The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-05
Joseph Shain's Elk. Employees
Tell Their Side Of
the Story.
THE COLLECTORS HEAVY DEBTS.
He Feared the Attorneys for the
Schulken Estate-Pressed by
His Creditors.

The legal battle between Joseph shain
and Messrs. c. A. Curtin and C. ". Beals,
who succeeded to the business of the we'll
known collector, promises TO be lively
one if the allegations of the defendants are
proven. Shain, after becoming very much
involved financially, left the City suddenly
in June last.
Curtin and Beals were employees of his,
and proceeded to carry on his business and
settle the affairs of the concern to the best
OF their ability. On Shain's return he de-
clared his intention OF resuming the bust
ness, but Curtin and Beals declined to give
up the Office, alleging that Shain had as
signed his business TO them and that they
were the sole proprietors OF the agency.
Recently Shain began suit for S15,0
damages, an accounting, and to recover
possession OF his office fixtures and &C
counts. He alleged that Curtin and Beals
were simply acting as his agents, and had
no real interest in the business.
Up to the present neither Curtin nor
Beals has made any explanation OF the
matters mentioned by Shain in his COM
plant, but, being charged with fraud
ulently Withholding his business from
Shain, Curtin yesterday made the follow
Ing statement:
During the months of May and June last it
became evident to myself and to Mr. BeaIs
that Mr.. Shain was involved. In the begin
ming OF June aseertained that large sum OF
money, over $1,000. which had been passed
through the books during the previous month
and had helped 10 satisfy the most clamorous
or his creditors, was money that had been col
lected by Mr.. Shain on account OF gentleman
resident in this City, which amount Mr. Shain
vas absolutely unable to repay. During the
hrsf three weeks OF the month OF June Mr..
Shein was ab-ent from his Office, lodging his
creditors. Toward the end OF the month an
arrangement was arrived at by Mr. Shan. Mr.
Beals and myself whereby he agreed TO leave
to Us the Strengthening out OF his affairs, and
promised 10 absent himself from The City for
three months, we all thinking that MI Beals
and myself could probably make better set
tlement for him in his absence than he could
90 personally ii present, to say nothing OF the
faet that he was daily in danger OF arrest.
insisted on my part that Mr.. Shain should
execute in my favor power OF attorney, ire
vocable for one year: should transfer all his
agreed TO endeavor to settle with his creditors
so that at the end OF three months he could
return and resume his business.
After the execution Of the power OF attorney
ana the transfer OF the assets in question Mr.
shain left the City and stayed away about six
weeks. During his absence settled with some
OF his most pressing creditors and made as
thorough an examination into his affairs as
the time at my disposal permitted; the result
OF which investigation was that I ascertafned
that so far from Shain owing only $4,000 his
liabilities ran up to over $50, 900, and so far
from his assets being OF the value represented
to me, they were not worth more than half
that value.
Matters progressed smoothly enough until
steps were taken by the attorneys for the credit
ors in the matter of the estate OF Julius Schulz
KEN in which estate Shain was the assignee
to compel him to account for the money col
lected by him. Sh.in's failure 10 account for
the money handled in this matter created q
great deal OF comment and was ventilated in
the papers. He was subsequently removed
from the assigneeship, and he looked upon
these Schulken creditors as his most danger
Gus ones.
In his anxiety to secure them he implored
me TO dispose OF certain Claims, in which he
had only contingent interest, and would have
sacrificed his other creditors and disposed OF
what he did not own, had acted on his en-
treaties.
The discovery of the extent OF Mr. shain's
liabilities and OF the meagernesS OF his assets
showed US that il was absolutely impossible to
extricste him so that he could continue in
business IN accordance with the programme
which had been laid down between US Mr.
Shain, contrary 10 his promise 10 absent him
self three months, returned TO the City secretly
about the beginning of August, when Mr.
BealS and myself had many and various inter
views with him, the result of which was that
we informed him that we could not work for
him any longer; that all We could do was TO
endeayor TO save him from arrest and wind ND
his AFFAIRS and pay the moneys received there
from 10 his creditors, and that we should start
In business on our own account as new part
nership, in ell OF which he acquieseed.
When in August, 1895, IL became apparent
that there was nothing further we could
do for him, we explained TO him that we would
be obliged to give the matter up as it was i'm
possible 10 extricate him and as the worry on
US was intense. He then Transferred the con-
tents OF the office 10 Mr. Beals and admitted
that he had no further interest in the Tror-
erty. Since the transfer OF said property to
Mr. BealS have heard from Shein & le y times
out Tor some three months l have not seen nor
heard OF him until the 31st ult, when he
called and made demand that I surrender 10
him his books papers and other property con-
tanned IN our office, and also demanded an &C.
mand, except as 10 give him an accounting,
which Will do, as I consider he IS entitled TO
this, but nothing more. l consider his credi-
tors have some voice in his affairs and until
am compelled TO by order OF the court l will
not deliver up his books.
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