Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-02-07

! following transaction: When Mr.. W. NJ
| Beriug of Wichita, Kan, purchased his
! holdings in the Fort Worth land company
| he borrowed from the Merchants national
bank about $500, for which he gave as Sc
curity the name of Mir. II. E. Lee of Wich-
tia, Kan, who was represented to the bank
by 4 bank in Wichita, Kan, as being 4
man of large means, and his Endorsement
was considered good. Mr.. Berlng, for the
last twelve months or longer, continually
thereon for the time of renewal himself.
The bank finally brought suit against
Boring on the notes in the district court OF
Tarrant county. He fled a sworn answer
by affidavit in the case that the notes were
not his, but those of the land company.
The court, however, refused to recognize
said affidavit and gave the bank Judgment
against him for the debt, costs and at
torney'S fees. In addition to Lees name
on the note Boring put up his stock in the
land company, which was issued in his
name as collateral to the note, as the money
from this note paid for his stock that he
purchased III the company. 1t now seems
that Mr.. Chase transferred to Mr.. Boring,
an employee of the Fort Worth land COM
pany, about So, 600 of vendors lien notes,
$50 900 of which notes Boring traded to
James B. Simpson of Dallas for a stock of
carriages, buggies and wagons, Simpson
agreeing when the notes were paid to re-
trade
This information I get from R. G. Dun &
Co.'S report sent around daily TO their sub
scribers. Now come the creditors of Simp-
son and ask that receiver be appointed
and put in charge of the goods sold Bering
Pending trial of the case was informed BY
Mr.. Bering that he called on Simpson to
cancel the trade and have the notes re-
turned, fearing that a receiver would be
appointed. This Simpson declined TO do,
holding that he had right to make the
trade and that the court would sustain it,
but that he was willing TO put the notes in
the hands Of third party to hold until the
question of receivership was settled. This
was done, so Mr.. Boring told Mr.. Luckett
and myself. The court denied the re-
ownership, Mr.. Boring was put in posses
sion of the goods and l presume Mr.. Simp-
son took the notes out of the third party's
hands. This did not satisfy the cred
itors of Simpson who had sold MIN the
goods, which he sold to Boring, and they
attached for $4,000 in the United States
court. This took the goods again out of
Behring'S possession and placed them in the
hands of the United States marshal. Now
comes Mr.. Bering and makes an affidavit
that the goods belong to him and files a
claim bond with the United States marshal
which is accepted and Boring is again put
in possession of the goods.
During all this time the $500 note of
Behring'S to the Merchants national is IN
paid, although he is buying a $50, 900 stock of
goods from Simpson, and Bering repeatedly
told me he could not pay his note held by
the bank unless the Riverside deal was
success to enable him to sell a portion of
his stock to pay it OF. The bank through
its attorneys, Wynne, Mozart & Booty
filed suit against Mr.. Boring and get a
judgment. They find Boring has nothing
in this county subject to execution save his
worthless land company stock, but he is the
owner of very large establishment in the
city OF Dallas for which he paid $50, 600 in
cash or its equivalent, and as the law re-
quires twenty days to pass after iudg-
ment before execution issues, but provides
form Of affidavit to be
made to obtain execution sooner
our attorneys prepared said affidavit, pre-
scented it to Mr.. Luckett, our president,
which he signed. They then forwarded it
10 the sheriff of Dallas county, who levied
it upon $500 Of Mr.. Behring'S goods. We
merely wanted to collect our debt of 1880,
interest, costs and attorneys fees, for
which the court had given US Judgment.
For this affidavit Mr.. Luckett IS charged
with perjury, but he promptly gave the
bond and will be present on Tuesday morn
ing TO answer to the charge. Until then l
would ask the public to consider well the
man charged with perjury and the man
bringing the charge. You can add that the
Merchants national bank, we think, has
collected $500 doubtful debt, and the
debtor has taken this method for revenge"