver, and TINT II -
not true Mr. GreenIeai would have consent ted
to sucn appoiu tment lie In MS ordinary condt.
tion Of mind, that be now regrets such appoints
meut or consents 10 its revocation He iuther says
that Messrs Scudder Il Carter are The attorneys
| action for Mr.. GrecnieaL and, as ne Is
informed and believes. Msssrs seweii Pierce.
this action invitations to creditors OF the urn
It's customers, or persons having dealings with II,
mova, and that seweii Pierce also sent Tor Green
| Ieni without the gnowiedge or consent Of Messrs
Office Of sewsll 4 Pierce anu was questioned by one
| OF them 10 The alleged risk which Greep-
leaf incurred OF beng arrested on the
He goes say that tho compliant IN TINS &C
and the notice Of mouou Tor the appointment d
were prepared on the lst ust alter con-
between ht. counsel and Mr. Scudder VI tbc
trim Scudder Carter; that on the evening Of that
duy he ana lis counsel met Greeneai and ms uacle,
| who was his tather's brother, \. Bradford Green
| Ieuf, and Oscar b. smith, the bookkeoper
| Mr. Scudder, In this city; that the complaint ana
order for the appointment Of receiver were submit
TED 10 u the parties and were approved oy mr. scud-
Greenleal expressed HIS acqusscence IN the
proceedings and mis- Willingness tuit Mr. Scuader
should GU tnat evening appcur tor Greensa aud con-
scat said order but MS Chamberlain counsel re-
fused 10 acc pt the acquiescence Gresnieat that
| evening and specifically requested Mr.. Scuddcr 70
retain the papers until the succeeding morning IN
order that he Mr. Scudderl light have full coulter
encc with E Grecnea and that therefore tnc papers
we're delivered u nim tChamoerlan) on the next aay
BY GreenIeaL and were delivered TO his Chamber
laln's) counsel - -
Mr. Cnatn Uerlain states Iarther that immediately
a ter the death vi John b. Norris ne came To the
city OF New YORK at the request OF Augustus
w. Grceneaf; that the latter informed him
that oil the death OF Mr. Norris the firm
OF SreenIea Norris Co. would nave 70 90 INTO liqu-
dutlon That naa not sufficient properly 70 pay
ITS debts, requested his assistance ia keeping the
hrm alive, informing MIN that the current business
very prosperous aud WAS making SOU DAY ior
com He alleges thai he nuu been always on
friendly terms with Augustus W. Grceneai ANA cx-
presscd him his WI, ingnoss 10 furnish ms assist
the liquidation oil the affairs Of the urn or 70
become a special partner nrm; that while
negotiations 10 progress Tor That purpose ana
Just after they were commenced Augustus W. Green-
Ieu was attacked by lever, AS he was informed
and II became Imp0ss ole Tor HIM To have any commu-
with him. that he waited in the cry uuu the
death Of Mr. Greenlenf, meantime reusi0s aga nst
advice OF his friends aud counsclto take any steps
his property ia the possession OF tho hrn
while Augustus W. Greencai was SICK That Augustus
W. Greeneaf died about twelve O'clock ~ night on
the 2Sth day February, anu the succeeding day
he Nv the advice OF his rien1s aud counsel concluded
to luke the most summary measures possible for
protection oil tho properly o Tue nrm ana IFS GUS
toners, believing himself 10 DO the largest customer
MONEY ADVANCED TO THE FIRM
He admits the tall VI 1873, al the request Of
Messrs GTeenleAi, Norris Co, no ora furnish the
urn large amount Of money and properly 70 save
them from utter ruin, but he denies that such ad-
vances were then understood by him, or that u was
the fact tna such advances were maue 10 the hrm Tor
the purpose Of enabling them 70 curry his stocks He
says IL Is true securities were realned Ivy
The firm the margins lrunsacton IN st0cks had
BY FIRM At his risk aud IN trust Tor him.
copy OF his account WIN tue firm from September
i,
the answer. lie denies that in the TAIL OF
1873 An loss for which he WIS liable was RENTED to
HIM by Greenleai, Norris l. Co. On the contrary he
says that the property belonging 10 him for winch the
firm accountable TO MN was SACRIFICED 10 pay
the debts of Greenleuf, MOI rs Go. that they re-
naneu nueDtcd TO hun therefor, ana that II was 10
ms lorbearance that the existence VI the firm was
prolonged long as II Was, but he that during
that period he repeated assurances from Mr.
Augustus W. Greeuleat that the firm was solvent ard
dong prosperous bus ness.
sALToSsTALL THE BOOKS.
He further says Sdtonstai was Ia tots CITY from
about the "a until about tue l4tn Jay Of March,
that during that period he applied to Satonsta Tor
an inventory oil tie property Of the frm in Chicago,
bat Saitonstaii never complied with hts request
that he Obliged 70 subpoena HIM before tue
information; that whiic Saitonstall WIS in this
CITY he (saitonstail had ree ACCESS ny his knowl-
edge consent 10 the books Of Grcenieai Norris
L. Co., and rummaged them frequently 10 his hearts
content, but never gave to him tine names sought
names appeared on the books kept Oy Salt0DstnlL
He denies that lie has refused 10 give 70 Saonstsii,
other creditors Of the suiu urn VINO
sire 10 obtain the ssmo, an account Of the prop
erty or securities OF the trim, but on
the contrary says tina. Immediately alter
inventory made Of the property oi the firm, and that
the same was filed Ia THIS Court on the 7th day OF
March inst. He denies that he mas gwen evaslve
answers respect to the condition OF the firm
ALLEGED that It would take two or tbree weeks to nd
n out except no SAYS the true condition Ct said arm
cannot DC ascertaincd uni the creditors have pro-
duced ana filed their claims; that he does not know
wuat the condition OF the firm Is IN RESPECT 70 It's
ub lxnf 10 siu
cadeavoriug to hud out.
CLOSING or ACCOUNTS.
Alter various other deuias ne says that Il Is abso-
false that he has informed various persons that
they their accounts OF the "a OF March,
inst, or tnat they must prove their claims for the
price OF stock oil that date On the contrary, he says
that he Is advised ny MS couosei THAT TOR the
purpose Of adjusting the claims Of cred
made by the Court, ana that tho date the
curt will probably adopt will be the % day of March
as The time proving the prioc stock carried by
the nrm customers tuat Respondent has rc-
cslved advice from MS counsel aud elected
verscy to his ln,erestto chuso the stocks carried
He soys that while 1t Is true that
he resides Cleveland OHIO, 1t is not
that since his appointment as receiver this
cause he has abseuted himself from this CITY the
office Of the rln, but, on the contrary. he he
present IN tns city ior two weeks prior 70 the "a
inst that on the Dght OF the llth he went TO Cevc
land TO attend to some necessary bus'nes. aud re-
turned on the night OF the l4th oil March, leaving
perfectly competent and trustworthy person IN
charge Of the property Of the trim, AMI that he
turned to this city the 14th ins HIS wife, Tor
the purpose aud with The intention Of remaining
until the business Of the receivvrshiD srOulu be
cluded; and he believes that but Tor ths graruitous
Interference OF Satonsta and OF the attorneys whose
nurncs inuorsed upon tue petition Of Saitousta
the whole OF the estate could have bcsn realized
distributed among the creditors within sixty days
| IRON the 1st inst
He says that as he Is informed and believes, the
petition of satonstall and aidavs of Perry H. Smtn
and William Taylor arc the work Of weeks effort
tue part OF Messrs Sewell Pierce 90 gee together
body OF creditors 10 attack him and prevent nd
usiment OF the affairs 81 the firm. lie says that
judgment was entered 10 this cause, on the 7h inst,
twentyve different persons have proved thelr claims
against Greenleaf, Norris Co., and have made them
selves parties TO tins SUIT
PACIFIC MAIL.