The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-07-28
AN CASE.
A Little Game of Who Has the But
ton Now.

tional Bank recently instituted suit
against E. M. Weyer & Co., ]. ].
GIFTS & Co., Jaffa, Prayer & Co., ]. j.
others, whereby the plaintiff attacks
the sale of the stock of goods here
GIFTS & Co. to Jaffa, Prayer & Co., Up
on the ground that it. was invalid, not
only under the insolvency law of
this Territory, but under the common
law. In due time service was had
on all of the defendants and the case
was set down for hearing on last
Wednesday on motion of plaintiff for
a receiver for the stock of goods now
in the possession of Jaffa, Prayer &
Co.
Up until Thursday night only two
witnesses had testified in the main
issue as raised by the motion for a
receiver. Mrs. Lettie E. GIFTS was n
of the witnesses, and in substance ties
titled that Jaffa, Prayer & Co. bought
the stock of goods in question at 55c
on the dollar, and the same was paid
for by a check of $4,000, that sum be
ing agreed upon as the purchase price
of said goods. But the case turned
upon another matter that was indeed
quite interesting. 1t developed in the
examination of Mrs. GIFTS that she
then had on her person $4,000 of the
$4,000 paid to her for the stock of
goods. At the incoming of the court
at two o'clock, Mr.. Bateman filed a
motion asking that either a receiver
be appointed to take charge of the
money held by Mrs. GIFTS, or that a
writ of injunction issue enjoining her
from disposing of it until the further
order of the court, and he also prayed
ainst Mrs. GIFTS, the object of which
being to have her placed under o
to remain in the jurisdiction of the
court pending the hearing of the is
sues involved in the case. Judge Pope
Immediately granted an order enjoin-
ing Mrs. GIFTS from disposing of the
money and also directed that The
writ Of me exeat" issue, and in oral
ly announcing the order he also in
formed Mrs. GIFTS that if any DISPOSE
ton were made of the money some
one would go to Jail, w~hereupon Mrs.
GIFTS announced to the court that she
did not have at that time any of The
in substance testified that since the
adjournment at noon she had deliver
]. GIFTS. Mr.. GIFTS was Immediately
placed on the stand and was interro-
gated as to the ~whereabout of the
much-desired and a%nxiously sought
for $4,000. 1t developed from Mr..
GIFTS testimony that shortly after the
money had been turned over to him
by his wife he had turned it over to
one F. E. Dandurand, an old a~cquain-
lance, to whom he claimed to be in
/ debted in the sum of $4,000, as evil
denced by two promissory notes made
Dandurand. Mr.. GIFTS could not re
member the dates of the notes, bur
was of the opinion that each of them
bore interest at the rate of six or sev
en- per cent, and that one of them
was for $4,000 and the other for $500.
1t developed that the notes had beer
torn up Immediately upon the pay
ment of the money to Mr.. Dandurand.
Mr.. Dandurand was then placed on
the stan by the plaintiffs attorney
and in substance testified that Mr.
GIFTS had paid him So, 900 due him by
two notes made, however, by j.. J
GIFTS. Mr.. Dandurand claimed thai
both of the notes drew interest at 1C
per cent, and that one was for $4,000
and the other for $1,000.
Al this stage of the hearing such
proceeding was had that Judge Pops
issued an order requiring Mr.. Dandu