Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-01-07
The Bon Marche Assignment.

APP LEGATION FOR APPOINTMENT OF A RECEIVER ETC
To-day Mr. Leon Tobriner, for Gutwilling Bros,
OF New York, and other creditors, filed bill
against Z. d. Mayer and II. j. Rohr mayer & Rohr)
and lSadore Sacks, for the appointment OF re-
ceiver to take charge OF the stock and assets OF
the Bon Marche. &c. The complainants state that
they sold TO Mayer Rohr, september 9 last. bill
OF goods on credit OF 30 days from october d.
~ Whlcn Oil Is nowoverdue They charge that
september l, 1855, by III. j. ROhr and Edward
Mayer, and that Rohr then represented TO the
mercantile agencies that the cash capital was
$2O,OOO-sl0.0O0 contributed by each. and that
such representations were made TO establish the
credit Of the concern; that the said firm continued
TIL February, 1886. when Edward Mayer sold his
interest TO Ernest ID. Mayer, and ROhr then reit
Grated his representations as TO the amount OF
capital They aver that the business was con-
unued with renewed vigor and that the firm was
apparently doing one OF the largest retail busi-
nesss Ia the District but some time In March, 1885,
IL was reported being somewhat slow In
meeting Its payments, and being interviewed In
reference 10 the sovency OF the firm, Mr.. ROhr in
formed member OF mercantile agency that the
firm was fully able to pay all obligations and was
doing thriving business The compliments set
out the assignment made by the firm for the bene-
nj OF the creditors TO IsadOre SakS, December 27th
last, and claim benefit under the trust, and ask
that IL be strictly enforced under the directions OF
the court and such proceedings be had as Will pro-
tect all the creditors and insure TO them all their
rights under said assignment. They aver that
from statement made by the defendant, Saks, to
the compliments attorney, the total liabilities
disc, $500 for cash moneys alleged TO have been
borrowed, and sl.227 for miscellaneous debts,
is deficit OF s49,7I2O4, the whole of
which, according 10 the assignee, must have
accrued In the last six months. They further
charge that this Indebtedness was incurred within
six months OF the date OF the assignment and the
purchases were so made that but few II any would
mature until the close OF the holiday trade, and
that the firms have paid but few or any OF their
bills within three months and none OF their fall
and holiday trade bills, and at the time OF the ex
ecution OF the assignment large sums OF money
should have been on hand. They further state
that II is notorious fact that the receipts OF De-
cember 23d, the last business day. were $500,
and yet but 81 cents were IN bank and S91.94 In
the safe. IL also appears that In addition 10 the
merchandise purchased they obtained November
2sth loan OF $500 and December LIST another
loan OF like amount from the National Bank OF the
Republic, and the complainants aver that these
sums and the daily sales should have
been applied TO the payment of debts
or turned over as part OF the assets. They, there
FORE charge that the asSignors have retained large
sums OF money, and converted the same TO their
own individual use They state further that none
or the preferences appear TO be for merchandise;
that the Jacob Mayer preferred for $500 Is the
father-in-law OF T. d. Mayer and the Jacob Ross
preferred for like amount is the father-in-law OF
H. J. Rohr and charge that these are not bona f1de
creditors. They aver that although they have
every faith In the responsibility OF j. Saks,
they believe that his business engagements are
such that he cannot give his personal attention to
settling this trust that he is on very intimate
terms with the assignors, and has made no exami-
nation OF the assignors' books nor does he con-
slider II his duty to ask OF them an explanation;
and being engaged In extensive business himself
he has placed this business In the hands OF clerks
The complainants further charge that the as
signors have no. transferred all these assets and
that II their representations are true there is de-
felt OF $50 7l2.04. They charge that during the
holiday trade, while in receipt OF large sums OF
money, the firm refused TO give Information to
creditors 20 their disposition, &C. They further
charge that the assignee, l. Saks, having received
sufficient TO pay the preferences, he will make
payment Immediately, and has called a meeting
for this morning for that purpose, and he has not
made an examination OF the bona fide5 OF said
preferences, and he proposes TO pay them before
Monday, 9th instant, and close out the remainder
In bulk They therefore pray as above. The bill
was presented TO Judge Merrick this morning and
a rule issued, returnaole on the 18th instant.
subsequently Judge Merrick modified the order
so as TO allow the assignee to continue TO SELL but
he IS not 10 pay out any money.