The times. [volume] (Richmond, Va.) 1890-1903, 1890-11-22
II THE CHANCERY COURT.
n. n. MEYERS DEED or ASSIGN
MENT.


Paiais Royai-A Number of Depo"-
t,ons Read-Assignment of Mr.. W. X
Quaries.
The case OF Armstrong, Gator & Co. ana
stkers against NJ. III. Meyer and others was
peard in the Chancery Court yesterday
From 10 O'Clock until q in the afternoon
With the exception OF one hour for dinner
depositlons were read and argument heard
affidavit was filed upon affidavit, evidence
mon evidence. and reminded many IN the
courtroom a. they looked at the papers III
The case OF the celebrated cause oil bet'ie
llomas Lewis.
Nearly half Of the legal fraternity was
uesent. and many~participated IN inc pio.
0edings. TO the mass OF evidence W.
added an accumulation OF law DoVNe .,ia
.onia Reports. Grattan's, and other ceIe
ated anthoritics-and IL made the TWO
tables which have sat for years IN the mo
s,la of the room almost gTOan win the
~eight OF knowledge. Many OF the he
new merchants OF the city were also at
tndants on the proceedings, ana iisteheu u
The proceedings with interest.
4, was shortly after 10 O'Clock when Judge
" Leake assembled the bench. ana
Sheriff Cafes raped for order. After rOu-
tine business had been disposed Oh, whal
viii 20 down into poster'ty as The meyer
case" was called.
THE COUNSEL. -
The plaintiffs counsel are Messrs: W H.
sands. j. Aston Cabel, John IlchIeu'
Sss,ar and Montague and Captain Pegram.
Ine Attendants counsel are W. W. COSBY,
.,r.. Esq, Judge a. l.. Holiday and hr'
Samuel Proskauer. To those can be III
Guided Mr.. r. II. Mcclure, who represents
,Inlius Never and Sons, and Mr.. W. IL. NC
kinney. of Petersburg. who represents the
creditors II The third class.
AREsUME.
The case came up yesterday on an III
function which was granted some days ago
{yJudge Ieake. and a motion for a receiver.
'lbe history of the case Is thus iar as loi-
lows. II. III. Never, owner OF the "ialais
noyalv III east Broad street, made deco
at assignment 20 Daniel WhitOck. LaDili-
Ties were stated 70 be about SIO,0O. In ihe
deed the preferred creditors were Julius
Never a sons and Julia n. meyer, vic
Of ii. III. Never. The next day a Dill was
.iled in the court by Armstrong, Gator
a Co. attacking the bill. Through
fbeir counsel, an injunction was received
from Judge Leake restraining Danlel III,
lock from acting as trustee. ne couhsei
also made a motion that receiver DC APP
poin;ed. alleging that Whiu0ck was not
QoTSDn 10 NuilibiHtti ihN l'i''
81 the deed he being a personal iriend OF ~:
n. Never. and would be, therefore, partial
Judge Leake granted the injunction, and
mt TIE Sheriff of the city in possession Oh
The store.
DISPOSITIONS SUBMITTED.
The first move made yesterday by the
plaintitfs' counsel was the submitting OF
dispositions, which gave much testimony
Some ofthe salient points submitted were
Hewett Warner a Co, OF philadelphia al
legss that II. II. Meyer bought goods IRON
them within the last month amounting 10
Sq53. ~. and that the goods were purchased
,yithout any intention of paying or them.
r. $. Jeffrey Il Co. submit a letter writ
Ten by Meyer August j, 1890. Inc lettik
states that on February last the accounts VI
HI. Meyer was stated by him 10 De:
Stocks and fixtures at inventory at that
fine. So. 900: good accounts, $1,000; total,
SAG 600; due for borrowed money, $1,000; due
ON open accounts, s., 600; total. $l3.OW.
Richard Evans, porter OF Meyers store,
alleges that during the week commencing
November 10, 1890, assisted in loading a
wagon of goods, which were delivered 10
Cohen Company, much of these being car
nets. He further alleges that he frequent
iy carried packages and bundles TO julius
Meyer a Sons.
II. A. Carter, driver Of wagon, alleges
that during the three weeks previous to the
assignment he hauled several loads OIL
goods of Cohen Company.
Frank Gayle, engaged by Cohen company
as clerk, alleges that about the 9th OF No
yember he received from ii. II. Meyer
large quantity of carpets-about eight nun
dred yards.
MR.. NJ. Macon alleges that Meyer re-
fused 10 surrender the store 10 him, ana
that IL was amazed at the beauty ana
value Of property"
/ &. Rolling. who works for Kain, next
door to Cohen Company's store, alleges that
he has seen loads of merchandise received
from II. II. Meyers store, and that the re-
ceving of these goods continued for several
days.
An affidavit from certain clerks who
were in the employ of II. ii. Never, who
have now been employed by julius Meyer
a Sons. ,,,
Mr.. Thomas J. Spencer alleges that 81
have been in charge Of the store OF IL. IL.
Never since the sheriff took possession,
and / noticed that few carpets were IN the
stock"
Many other afidayits and dispositions
were submitted among them two which
alleged tina, II. II. Meyer offered TO the firm
of Thalhimor Brothers and Held y Ihalhl-
mer cases Of goods just before he failed,
and that they refused TO buy the goods.
This evidence was not submitted as evil
dence in the cause, but on the motion for
receiver Whether it will be used when
the case comes up on lis hearing Is not
known. Much evidence was accepted by
counsel for the defense which was not
read, the attorneys agreeing to dispense
with the reading Of some OF 1t.
SOME ANSWERS.
The next move made was the submitting
OF answers by the defendants counsel TO
the charges IN the Plaintiffs bill. 4 sepa-
rate answer was read from Mrs. Julia G..
Never, which stated that the plaintiffs bill
was not sufficient in the law, and that, re-
ferring 10 the articles of household iurni-
ture referred TO In the bill, the respondent
says that she paid Henry ii. Meyer good
and valuable consideration at the time o.
said purchase.
Mr.. Daniel Whitlock, through his counsel.
also presented an answer denying the allie
cations in the plaintiffs bill. Ii was a
denying OF all the charges OF fraud against
him.
An affidavit was also read from Mr.. H.
II. Meyer, in which II was stated tnat Wnen
Daniel Whitlock as trustee began 10 take
an inventory Of the store on November IA,
1890. he went 10 the store; that when Mr..
Macon, deputy sheriff, arrived, your re-
spondent was thrown into great excite
ment, and that he did not really appreciate
what he either said or did,
lnis uepoSi'iVh was ou",i'.'ON ~ ""'
TO the contempt case, which is now in the
court against Meyer. The latter, when Mr..
Macon attempted to take possession Of the
store, refused 10 allow him to do so, but at
forwards. through the advice of his eoun-
eel. the deputy sheriff was allowed to take
possession.
An deposition from Mr. Samuel Pros
kauer alleging that the selection OF the
trustee (Whitlock) was made by him, and
that be iWhitlOck) did not know OF the deed
until after IL had been acknowledged.
An affidavit was read from number Of
citizens certifying TO the character OF Dan
Tel whitlock as being reputable and up
right citizen. Among the signatures were
Messrs. j. b. Pace, William l-ovenstein,