The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-08-19
VALUABLE NOTES.
An Accounting Wanted
From the Bank.
ALSO FROM w. S. CHAPMAN.
A Suit Recalls Some of the Large
Transactions i'm Which Isaac
FriedIander Engaged.

d SHIT involving large sum of money
was commenced in the Superior Court
yesterday, when T. Carey Fredlander
nieu complaint against the Bank of
California and William S. Chapman for
an accounting of certain property be-
longing TO the late Isaac Friedlander
Ihe pialntln sues as executor of the
estate OF Isaac FrieGlander, who was a
merchant OF this city and had many finan-
claI transactions with the Bank of CALI
1ornla. According to the comnlaint-
Isaac Friedlander was on Sentamhar
1876, indebted to the Bank of Callfornia in
the sum of $500. 35S as, and William e
Chapman was indebted to the bank in tho
sum of $214.5 23 81. Neither of the partias
1t is claimed, was in a position to NV
these claims, aud so negotiations wera
arranged, whereby Friedlander executed
TENDER /. 1876. payable 40 the order of
William ). Chapman as follows, namely:
The first note for $4,000, payable JuIv
l, 1877, and bearing interest al 8 per cent
per annum; the second note for S35.OOO
payable October 1, 1877, at like interest;
the third note for $35, 900, payable July l,
1878. same interest; the fourth note for
1000. payable January 1, 1879: the fifth
note for SIS. O00 payable July l, 1879. same
interest; the sixth note for $685. 35S 46.
payable January 1. 1880. likewise bearing
interest at per cent, the six notes aggre-
eating the sum of $500, 358 46
1t was agreed between the parties that
Chapman hould indorse each of the notes
Is surety for Friedander. and deliver tho
same to the bank; and it is further claimed
that Chapman at the same time executed
SIX promlssory notes, payable to the order
Oh isaac frledlander, with per cent in
terest. five notes for $15,0O each, payable
July 1. 1877, October 1. 1877. July l, 1878,
January l. 1879. July l, 1879, and the sixth
note for S139.523 81, payable January 1,
1850; the SIX notes aggregating the sum of
$214. 523 81; and it was agreed that Fried
lander should lndorse these notes as SURETY
and hand them over to the bank. :.
The complaint further alleges that Fried
lander and Chapman secured the PAYMENT
of the twelve no es by assigning to the
bank certain real and personal property in
trust and security therefor; that convey
anceS were drawn up, Chapman assign
ing $40 acres Of land and 5000 shares in
the Pioneer Mining Company, and Fried
lander assigning two prOmlssOry notes Of
DTesbach q Co. for $4,000 each; and
q, $50 acres Of land in MERGED and Fresno
counties. The bank In return executed
deed of trust which was handed to Chan
man.
Friedlander failed in business In the
early part of April. 1877. and his credit
ors were pressing for payment and threat
ening to throw him into bankruptcy. so he
came to an agreement with Chapman with
regard TO the execution of the land trust,
and on May Il. 1877, the Bank of Califor-
MIA handed back to Friedlander the two.
Dresbach notes in consideration of $4,000
In gold coin and a note for $4,000 on
twelve months time. He then started TO
arrange matters with his creditors.
Isaac Friedlander died in July, 1878,
leaving his wife, Priscilla, sole executing
of his will, and it is claimed that IN max
ing an inventory of his estate knowledge
of the prom iSsorv notes and the security
given for them was withheld from her.
And 1t is stated that in August, 1879 Chap.
man, out of his own means, paid to the
bank his and Friedlander's joint indebt-
edness, receiving back the promissory
notes. But Frledlauder's widow knew
nothing of this.
1t is charged that when Mrs Friedlander
died 10 1892 he estate was not fully wound
up. and the duty devolved upon the plain
tiff. In May, 1898, Chapman told plaintiff
OF the whole trans action with the Bank of
California. Chapman will not give up the
notes, and says he has lien on the lands
and against the bank, and the bank has
hitherto refused an accounting.
wherefore. the plaintiff sues the
bank and Chapman for an account:
ing, on the ground that if the
lands were sold or managed by the
bank they would realize large sum over
and above all Indebtedness. In default of
plaintiff asks for $3.50. 600.