The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-08
LEVY IS CRITICISED
BY SUPREME COURT
Young Man Is Scored for In
ducing Mother to Execute
a Mortgage.
LOWER COURT REVERSED
AND NEW TRIAL GRANTED
Tribunal Finds Considerable
Evidence Tending to Show
High Finance.

In an opinion handed down by the SUI
preme court on Friday. W. 5. Mccormick
and Joseph II. Levy, formerly manager
of the Sam Levy Cigar company. are Sc
vcrely criticised for the manner In which
they apparently took advantage OF Mrs.
Marie Levy ana secured from her mort
gage on her home 10 secure n supposed
indebtedness due Mccormick from Levy.
The supreme court refuses TO sanction
Tie manner In which the mortgage was
secured and reverses the case In which
Mccormick is plaintiff and Mrs. Levy is
defendant and orders the lower court to
grant . new trial, The opinion states in
VelY plain language that Levy should he
considered as an unnatural son because
OF the manner In which he worked with
Mccormick to Induce his mother TO mort
gage her home.
From the evidence as rccitcd in. the
opinion. il appears that the Levy Cigar
company had an ovcrdraft ut McCor-
niclss bank amounting to $500. McCor-
nick pressed Levy for the payment Of tho
nick aud told him that the company had
no assets ami asked him not to press the
payment al the money. as IL would mean
bankruptcy Tor the company.
Agreement Reached.
II WAS finally agreed between them that
the bank should advance Levy $500 more
with which 10 go cast aud purchase more
goods. so The testimony showed. II was
understood that Levy should buy the
goods on credit and ship them 20 Salt
Lake and dispose OF them for cash at
sacrifice, !: necessary, at the earliest
possible date. and turn in the proceeds
81 rhc sale 10 tho bank to satisfy tho
Indebtedness. II WAS further shown.
Acting upon this understanding. 1t IS
said. Lery purchased ahort $4,000 worth
of goods, end ship2rS,d them to This CITY ,dry
were not considered In the deal at all. ii
Is alleged, but finally they began to
camor for payment for the goods, and
then, IN order 20 place the goods oct of
their reach, Levy sold thcm 10 one Of his
employees named John BasS, WHO gave
Mccormick chattel mortgage on the
same 10 secure tho balance due him. The
process OF rapid-firc sale of the goods
was proceeded With, according 10 the evi-
dencc. and Mccormick was overpaid in
the sum OF $lo$6, This amount was
placed "a the credit of the Levy Cigar
company and was all drawn out by Levy
Mortgage Is Executed.
The eastern creditors ihrcatencd 10 at
tach tine remainder OF She goods. where
upou, according 10 the opinon. Mccormick
ana Levy induced Mrs. Levy TO mortgage
TO Mccormick her home for SS42l In order
10 secure hinl against loss on the halan5e
10 believe that her son was greatly in
dcbt and that by putting a, mortgage on
her home she could save his business. the
opinion SAYS Suit was brought TO FORE
close tho mortsagc and q Judgment OF
foreclosure was rendered In levor OF Nc
Cotnick and against Mrs Levy.
Tbq supreme court rcverscs TINS Judg-
mcnt and rernandS the case for new
trial. On accoun; OF Mrs, Lovy : answer
being so indciirto and uncertain as TO
its allegations OF fraud. the supreme court
rrfrairs from ordering the lower court 70
cntcr judgment in her favor. but 1t gives
her permission 10 amend 1er answer when
She case is retired in the lower Court.
.lysticc McCariy wrote the opinion OF the
court which is concurCe6 in by Chief
Justice StralIp and Justice Frick.
McCoy's Stables.