The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1911-07-28
JUDGE oAYToN's OPINION sus-
TAiNs REFEREE cUMmINs.
Very Interesting Case Involving Queer
Business Methods Comes to
End at Last.

In h United States court. Judge
A. q. Dayton yesterday handed down
an opinion In the famous Herman
S~choenneld bankrupt case. which has
been pending before him for some
time.
Wheeling business men and law
yers will recall this case as one OF
the most intensely interesting that
ever developed in Wheeling. For
shedding light upon strange and won
derful business methods IL Is certain
that the case never had a superior in
West Virginia. II was tried before
Referee In Bankruptcy ]. W. Cum
minis in this city and reached the
federal court on appeal.
A great IN local people have a
clear recollection of the facts In the
case. IL was on June IA. 1910. that
Herman Schoenield. who then con
Quoted a clothing store at 1928 Mar
ket street. filed a petition in bank
ruptcy. scheduling his liabilities at
$4,000. with no assets.
On June 10 there was an adjudica-
ton and order OF reference TO ]. w.
Cummins. referee I'm bankruptcy. A
few days later Attorney s. VI. Moves.
representing some OF Schoenheld's
creditors. filed n petition asking for
h appointment of n receiver. and
pursuant TO the petition, George a.
Blackford was appointed. Mr.. Black
ford tool immediate possession OF the
store AZ 1l2S Market street and then
proceeded TO Bay City. Mich. where
he took charge OF another store owned
by ~Schoenfeld. There was hardly
anything OF value in the Bay City
store. most OF the stock having been
moved TO Wheeling.
Salisbury Enters.
Up until his time there had been
nothing startling in the case further
than the fact that Schoenheld's as
acts had been scheduled at nothing
But on June 81, 1910. the wondering
creditors were further enlightened as
TO Schoenfeld's business methods
when Jacob Salisbury. through his at
torneys. filed a petition before Ref.
cree Cummins. claiming TO be the
owner and 10 be in possession OF the
stock Of merchandise at 112S Market
street.
Referee Cummins denied the petit
ton. and thereupon the matter was
certified to Judge Dayton. who sus-
tained Mr.. Cummins and ordered that
odArbul , DCNlllOu We ldhtls uttflNl
and treated as an intervening petition
for the purpose OF trying the title me
right to the possession Of the prop
erty.
The Trial.
Then followed a long and tedious
trial. in which the methods OF Schoen-
field were completely exposed. The
testimony brought out the fact that
Schoenield had been in business in
Pittsburg. Youngstown. Chillicothe
and Bay City. Mich. before coming 10
Wheeling, and IL was discovered that
he had pursued pretty much the same
tactics elsewhere as here. IL was
shown that Herman Schoenfeld dur
ing his business career had given n
number OF fake notes md fake
checks. In fact. according TO the re-
port OF Referee Cummins. the kiting
OF checks was the rule with Schoen-
field. rather than the exception.
In the end Referee Cummins found
that Herman S-choenfeld was the
owner OF the stock OF merchandise in
the store room AT 1928 Market street.
and in this opinion he Is sustained
by Judge Dayton in the opinion hand
ed down yesterday.
Judge Dsyton's Opinion.
Judge Dayton's opinion. in part,
says: The evidence clearly dis.
closes that the store rooms. both in
Wheeling and Bay City. Mich. were
the leased premises OF Herman
S~choenfeld. that Notwithstanding
Salisbury claims 10 have made his pur
chase 81 days before Blackford. as
receiver. took possession. ne allowed
the 'Schoenfield' signs 20 remain. and
further allowed he bankrupt. Herman
S~choenheld. 10 remain IN charge. The
effort TO show that the taking into
possession % the goods by he re.
sewer was tortious has. in my judg.
ment. utterly failed. Touching the
determination % the merits upon
Salsburg's claim 20 these stocks OF
goods I have no hesitancy in sustain.
ing the conclusions reached by the
referee. The claim must be rejected
also because g. Is undlsputed that
Salisbury claims only through pur
chase from Max Ph. -Schoenneld. who,
So is clearly shown. never had title
10 these goods.
A Corrupt Scheme.
The whole proceeding was. In ms
deliberate Judgment. a corrupt
scheme originated by Herman Schoen.
field. the bankrupt. and Salisbury. m