Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-01-24
The Bon Marche Assignment.
ANSWER OF THE DEFENDANTS TO THE SUIT FOR RE.
CEIvER AND INJUNCTION.


CEIvER AND INJUNCTION.
To-day, in the case OF GuttwelIy Brothers agt.
! Ernest d. Mayer, Henry J. Rohr and Isadore Saks
for a receiver and injunction, the defendants by
MeSsrs. Edwards Barnard, fled their answer.
That OF Mayer Rohr, the partners, denies that
all the goods alleged TO have been bought on Sep
TENDER were then bought, and says some were
purchased october ), and 20 and December 2.
They deny that 1t was one OF the largest
businesses of the kind, and admit the partner
ship and statement OF the capital at $4,000
but deny that the statements were made FOR the
purpose Of obtaining credit; assert that they did
all they could TO make the business successful;
that they had no personal knowledge that the
firm was In March, 1856 reported as slow In meet
Ing Its payments. They admit the making OF
1ne assign gnu anu state mat tne goods and
fixtures at 5000. and admit the cash receipts on
saturday, Dec. "A, TO have been g, a53.60, but
drny that on the dates mentioned the rrm OBJ
| tained loans from the National Bank Of
the Republic. and assert that the notes then
given were renewals; admit that nearly all the
Indebtedness was incurred within six months Of
the execution OF the assignment, but deny that the
purchases were arranged to mature after the close
OF the holidays and say that fully One-half became
payable before January /. They deny that
there was wrongful or illegal conversion OF the
hrm's moneys as charged. They admit That none
OF the preferences appear for merchandise and as
sert that the preferences are bona nde debts and
obligations and assert that they know OF no ficti-
tious debts which are TO be paid. They admit that
Saks is one OF the firm OF Saks & Co, but DENY
that his business engagements prevent his giving
attention 10 his duties as assignee Asserting that
ant, they deny that they have been very init.
mate with him They state that knowing
s als many auansaions when financial
In justice 10 all their creditors they executed tne
assignment, and In the belief that Mr.. Saks will
execute the trusts In good faith. They deny that
the assignee has placed the establishment In the
hands OF clerks so that the assets are liable to
waste, and they believe that the assignee is giving
n hsa n IiCIa
and Is using every effort to execute the
trusts for the beneft OF all concerned.
They do not know that The aSirnee considers him
self bound 10 make demand for expianation as 10
the cash receipts during the holiday trade and
say that cotemporaneous with the execution and
delivery OF the assignment they turned over the
BOOKS 10 him, and no such request has been made
OF them; They deny That they have not turned
over all the assets or that saks has declared
that. having realized enough TO nav The
preferences, he will make payment imme-
diaiely, or th,t he proposed. without giving
| the preferences before January g. and would dis
pose OF the assets III bulk and close out the affair
Iney admit that their sales since the assignment,
up 70 the time ior the lns OF the bill or the as
sgnee, has realized, hey believe 81 40 "a
Tney state their belief that unless the creditors
realize from the assets they will realize nothing
and deny that there Is necessity for a receiver
They deny That complainants have stated a case
entiILIg tlen 20 relief In answer 10 the inter-
rogatlons they state that the liabilities are
s1O.314- 26-sj6,O3l.0 Tor merchandise upon
toi40o do: notes, sl,247 expense, $500
renewals
$500 Jacob Meyer, and $500 Jacob Rose
The stock IN August last was s47, 564 20 and rix-
lures 81. l04s The amount Of merchandise pur.
chased since July wis s6i, 44l9 the cash re-
celpts, s61,;ioI.6l; amount borrowed OF Julius
HamInersiau-h August 10 81 900; amount paid
out, 81, 19l.S9: amount paid IOr borrowed MONEY
$1,000. The amount OF sales from December ! TO
December ri was 81 ,SJi. They state that the
borrowed money was deposited In bank and drawn
To pay for goods, &c.
The answer OF the defendant assignee Isadore
sak, was also Med He says II Is false that ne has
declared when ne has realized enough TO pay the
preferences that he will make payment immed1.
Jteiy, or that he has made examination or rhe
bona ndes or said preferences. lie admits having
called meeting OF creditors for January o. and
says IL Is false mat he proposed To pay the prefer
eDces and Sell the balance Of the assets In bulk
and close out the estate. He asserts that con,
pldinants counsel had fun notice OF the propo,ed
meeting. He further says that he accepted the
trust In good faith ana Will continue, III permit.
te 1, 70 execute the trusts faithfully and honestly
He nles statement or receipts and expenditures
from December % 10 January II, showing receipts
$l5, 1sl.5s; expenditures, ST., 9O2. %; balance
Ss,s3gJ2.