The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-23
A RECEIVER ASKED FOR.
The Merchants National Bank Brings
a Suit Against GREENWOOD,
Bohm & Co.
Asking the Court to Annul the
Assignment and Appoint a
Receiver.
Fraud Is Charged in Many Things Con-
nected With tho Flrm's Recent
Failure. g

"The Merchants National bnnk yersua
Isaac Greenwood ct al" ia the title Of a
suit brought in the district oourt yoster-
day. The complaint covers Quite a large
number OF type-written pages. In il the
bank alleges that the suit is brought on be-
half OF itself and other creditors OF Green
hood. Bohm d Co. On April 8 last the
bank secured Judgment against ths firm for
$3b,7Sl.38. and ten days later an execution
was issued, and returned unsatisied. The
complaint further alleges that after the
debt to the bank was contracted the firm
made Q pretended assignment to Max
Kahn, who has since collected from tho
assets over $4,000. The decd of assignment
mentioned "all the property OF the firm,
including $4,000 worth Of real estate in
Seattle. The bank claims the assignment
was void for wan of sufficient description
of the property. II further states that at
the time Of tho assignment the firm owned
$4,000 worth Of goods in New York city, no
reference to which was made in the deed.
At the date Of tho assignment, it ID alleged,
one %. Retail, Of New York, was a member
Of the firm, which carried on business
there az Greenwood a Bolm. md here as
GREENWOOD, BONN u Co.; and that Retail
did not assent to the consignment. Re
jail, it is claimed, had $45.OOO invested il
the hrm at the time OF the failure, but the
partnership owed him nothing; still, il Is
asserted, the assignment placed Retail in
the list Of preferred creditors for $45, 900.
This, the complaint claims, was done for
me purpose Of consuming the proceeds
from the sale OF the firms goods. The
Vn1 ra ne %hn ~1~Ia - ITaJ.-- .A a1
will not exceed 1886, 900. The firms 1ndebt-
edness is put at $2b0.000, including Rejall's
$4,000. Creditors are preferred for $145,-
600. including Rejall; 80 that, the com
plant states. the assets will not realize
over % per cent. Catherine Wuerst-
heimer. of New York. is preferred for So
5oo. The complaint says I've believe the
oopartnership owes her nothing and says
she is Ferdinand Bohm's mother-in-law.
One Col. Morse is preferred for 80 500,
which the bank claims is an individual
debt Of Isaac Greenwood. The same claim
- made IN regard to a debt of W. Q.
complaint G further alleges that a note for
$2.bO in favor Of IRnatz We'll, for two
years. was made BY the firm on Feb. last.
and secured BY a mortgage on two lots in
ne Story addition. h bank alleges that
this note is fictitious, and that the mort
50 Aa0o w CofoE up Valuable
property. Another complaint is that
We'll on Oct. 30, 1883, borrowed 10000
from the firm; that the note was paid Nov,
70. 1890; but that on Feb. / last We'll was
credited on the books Of the Fl, m with
%6,9W.2O, as an alleged balance due him.
On the contrary, the bank claims, that
amount was due by We'll for merchandise.
and the creditinR to him of the sum was
Tor the purpose Of ooncealing the fact that
Wei owed it, and SO that the firm might
collect it hereafter, and thus defraud The
bank and other creditors. The complaint
again charges that q large sum Of money
and quantities of goods have been con-
cealed and fraudclently removed for the
purpose Of d%efraudlng the creditors. and
that Kahn was a party to the transaction.
Kahn. it ia stated, is not now in posses
sion of the goods of the firm, all the prop
erty except the book accounts being in the
hands of the sheriff. The complaint saws
that if disposed of at forced sale, the goods
will be sacrificed, In conclusion, the court
is asked to declare the assignment to Kahn
that Kahn account for ali
property received by him; that the firm be
restrained by injunction from interfering
the property or proceeds except under
of the court; that tho banks
Judgment be satisfied out of the same, and
that a receiver be appointed to take charge
of all the property and sell it, collect the
assets and apply them to the satisfaction
of the Judgment.