The times. [volume] (Richmond, Va.) 1890-1903, 1890-11-15
DEED OF TRUST ATTACKED.
APP LEGATION FOR a WRIT OF
INJUNCTION

To Restrain the Trustee from Disposing of
the stock Of n. n. eyer and Asking the
Appointment of - Receiver to Take
Charge.
Messrs. Armstrong, Gator & Co., John H..
Leonard & Co., and others, through their
counsel, Messrs. William II. SANDS and D..
Aston Cabcll, yesterday in the Chancery
Court filed bill attaching the bill of as
signment Of Mr.. II. ii. Meyer, and made
application TO Judge W. j. Leake for an in
junction restraining the trustee Of III. IL.
Meyer from disposing Of the stock OF goods
at No. 1O7 east Broad street, and asked for
the appointment of receiver to take charge
of same.
Mr.. Never was the proprietor Of the Palais
Royal, and made an assignment few
days ago. His liabilities in the deed were
stated at $4,000.
Judge Leake issued an injunction re-
straining the trustee, Mr.. ID. Whitlock,
from acting i'm the matter, and appointed
Sheriff Gates as receiver OF the property, to
hold the same subject TO the order Of the
Court. He was also instructed 20 at once
take an inventor! vi the SUM.
FRAUD CHARGED.
The petitioners in the bill allege that Ii. III.
Never is indebted TO them, and being so in
debted, with intent to defraud them and
other creditors, made an assignment TO
Daniel WhtlOck, trustee, conveying all Of
his stock, as he alleges, for the purpose OF
securing certain creditors; that Meyer, with
intent TO defraud his creditors, on NOyem-
Der 18th made bill Of sale to his wife, Julia
A. Meyer.
The bill further alleges that Meyer, in eX-
ecuting the two aforementioned papers.
was but carrying out a scheme to defraud
bis creditors, formed some time since. as is
evidenced by the fact that Meyer has re-
Gently, through his purchases i'll Philadel-
phia, Baltimore, New York, and other
cities, largely increased his stock to an
amount largely in excess Of any OF his pre-
yiOus purchases thus increasing his STOCK,
as the petitioners are informed, 10 about
$4,000; that no sooner had Meyer received
| the goods so ordered when he Immediately
begun to retail the stock far below the orig
| inal cost, thus seeking TO convert the stock
into money and pocket the proceeds.
RELATIVES PREFERRED.
The petitioners further alleged that Mey-
| er. finding himself unable TO dispose OF the
1
money, even at the reduced rates at which
he was selling the goods, and in furtherance
of this plan on his part TO deiraud his credi-
| tors. executed the deed and bill Of sale here
| tOf0re mentioned, in which deed he pre-
ferred in favor Of Julius Meyer sons,
which firm is composed OF his father and
brothers, and the petitioners charge that If
any OF the $lO,970.62 preferred is due the
said Meyer Il Sons, it is only small part,
and they charge Meyer ~ Sons with being
parties to the fraud, and that they united
with ii. III. Meyer for the purpose OF de-
| fraudng his creditors.
They further allege that Meyer, previous
10 making the deed Of assignment, secretly
shipped from his store a large bulk of goods
that the security Of preference given in the
deed TO julius Meyer II Sons was without
consideration, fraudulent and old that the
preference in favor of julius &. Meyer is a
scheme to defraud his creditors, and a
device to secure pretended debt, which Is
wholly without consideration, etc.
The petitioners were required TO give
bond with security in the penalty Of $1,000
They are as follows: Armstrong, Gator n
Co., $JG2.17; John III. Leonard Co., $40;
| Sylvester, Bell n Co., New \ Ork, $JJl.SO;
Kann Sons 81 Co., 9S3.01; Witt, Beedler a.
Co., $47G.92; :. Baerlein, $222; II. ~ +.
FEEDER ~ Co., SG369j; Strawbridge ~ Cloth
Ter, $564.SS; ID. \. Lindsey, $2i5.Gj; II. NJ.
Peyser, S267.75; Doughtor, Wilkins ~ Co.,
$40; Robert Levy n Co., amount not
stated; o. Jale a Perkins, $413.71
a paper was filed with the bill marked
| exhibit A." 1t contains besides a sum-
mary of the allegations in the bill, state
ment that II. II. Meyer has long been in
solvent. 1t further charges that 80 large
has been the extent Of his recent purchases
! his clerks have been kept up night and day
receiving goods, and that those large pur-
chases were made, as they believe, with a
view Of providing fund FOR the payment OF
creditors who are preferred in his deed,
whose claims amount to $4,000.
| CASE CONTINUED.
The above, Of course, are the allegations
Of the plaintiff, and to them the defendant
has not yet had chance to reply. Ia the
court yesterday the trustee and the pre-
! ferred creditors moved for a hearing of the
question of a receiyership for this afternoon,
but this motion was resisted by the petition
ers filing the bill, and the time for a hearing
was postponed until the Dist.