, 1889-07-31
Peculiar Specific Allegations are
Made in the Prayer.
The Names of Several Preferred
Creditors are Given.
Stated That Mr.. Post was Solvent
When He Failed.

Bowers, Geo. A. Southall and Chas. R.
Clark VS.. Morton Z. Post, doing business
under the firm name of Morton L. Post
Il Co., and Adrian j. Parshall and
Francis Il. Warren, assignees." All Of
these plaintiffs. who are represented by
Campbell & Stoll, were heavy losers by
the failure.
The allegations in the petition filed yes
terday are very interesting. although sew
eral of them are not entirely new. Here
they are, winding up with a prayer that
the assignment be set aside:
First. Because the said Morton K.
Post was not an insolvent debtor at the
time he made said assignment, but was
solvent and fully able TO pay his debts
from his own means as they became due.
Second. Because the said defendant,
Morton Il. Post. assigned more property
than was necessary or sufficient to pay
his debts; in this, that the value of the
property assigned BY him amounted to
but SSH. 007.S5.
Third. Because said assignment was
not accompanied by an immediate and
continued change Of possession of the
property assigned, and because ever since
the said assignment was executed and de-
livered and up to the present time the
said property has remained in the actual
possession and under the control of the
I'D NArt.n L DIT ~ L., -...-ol
possession and control thereof under the
false and fraudulent pretense that he and
his family are the agents of the said as
signees.
Fourth. Because in making the iu-
ventory required to be filed in connectio IN
with the SAID assignment, the said Nor
ton Il. Post did provide for the payment
of a claim known to him TO have been
false and fraudulent, viz: A pretended
claim of one Mrs. Il. Walker of So
GAS. 10.
Fifth. Because the said Morton L.
Post preferred the debt due from him to
Charles Mania over the debts of all other
creditors; in this that the said Morton +.
Post, shortly after the said assignment.
the exact date of which plaintiffs cannot
now state, and out of the funds and prop
erty kept and retained and unlawfully
Withheld, by the said Morton f. Post from
the said creditors did nay the said Chas.
Mania in full, dollar for dollar, the entire
amount of his claim against the said Nor
ton +. Post.
Sixth. Because the said a~ssiguees,
acting under the direction and control of
the said Morttp.E. Post, did. after the
assignment had been executed and delIv-
cred, and the said inventory filed, prefer
the debt of one Isaac Bergman over all
other creditors; in this, that after the
filing of said inventory. and some time be-
fore the first day Of April. 1888, but the
exact date Of which the plaintiffs cannot
now state, the assignees did pay in full,
dollar for dollar, said Isaac Bergman the
sum of 81, 3I4 25.
Seventh. Because the said Morton f.
Post did not make II full and true inven
tory of the cash on hand at the time of
the assignment; in this, that he alleged
the cash on hand to have been $3.50. 81,
whereas the amount of cash OF hand was
much larger, to-wit: several thousand
dollars, the exact amount Of which these
plaintiffs are not now able to state; and
because the said Morton +. Post fraudu-
lently secreted and Withheld from his cred
| tfNro n larua annOunf IS - fo MI.
several thousand dollars, the exact amount
of which these plaintiffs are not now able
to state
Eighth. That the defendant Morton
E. Post has not any property other than
that embraced in the assignment afore-
said out of which the executors aforesaid
can be satisfied in whole or in part; and
that unless the said property can be
said judgments, the same must remain
wholly unpaid,
Wherefore plaintiffs demand judg-
ment.
81 That said assignment be a~diudged
fraudulent and void as against these
plaintiffs, and such other judgment credi
tors of Morton e. Post as shall elect to
come in and share the expenses of this
action.
80 That the said deed of assignment
be declared null aud void and be cancelled
of record.
80. That the judgment of these nlain
tiffs be declared a lien upon the property
assigned by the said Morton r.. Post to
said Adrian j. Parshall and Francis Z,
Warren.
II. For the costs of this action"
This case will come on for a hearing al
the November term of court for the cur
rent year. 1t is presumed that the sale
Of the Post property here will proceed to.
morrow as advertised.
For the nCGE thirty days
2r5IT coll HTlSy.