The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-07
A WANDERING $4,000 CHECK
CREATES ODD STATE OF AFFAIRS
IN A BANKRUPTCY CASE.
Ono Of Three Partners Got II. Csshed Il
and From mat Vantage Began to
DECKER To Get Out % the Ffrm-Court
order brings Him night About Face.

ORDER brings Him night About Face.
proceedings was the bringing Of Solomon
Toube before Judge Housh In the United
States District Court yesterday to furnish
$4,000 bail for his appearance at the time
Of the examination OF Levi Il Picard, alleged
b~ankrupts.
Toube, who, his partners say, came
originally from Tennessee, but who himself
says he has resided in New York city for
the last thirty years. was admitted last
February into partnership in the firm OF
Levi q Picard. clothing manufacturers, at
40 Lafayette street. He contributed as
his share Of the capital tIl 5000 and later,
according to his own statement, put in
some 5000 additional, the partnership
agreement stating that he was 70 receive
one-third Of any profits, as well a 70 Shout
der one-third Of any Losses.
The business did not seem to prosper,
however, and Nose j. Levi and Samuel
Picard, the original partners, invited Mr..
Toube 10 withdraw. He agreed to do 20,
providing he got 5000 and a personal
decentralization against any loeses sustained
by the firm or any claims that might be
made against It. This the two other part
ners declined TO do. Mr.. Toube refused to
accept their offer Of 5000.
On the morning Of August "a Mr.. Toube
got to the firms place Of business earlier
than his two partners and In the mail found
a check for tl1, 794. 1e, signed by d. Mercief's
Sons OF New Orleans. He said nothing TO
either Of his partners about the check.
They learned that the check had been
sent and asked him for II. He refused to
hand It over and negotiations for a settleA
ment were again begun by Max j. Steuer,
counsel for Messrs. Levi and Picard and
Reuben Cohen, representing Mr.. Toubc.
Meanwhile the check had been dashed.
Yesterday Pfternoon, when Mr.. Toube
turned up with his counsel at the ofice
Of MI. Steuer TO see II some agreement
could not be reached whereby he should
Withdraw from the firm, Mr.. Toube was
introduced to UnitSd States Marshal Henkel.
who handed him papers showing that
Mark Ash had been appointed receiver
for the Arm Of Levi 4 Picard on the petition
Of the GermaniA Mills, W. SturEburg, ScheIl
firms asserted that the erm was insolvent
and owed them t1,06l.3s. Op the affidavit
Of Messrs. Levi and Picard, who swore
they believed that Toube wa about TO leave
the jurisdiction OF the court with the Sil,-
7pI.i8, Judge Hough had also issued a writ
Oh ne O1cdJ OO pTOUcCJ JhC SAChtOOh VI SUO
alleged bankrupts.
When brought before Judge Hough
Toube admitted that he had cashed the
heck from d. Mercier's Sons and had
paid his son 500, which he had borrowed
from him at the time Tcube Joined the
firm Of Levi Il Picar1. The rest be had in
str cted his son to turn over to his family
physician and friend, DR., j. Kalisher OF
239 East Seventy-eecond street.
On the promise Of Morris j. Hirsch. as
sociate counsel for Toube, that all or such
part Of the money obtained on the check
from d. Mercier's Son as the Court might
order would he turned over TO the receiver,
Judge Hough paroled Toube In the custody
Of Mr.. Hirsch pending the continuation
Of the examination In bankruptcy before
Commissioner Gilchrist. Judge HOugh de-
cided that the entire amount OF the check
less 500 paid by Toube to his son, $3.50
expended for counsel feee and 81 ,050 which
Toube said M owed TO DR.. Kalisher should
be turned over to the receiver.
For Mr.. Toube 1904 was paid to Receiver
Ash yesterday and g, 2S0 more n to be paid
10 him to-day. Mr.. Toube at the examina-
ton aid he had put $4,000 in the business
and after seven months now finds It bank
He expressed himself In very forcihlo
terms over his experience. Mr.. Steuer,
for Messrs. Leir and Picard, said that the
liabilities are $4,000 and nominal assets
epO, 600, consisting OF merchandise, $4,000,
and accounts, $4,000.