Page:Federal Reporter, 1st Series, Volume 6.djvu/771

 SHAINWA.LD r., LEWIS. 759 �suit should be made. The attorney selected by Mr. Naphtaly for this purpose was Mr. W. H. Sharp. . It does not appear that at this time Mr. Sharp was informed that the notes on which the suit was brought had been fabricated, and that, with the exception of the $2,000 note to Lewis, they repre- sented no real indebtedness of the firm. But he did know, or rather he supposed, that a fraud on the bankruptcy act was intended; that the suit was to be an "amicable" one; that no defence was to be made and no obstacle interposed to prevent the plaiutiff from obtaining the preference over ail the creditors of the urm which the suit was instituted to fiecure. �The foreign creditors of the firm were represented by Mr. Shainwald. He was very anxious that the suit should be defended, and was distrustful of Schoenfeld's assurances that a defence was intended. This was communioated to Mr. Sharp, who replied, "I know Shainwald; I will speak tohim; . bring him to me. " Mr. Shainwald was soon af ter brought to Mr. Sharp's office, and told by the latter that the suit would be defended. On this point. Mr. Sharp's testimony is asfollows: "Question. Then you said 'bring him to me?' Answer. Yes, sir. Q. Then you told Mr. Shainwald that the suit would be defended? A. That I was employed, and would defend the suit. Q, How could you make such a state- ment if you were not so employed? A. The day before that it was understood that I should put in that demurrer — make that defence. Q. A frivolous demurrer for, delay ? A. Yes, sir; that is so. I don't know that I used the Word defend; I may have said so. Q. What made you tell him so if you were not employed to make any defence, and itwas with the understanding, and to your knowledge, an amicable suit,' and you were not to obstruct the plaintiff in getting the judgment at the earlieat day, in order to defeat the bankrupt act? A. The object was to assure Mr. Shainwald that the approaoh- ing default would not beallowed to be entered that he Was so much concerned abont. Q. Was that a falsehood? 4'. I was not under any obligation to him, I ihought." Sharp's Test. irans. 987. . /, ■ : ■ • ;. ��� �