The leader., 1899-11-29
AN INTERESTING CASE IN THE CIR
CUT COURT.

- " "
CUT COURT.
At the May term of the Circuit
Court, 1895, Joseph Bowling & Co. of
New Orleans, recovered judgment
against ]. w. Tyler, who had been prior
to that time engaged i'm the mercantile
business in Bogue Chitto. for the sum
of S477. There were other judgments
ahead of this one and all of Tyler's
property was consumed in the payment
of these. The Bowling Judgment re-
manned upon the judgment roll. also
judgments in favor of d. NJ Wells &
Co, of Chicago. Louis Pfister and the
Planters Fertilizer Mfg Co. of New
Orleans. in all aggregating about 5000
Some time in the early part of Sep
tember of this year the trustee in
charge of the c. J. S. Mccoy bankrupt
cy stock at Bogue Chltto sold it. and
Tyler was found in the store doing
business. There was no sign or other
device to indicate to the public to
whom the goods belonged. and to all
appearances Tyler was the owner Ex-
ecutions were issued on the judgments
and the sheriff levied upon the stock
of goods i'll charge of Tyler. and B. Z.
Brister a Co. of Bogue Chitto, claimed
the goods. These cases were set for
trial for the first Tuesday of the No
vember term. but before that day ar
rived Tyler filed a petition in bank
ruptcy. scheduling his liabilities at
about 5000. and his assets at nothing,
and a notice of that fact was certified to
the clerk of the Circuit Court by the
clerk of the Bankrupt Court, and un-
der section II of the bankruptcy act
Tylers attorney made a motion in the
Circuit Court to suspend the proceed
ings until the bankruptcy of Tyler and
his right to be discharged from his
debts could be adjudicated. Judge
Powell would not suspend the proceed
ings, but set the case for later day of
the term. the third Tuesday, he being
of the opinion that the Circuit Court
of the State had jurisdiction to try the
cause and the notice filed was not sufii-
cient to stop the wheels of the State
court, but he passed the case so that
trustee might be appointed to take the
place of Tyler.
In the mean time an injunction writ
was served upon the attorneys for the
creditors restraining them from fur
ther proceeding, which writ was issued
by Judge Niles. but they forwarded
petition to Judge Niles setting up the
facts and claiming that these several
moves were made for delay and that
such delay would materially injure
the prospects of a speedy collection of
the debts, and asking that the injunc
tion be modified so that the question
of the liability of the property levied
upon could be settled In the Circuit
Court here. Other dilatory pleas were
inteIposed, but the case finally came
to trial and consumed the whole of last
week, ending on the last day of the
court in a verdict for the plaintiff in
execution, Bowling Il Co.
The costs in the case will probably
run up to $500, and if the other three
cases, which were continued, are tried
at the next term, the costs will run up
to the same figure, in all probability.
The question involved was not
whether B. E. Brister d Co. owned the
property, but whether the goods were
liable under Section 1924 of the statute
of frauds, which provides that if any
person shall do business as trader or
otherwise, in his own name, or in his
own name with the words added of
agent" "& Co." or "& Company and
fails to disclose the name of his prin-
clpal or partner by sign in words
easy to be read, placed conspicuously
at the place where such business shall
be transacted all the property used
and acquired in such business shall be
liable to his debts. The question was
whether Tyler transacted the business
and the jury in its verdict decided that
he did and that he did not disclose the
name of his principal.
The matter of Tyler's bankruptcy
proceeding will in all probability com
plicate things somewhat. 1t is prob
able that it will involve the balance of
the Mccoy stock, as under the rulings
of the court all of it would be liable
for Tyler's debts. The case will be fol
lowed with interest, as it involves sew
eral nice questions of law and the pro
ceedings in the bankruptcy court will
in all probability result in another
controversy over the balance of the
stock. If the balance of the Mccoy
stock cannot be brought into that
court. then there will be a lively fight
in that court amongst the creditors
over the proceeds of the goods levied
upon. If the goods are brought into
the court they will pay all of Tyler's
debts and he will find that he was mis-
taken in thinking he was a bankrupt.
Messrs. Cassidy Il Cassidy represent