The morning call., 1892-03-31
NEWMAN & LEVINSON.
Fraud Charged Against the Surviving
Members of the Firm.

Fraud Charged Against the Surviving
Members Of the Firm.
horace W. Philbrook, as the attorney for
James ". Goodwin. administrator of the
estate of john Levinson. has filed a CON-
plant against William j. and Benjamin
Newman, asking for the appointment of
receiver to collect all the outstanding debts
of the firm Of Newman & Levinson and for
the general relief asked in such cases.
Levinson died On February &c 1890 and by
his will ). w. Raveley became executor of
the estate. He resigned and the plaintiff
succeeded. The defendants were copartners
with Levinson in the firm established July
1, 1881.
The good will OF this business was valued
at S250.000, but in the course of the partner
ship it is claimed that other personal prop
erty of the value of 100000 was accumu-
lated. The defendants took possession of
everything after Levinson's death ana have
never made any settlement though demands
for one have often been made. An allie. a.
ton Of the complaint is that during the ex-
lstence OF the partnership Levinson was
sufferer from nervous and mental disease,
which so affected him as 10 incapacitats
him from inspecting or experimenting the
books OF the concern-in fact, he was much
Of the time In Europe seeking medical treat
ment. and IL is charged that the books were
telIigible the true condition of affairs and to
cheat Levinson aud his estate out of bis or
its share.
In support of these allegations the admin
istrator AYERS that 1t has been pretended
ever since Levinson's death that the firms
Indebtedness was sia2, $50 So, whereas it
did not exceed Sill, $50 Sc: that the solvent
accounts were only S23 902 g. whereas they
were S3O,S22 80; that the stock In trade was
Of value only OF S194. i41 40. whereas it
much exceeded S20s.754 10; that the net
earnings for the year ending June "a. 1889,
were only S3l. Az GA, whereas they were
S44, 956 % and that the net earnings during
the eight months preceding the death were
only S5927 o. whereas they were at least
$40, $50 SO.
1t is charged that the defendants have
made many false and fraudulent entries
and charges in the books and have made
collections which they have not accounted
for but have appropriated TO their own use.
They have even insisted that the good will
OF the business was a. the time of the death
Of no value, but even If it were that the
estate has no right to share In it; and
although Judge Coffey held otherwise. yet
they have refused 10 let the administrator
examine the books and now claim the abso-
lutte and exclusive ownership OF all the
assets of the partnership and tue business
thereof.
1t is feared that the estate will never have
its just dues, nor the legatees their shares and
that the partnership cannot be settled with
out the interpostionand control and compul-
sion of the court sitting as court Of equity
and taking an account Of the assets and
business Of the partnership ascertained from
all the books. vouchers and memoranda and
the testimony OF the b0okkeepers given I'M
der oath: also that unless these books,
papers, property, assets. ETC.. are taken out
of the hands Of the defendants and super
vsed by the court there is imminent danger
that the various interests will be entirely
lost.
Judge Trout appointed John p. Shelby
receiver under S30, 900 bonds.