New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-20
JUGGLED WITH ACCOUNTS.
A STATEMENT THAT E. B. BARTLETT
KEPT BACK LARGE SUMS OF MONEY.

AN ATTACHMENT AGAINST PETER MALLETr .
CO. IN FAVOR OF THE EMPIRE WAREHOUSE
COMPANY REVEALS A QUEER SYSTEM
OF DEFRAUDING CREDITORS.
The Sheriff yesterday received attachment for
sH.01S against Peter Maett, as surviving partner
OF Peter Mallett x Co.. warehousemen. OF No.
Hanover-st.. in favor Of the Empire Warehouse
Company. for money alleged to have been collected
by the firm acting agents OF the company
which turned over to the company. The
attachment was requested for fear that the firm
might make assignment.
Edward b. Bartlett. who died on May "A, was
the principal partner in the firm.
The Empire Warehouse Company has been In
liquidat ton for the last two years Mark w.
Maclay. treasurer OF the company. and Henry Z
Nesmth, jr auditor. state in afidavits that they
learned only within the last few days Of the facts
in regard to this money. Mr.. Maclay stated that
by an agreement of January ], 1888, the firm or
Peter Malett & Co. acted agents for the COM
pany in storing and warehousing cotton for vari-
Gus parties In the companys warehouses and
issuing in the name Of the firm warehouse receipts
therefor, and that they received the money solely
as agents Of the company. but did not pay It to
the company. Mr.. Macay further averred that he
has learned that the firm kept no record OF this
money in the ordinary and customary book Of the
firm, the cash book, and it was not contained In
which was given by the firm to the company. but
the money so received kept by E. b. Bartlett,
SO that IL could not be discovered by the firms
creditors. Auditor Nesmith in his affidavit stated
that the Information in respect to the failure to re-
port In the monthly statements the moneys re-
ceived by the firm, and the Juggling with the 40
counts of the firm has been learned through tho
admissions OF a bookkeeper employed by the firm
who became acquainted with the methods and
has been enabled to produce list OF the items
disposed OF.
Mr. Nesmith also alleged that &sl4 was assigned.
disposed Of or secreted by the defendants to the
disadvantage OF their creditors, and that Mr.. Bart
lett kept from the company the proceeds OF the
transactions that the same could not be found
by the creditors OF Peter Mallett Co., and has
also taken this property from the firms assets
The affairs of the two firms Of f. g. Bartlett q
Co and Peter Malle;t & Co. were so closely ana
almost inextricably commingled that the assets OF
leves disposed OF to the advantage of f. b. Bart
lett &c Co. as against the creditors OF Peter Mallett
d co.
Robert NJ. Dickinson. the bookkeeper. gave long
account OF the details Of the firms way Of doing
ments OF moneys collected by the firm as fees for
storage of cotton were made to the company; the
cash books were also turned over to the auditor.
book se so there was e Nothing to disclose on
held The amounts collected did. however, appear
in the check books. but were omitted in the
with the handbook by crediting f. b. BARTLETT 81
Co with sufficient amount 70 cover the coffee
which these moneys were not paid over to the
company runs from September L. 1877, 70 Decemoer
O. 1885, and the bookkeeper found the dehciency To-
Appended to the complaint is list Of the parties
were not paid over to the Empire Warehouse COM
pany ,. - , y
Mallett an employee OF the frm who has acted as
general manager Of the office at No. Hanover-st