The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-06-20
NEUTRALITY-SUSPICIOUS.
, EitIfi-ER appointed FIR 7HE
,isSELL PUBLISHING CoNp4SY.l

All 'aNlts were PRESENTED yesterday TO Judge
Lawrence OF 40 Supreme Court reciting that
Cscar w. Dunhim OF 1IO Vest Fifty-seventh
.,roct President OF tho Cassell Publishing
roprapy, at lO4-6 Fourth avenue, has Quilted
tho company and has not beed seen since
THURSDAY last. Judge Lawrence appointed
Henry j. Brnker receiver OF the company,
and fixed his bond at 100000.
Tho appointment was made in nm action
brought by Vice. President Hezekiah S. Ar
cher as q stDckholdor to compel Durham Ito
account for his official misconduct in the
management and disposition Of the funds and
property Of the Company"
Tho company was organized. chiefly through
the iustrumcntality Of Dunham. In 1880 to
prjnt and Sol. books. 1t was capitalized for
S@JOOOO. 1t purchased on its organization
the American plant and business OF Cassell K
Company, Limited an English corporation,
and paid with S33O.UO0 cash. Durham had
for several years before been the manager on
this country OF Cassell 4 Company. Durham
took $40. 900 OF the stock Of tho new compa-
n.y. aud in order to pay for 1t. as Archer al
leees he borrowed large sums OF money in
short time. and as such loans matured "he
met them by fraudulently making and sign
ing in the name OF tho corporation it's
promissory notes. which no discounted. and
applied the proceeds thereof to the paym ont
OF his own individual debts incurred Us afore-
said aud from time to time. until the present
time has continued to renew such fraudulent
notes or take up the same by using other
similar fraudulent notes OF the defendant
CORPORATION"
Mr.. Archer. continuing. AYERS:
oscar NJ. Dunbar. bas also ever since the organize
ton of said defendant corporation fraudulently used
Its crsd for his own purposes by dscounting its com
meFGtM paper and using tho pr0oseds thersofto pay
In add ton to regular promtssory note, book kept
by tue Treasurer of the corporation in which the egit
STsa an. the pr9rs5 GSns sIT5Ya
2
nHs o, SAD sor m or used BY
a:orssaI wero entered. SAID frandu!ent notes
81 I s
dtsnasnt "ss iTaudS!enty using M credit OF sa
eSnseasi lie inowsdss Of ali Of The desrs n d.
dG.S than v waiter .' wassN
Archer says he lrst EGt his inorpaton q
tho day after bnnham had Been at his oti Rc,;
ioT the last time. Archer SAY SAYS that Magsta6 tai
Of these notes OF Durham In the hands OF bona
Except Tor the defalcations Of Durham. says
eopaay tn a no
The as mo
II Is averred. to meet these notes or pay ON
pioyees. and Its credit has been destroyed by
Archer has $50, shares OF stock, in the com.
S t dase s pnd shat owe
H440.s4 more on II book account. Regular
diyidendS have been paid at ten per cent The
the preyoEs twelve months Of s3g.4sl. 4.
Boardman & Platt. counsel for Archer says
that on Saturday he went with Archer to the
Durham. Platt and Wasstalf exam?nsd The 70
private note book. and found tina, thirty-four
since Jan i last. They ali fail due between
Ssher notes for s. each are refsrred to in
the, motto book. dated April 20 and % last:
to s{ hey
signed In behalf OF the CORPORATION. None OF
u % Rts0d If the
notes: continues Plat. wereGiven BY Durham
note so G9p pEe 6usi
Sat TIC Psaeeeds do not figure in tho regular
Plat found in the safe what appeared to be
f%S esanss sheets for weys months ending
S,h az s1 ipss{s9dif sna IN IN
WAS sss ae
an increase Of 5000 appearing therefore on
Treasurer Wasstaff what the the two A balance c
sheets m cant. and no replied:
balance for RsaaT to snSw The
tam further discounts. 1.-THE true balance sheet had
Gaa fs
AMOUNT than that ' Tnerefor e' 4 was neesssa to M
the ,%oan Of , in the S4apSs ,n:ss
Therefore ordered SEQ 900 10 Be added a5bi.Taryto
S..doas sna sSs Is.s saans; shsst was assd tcs
lin
Mr.: Plat gives the following instance of
the use Of the eomp%sn PANS credit by i Dan-
from D. T. Luther Of Atlanta, Ca. customer.
s stsG r. four 1ne
and the other being OF the same date for
10y payable In Ave months. Durham d.
b IN he TO boo
and i did not ts %assa +" wa t he did
John W; Chapman. the note, broker at 81.
Nassau street, said that, on the strength Of
Of the notes Himself. and was conseauently a
creditor q ne c0mpany to 60 e2nmsi,hera6e
day Dg2ham is said to havelelt town, Thurs
d gay. NJ, CHAPMAN has done business for the
ss tho Durham notes We're We're Apparently Regular
\. every way, bearing the signature Of the
treasurer as well as the President, he got them
Fletcher, ChGpman's counsel. said yesterday
that 1000 Of assets had been found In New
eS$sato Of SOU ooG Ho did not thnk tho
TS a and SafGf ILL., Wassta %as e @
the might be larger.
treasurer Wagstaff snid:
have nothing to say but what Ia in the |
SSa az alat always considered that Durham
AT Dunham's house. $40 West Fifty seventh
Mreet, n servant said. with trace OF a smile. |
.ns. me did not know when Mr.. Durham
w49nid be IN. She said Mrs Durham was out.
Inc business seemed to he going on as
usual yesterday afternoon.
IN an action OF Archer to recover from Dun
Eam $4,000 on an individual note given May
~ a., iS'D BY Du1hnm TO, Archer. payable in
JEW JEW, 'nomlms,, justice Lawrence yesterday
erty OF Dunhlm in this state.
DoSh EULALIi CO.'S 10 SEUpORr