Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-11-23
MEYER CASE APPEAL.
TIE SUPREME COURT WILL PASS
UPON THE DEEDS VALIDITY.
ste.srs. whitIock and Sands Appointed
Receivers defendants Dissatisfied
and Obtain n suspcnding Order.

trscted 80 much attention, will now 60
70 the Supreme Court.
Yesterday morning Judge Leake en-
tered an order appointing the former
trustee. Daniel Whitlock, and W. ii.
Sands receivers of the property assigned
on November 18th by II. IL. Meyer.
Later in tho day ex-Judge A. Il. Hol-
laday, representing Meyer and his trus-'
tee. applied to Judge Leake for, and OBJ
tanned a suspending order" for the Pc
Rod OF twenty days, during which time
tho case will DO taken to the Supreme
Court.
Like the preceding dayt courtroom
was ovcrcrowded yesterday with lawyers,
interested and curious spectators.
Promptly at II o'clock MIR. John
Pickrell, for the compliments who are
irving 10 broak the deed, began the
closing argument About half an hour
was taken up in this manner, the speech
being one OF the most telling of the
whole proceeding.
ABOUT THE HANDBOOK.
The handbook Of II. II. Meyer, which
had been called for on the preceding
day without success, was produced by
his counsel. A question disclosed the
fact that it had been brought from Mr..
Meyers room at Murphy's.
The Judge commented quito pointed
ly on this. The book, he said, should
have been of the store. The books were
conveyed by the deed, and the trustee
should have seen that all OF them were
there. This bank book showed a balance
of about $500. No one knew what had
become of this, and the Judge wanted to
know if the trustee had looked after 1t.
Mr.. Cosby explained that the trustee
was told 10 take an inventory the first
thing. and had not bothered about any
thing else.
Mr.. Burnett, cashier Of the First Ma
tional Bank, was sent for, and it was
shown that the money was drawn pre-
vious to the assignment.
AFFIDAvrrs, AGAIN.
The following aflidavits were then in
troduced:
Mr.. Oberdorfer II. II. Meyer sold
julius Meyer & Sons handkerchiefs from
l2( to % per cent. less than be paid
for them in New York without charges.
W. ID. Meyer: Mr.. Oberdorfer saw
handkerchiefs in his store IN October,
not in November. He asked where they
came from. and no (Meyer) told him
from IL. II. Meyer. MIR. Oberdorfer
had no objection to make the proceed
ing public. He (Meyer) thought he
paid the regular price for the goods,
and certainly gave all they were worth.
Judge Leake's Opinion.
Judge Leake ut once proceeded TO de-
liver the following oral opinion:
civil certainly appoint receiver asin-
timated by me to counsel last night. The
only doubt in my mind Is as to whether
Mr.. Whitlock should be appointed as one
of the receivers
This is not final hearing, but cause
for the appointment of a receiver has
been shown.
AFTIDAvFTs MADE on INFORMATION.
"There has been comment made by
counsel upon the fact that the aiiidavits
submitted contained great deal Of evil
deuce founded on information and be-
lief. This is natural in cr-pdrte pro- !
ceedings OF this character. People in |
possession Of information "a to frauds |
will not come forward voluntarily and |
testify. and there is noauthority to make !
them do so on application of this kind. |
When 1t comes down 10 final hearing |
the direct testimony may be had from
the witnesses themselves, who can be
cross-examined when dispositions are be-
ing taken and witnesses compelled to
testify under summons.
CAN PREFER.
ga man can obtsin goods fraudu-
lently and still prefer creditors.
Like Mr.. Mckinney, as stated by
him yesterday, have repeatedly in the
last fifteen years tried to get the Legisla-
ture to pass law prohibiting persons
IN trade from making preference deeds,
but the Legislature has declined to
make the change and the courts must
administer the law as 1t is. Upon the
final hearing Of the case, no matter how
fragrant the fraud on II. II. Meyers part
NAV appear, so far as obtaining goods was
concerned, the deed will have to stand
unless the creditors secured are shown to
have participated in the fraud.
ALL THEIR PROPERTY.
1.-THE plaintiffs in this case furnished
all the goods. The property now IN lti-
CATION was obtained from them. None
of it was furnished by any OF the credi-
tors of the three preferred classes with
the exception of perhaps two in the third
class. The deed is drawn upon the
hypothesis that there is sufficient to pay
ali preferred creditors and something
over. There must be enough or the
third class creditors would not be in
favor of sustaining the deed.
1T is thus Of no importance to the
preferred creditors who administers the
fund, while it is OF great import to the
others.
TRUSTEE AS RECEIVER.
Gas oil of the preferred creditors
have asked that Mr.. Whitlock be con-
tinued under existing circumstances, l
will treat it as a motion on their part
that he be appointed one OF the re-
ceiyers From testimonials produced
in this court believe Mr.. Whitlock 70
be man Of integrity, though l have
some slight doubts a. TO HIS capacity.
The preferred and unpreferred creditors
being about equal in interest, it is pro-
per that each class should be represented
IN the receivership. viii. therefore,
appoint Mr.. Whitlock aud another to
be nominated by the compliments re-
ceivers. But he must understand that
IL it is shown that lac gives his core
ceiver trouble will remove him at any
time. He must give everybody int.
rested an equal opportunity to ascer-
tain all facts connected with the af'
fairs Of the receiyership. Mr.. Whitlockr
il is true, has acted indiscreetly in tins
case, but think il was from lack OF ex
perience aud not intentional on hi'
part.
ABOUT THR BOND.
Counsel for compliments consulted
and in little while reported that they
had selected Mr.. w. Ii. Sands as re
ceiver on their part. The Court sale
that the choice was perfectly satisiac