The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-03-11

still liable for all their debts, in case
Judge Swan indorses the referees re-
port
Referee Davock finds that the speci.
ftcations in opposition To discharge,
fled by some OF the creditors, have
been sustained by the evidence. These
specifications charged that the firm
did not keep proper books OF account
from which the financial condition II
the firm could be asceriained. With
regard to Case the specifications also
stated that he had drawn money from
the firm with intent TO defraud. delay
and hinder his creditors.
As far as Case is concerned the re-
eree's finding hinges In the question
or whether he intended To CONCEAL his
and the firms financial condition.
Case. on the stand denied this, and de-
MED also. that he knew the firm was
insolvent He insisted that he sun
posed, up to the very day of the fail
uTe. that the assets exceeded the LA.
bilities by about $4,000 Referee
Davock says. in this connection:
II do not see how Louis IT, Case
could have permitted his clerks TO
have kept fictitious accounts in ticti-
tious names, and also carry on the All
lie Selfridge account as he did. ana
order a young man. as cashier 80
change his debit on Il cash ticket from
S3.904s2 down 10 $500 charging these
amounts To Addie Selfridge and f. Il.
Webster, without intent 10 conceal his
financial condition. and in that respect
he failed To keep books OF account o.
records from which such condition
might be ascertained And no denial
or assertion on the part of Mr. Case
that he did not know the firm was in
solvent. or that he supposed under
the partnership agreement. that he
had full liberty 10 withdraw all the
money he desired, would release him
from the consequences OF his own
acts Ny finding, therefore, is, that
the Specifications OF both Charles
Becker and Louis 5 Levy, under sec
ton II, B-2, have been sustained
Cameron Currie testified that Case
was the sole manager. He LETT every
thing In Cases hands and did not at
tempt 10 40 behind him in anything,
ne said. Curre also pleaded ignor-
ance of any wrongdOing on Cases par,
The opinion continues
The only evidence We have of Mr.
Currie not knowing OF the wrongdoing
or the failure OF his partner TO keep
proper books OF account is that which
was given OH the general examina-
ton. and the question then involved
would be, following this case. whethei
he had affrmatively shown his limo
Cence or ignorance OF the wrongdoing
of his fellow He has failed 10 do
this in the issue now before MS. ex
cept as shown by his examination.
and he himself having failed to testify
concerning those things which he, ~
all persons, must know. the conclusion
would be that he did not SO testify
because he was afraid to do SO"
After quoting from Currie's testi.
mony with reference To his dealings
with NJ. j. Bourke, Mr.. Dayock re-
sumes:
The only conclusion to be drawn
from this statement is that he tCurTici
was conversant with the matters In
connection with NJ. j. BOurke, which
involve a loss OF 1927 900
My finding therefore Is. that the
specifications I'm opposition TO the dis.
charge OF Cameron Currie and Louis
"A. Case, individually and as members
OF the firm OF Cameron Currie 4 Co.
have been sustained"
Accountant f. II. Macpherson show
I I'd that Case had drawn out $47.74l7j
during the year preceding the failure.
Case testified that he couldn't tell
from the books how much he had
drawn out. but insisted that he had
a right TO withdraw all the money that
the accountant found had been with
drawn.