Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 410
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410 JACOBS, BEZNHEIM & Co. v. CRUM. [Tyler Term,
Opinion of the court.
wouldn't take any steps towards attachment, and at 3 A. M.
I was on my way. back here again, and I stated these facts
to the lawyers, and they concluded that there was no time to
be lost, because if he could not succeed in getting the securities,
his Fort Worth creditors might get ahead of us, and so
we issued papers on the following grounds: He claims his
stock, amounting to $3,000, his book and note account, $1,600,
on which he claims to owe but 44,000. Now, my judgment as to
his stock is what I telegraphed you. It will not bring more than
enough to cover our claim; for his shelves are nearly empty, his
boots and shoes are mostly gone, his groceries are very low and his
stock of dry goods is in like fix. The biggest part are his clothing.
He admitted to me that he intended to sell out his entire stock and
quit business, and has a card to that effect hanging up: At cost -
dry goods, clothing, etc., to close out stock." . His cattle, as I told
you, he sold, and he had nothing to give me to secure my debt.
Well, we got papers, and the constable is at his place. We attached
that land and stock about noon. Mr. Crum came to town,
and has since been trying to accomplish something. There was to
be a creditors' meeting at 2 P. A1., and the Fort Worth creditors
wanted to secure my account, but at this hour, 4 P. M., they have
failed to come. Mr. Evans, of E. & AM., asked, during my absence,
I Ir. Carter how much I would take for my claim in cash, and he
told him that he would consult me, but also have not seen him. I
advised you of all these facts by telegraph. I have seen Crum
once since and he was in company with Casey, of Casey & Swasey,
and they went to a lawyer's and no doubt are trying to see what
can be done. Rest easy, we are secured and will get our money.
L. & H. Blum are interested to about $250, E. & M. $1,200, and the
balance among others here. We didn't act any too soon, and my
opinion is he wouldn't have held out much longer, for he tried to
convert his stock into cash and let his creditors whistle. Will keep
you posted of any further developments .
"Yours, etc., S. B. MAYER."
This letter, whilst it may be consistent with the fact that the writer
of it was actuated by anxiety and alarm for the safety of plaintiffs'
debt, in the delusive hopes he held out to Crum that he would take
security and be content not to attach, and although it is also consistent
alike with possibility that he believed he had probable cause
for suing out the writ, and was influenced by no improper motive,
there are statements contained in it that allow of a different interpretation.The burden of the letter indicates an apprehension that the de
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/432/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .