Page:Federal Reporter, 1st Series, Volume 8.djvu/763

GASKILI» V. BBNTONt fi? �not wish to hand it over without authority from the latter, and desired tiiae to Write to him. , . �The trustees also inquired as to' some judgments that had bpen recently entered agairist A. Benton & Bro., and were infprmed that there oiily re- mained one of small amount, for which the money would be forthcoming. There was some talk with reference to an execution on the syndicate judg- inent unless the matters were satisfactorily arranged. The meeting adjoumed, according to the testimony o£ some of the creditors present, with the under- standing that nothing should be done for 48 hours, and, according to, the testimony of others, with the understa;iding that nothing was to be done "until the statement was furnished, which was tobe on the following ijton- day pr Tuesday." On the same day, af ter the meeting had adjoumed, Charles Benton went to his brother Albert's house, and thero met his brother and hii brother's wife, Mrs. Elizabeth J. Benton.; Af ter some conversation between them, Charles Benton went immediately to the flffilce of J. M. Moy6r,.aiid-ihad a conversation with him. Mr. Moyer immediately j)laced the judgm^ntnptc of $20,000, in favbr of C. P. "Waller and Mrs.E, '.J. Benton, in the h'^nds of another attomey inl the( same building,' (Ji B. Sprague, Esq.,) ditet^tiiig him i6 issue the execution, which. was accordingly!dOHel','a'hd ou Oie 'aatnoiii^ it Ms pliiced in the hands of the sheriffl., In the evening of ;the satae day^iaflfiiaftfer the execution had be^n issued, J. Mfil^pyer, cajled upon Mrs. W'7, Bentj)hi and, at his suggestioji, she.wtote a letter tp, J.R, Scrague, dicecting Ifjcfiiibo issile the execution. ' . i , �The next moming (Friday, janiiliiy 26, lS77) J. M. itoyer tclegraphed to 0. P. Walleir to instraet B. F. Fisher, ESe[.','t<>'tsS'ue 'execution ^e^'inst itetttl)n immediately. On the same day C;P. Waller telcgraphea to B; F. Fisher, ESq., tp issue execution, against the Bentons; iMe.; Fisher, flndiiig the exeetitida jalready issued,.entered his appearance fpr C.,P. Waller, aiid;n,otifled 'the .sherilE that he represented him in the execution. On the ijext day, (Saturday^) abouj; 1 o'elock p. M., Charles Benton saw Chandler P. Wainwrijjht, pne of the synr dicate creditors, and volunteered the information that execution had been issued on the $20,000 judgment. Mr. WairiWHght, ou the same af ternoon, coni^ munieated this information to one of the syndicate trustees, and early on Monday moming, January 29th, communicated it to the other. ' The trustees on that day iustructed their counsel to issue execution, which was done. On Wednesday, January 31st, the general creditors filed a petition in bankruptpy, under which A. Benton & Bro. were adjudicated banferupts on the twenty- seventh of March, 1877, upon the ground that they had procured the execu- tion on the $20,000 judgment in favor of G. P. Waller and Mrs. Benton to be issued. �The prcjperty levied on was sold under an order entered in the present equity proceedings, and the proeeeds deposited in the registry of the court. The master reported that under the above faots he was of opinion that both executions had been procured, but, that even if the syndicate execution had not been procured the plaintiffs therein had not established any equitable ground to entitle them to ��� �