Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-08-01
A Disputed Assignment.
AN ASSIGNEE WHO cLAIMs THAT rHI rArHRs HAvB
BEEN SPIRITED AWAIT.

Yesterday afternoon Mr.. 81. Wise Garrett, for F.
p. Madigan, filed q bull in equity agt T. J. Clark
trading as I. J. Clark Co, at sf6 Louisiana
nue., and his wife, Margaret CLARK, for an inJunc-
tion ana discovery, and q writ OF Injunction was
issued thereon by Judge wyne. The bill sets forth
Of enf Sss sss
neht OF It's condition. and 1t was agreed that Al as
Sisnmsnt should be made TO the complainant, r.
NIFTY cents the dollar and to give time for paying
mat amount The bill states that July 18th last
tn ns sssiS nment was regularly made 70 NasSan OF
e stoek OF goods and personal property, the latter
10 dispose OF the goods aud distribute the proceeds
me assignment was agreed to by the wife, who
paper was duly acknowledged, signed, sealed and
delivered The bill states that Nj. Nadyan called
at me store took possession and directed Clark 10
connact the same as bis clerk or agent saying he
would call again in a day or two and take an in
Sshtory. day or two later. at the request Of MI
ana ms nus attorney Mr. Msdfan the assignee
hands IN order that 1t might be shown to certain
creditors, ana subsequently II In the hands OF
not So the deed since and has been informed by
Mr Clark that has been destroyed, or, at least
AGENTS In charge and is now dispOsing OF the goods
a anS ing the assignment as nudity,
The bill further charges That Clark since aking
Tue d sd has engaged in moving goods from tie
store, ior the purpose OF deirauding the complain
oItTR may De required TO discover what dispei-
tiGn she has made OF the deed, and for an nJnnc-
1lon 10 restrain Clark from taking or retaining
possession OF the STOCK &c.
Judge Wylie. as stated above, made a temporary
Restraining order.
MR. cLARKs ANSWER
THIS afternoon Mr.. 7. +. Miller filed the answer
OF Mr.. Clark He denies that he made the asslgn-
ment alleged. and says that last year he started
branch house In Philadelphia and placed 1t in
Il n IN raxr-. ctn,o I'm
learned that the branch house had failed through
ihe miSinanaGement OF his agent. and his invest
iaent was total loss and his books showed M ag
create Indebtedness OF 1900 He desired TO con-
lnue business here, and a. he knew q sale BY
siShee would not satisfy his creditors, with the
view or dealing fairly and honestly With them. Ne
his condition and asked an extension for enc
year Nadigan, who acted ostsnsioly as
cons inuan"e OF his business and under no oScum-
stances would he make an aS.igs apt by which
MS stock would be summary dlspe nor did
his creditors ask It, 1t was suggsst T. he make
aproper paper placing the business In =. aams OF
Madigan and the DEFENDANT to remain In charxe and
out OF the net profits those who asssnted 70 LIE
agreement were 10 he paid 80 per OF the claim
II paid within year. This suggestion hs agreed
10 and he concluded to MAKE the assignment Which
conveyed the Ock and business to Nj q adYA with
The proviso that he (Clar should remain in charge
and conduct the business. as usual, and that he
should account to MadSan for the receipts. After
the paper had been executed Mr.. NadiEan and de-
iendant started 10 zee the WaShng on credit to
get their written consent to the agreement, and
torney until creditors could sign II. On July 2sth
he tCiarke) went 10 Baltimore 10 get the signatures
vi others, aud three firms there refused TO ener
INTO the agreement ulie.S their Claims were paid
In full He then concluded to revoke the
assignment and SO told MI. Madigan. He
Immediately gave the paper to Ills wife,
and without his knowledge, and under the
impression that 1t was no longer OF Use, she de-
StFoyed It. He states that second meeting OF
his Washington creditors was held July 3Oth, and
he told them OF his failure to arrange with the
Baltimore creditors and that he had concluded not
TO record the assignment and was promised money
out OF which he could pay them twenty
five per cent, and they readily consented.
lie states Mir. Mad!gan claimed to represent Nessrs
". " Gait Co.. and explained matters, advising
the ~ tlenent, and drawing the promissory notes
required lie denies that Madigan placed him Ia
charge OF the place as agent clerk, and asserts
that, never having delivered possession Of 1t, he
has been conducting the store usual, and denies
that he has been dlspoolng OF his goods for
the purpose of deIraudfng his creditors.
He claims that the paper signed by him
was OF no account owing to the failure OF all credi
tors to sign 1t, and that he has perfect right to
carry on his business as IL 1t had never been exc
cuted.
The answer Of Mrs Clark to the same general
erect as her husbands, was also filed.