Page:Federal Reporter, 1st Series, Volume 6.djvu/777

 SHAINWALD V. LEWIS. 765 �combination and conspiracy between said Harris Lewis and the said Isaac Newman, Louis S. Schoenfeld, and other persons, to cheat and defraud the creditors of said firm of Bchoenfeld, Cohen & Co. ; and the said re- spondent, Harry Lewis, is hereby declared, adjudged, and decreed to be a trustee for the benefit of the creditors of said firm of Schoenfeld, Cohen & Co., and for the benefit of said Herman Shainwald, as assignee in bank- ruptcy of said firm, and of the ipdividual members of said firm as afore- said, of ail the money and property of said firm as received, delivered to, or obtained possession of by him, the said Harris Lewis, and also of any and ail interest, profit, profits, income, and proceeds made, secured, ob- tained, or in any way or manner or form realized by him, the said Har- ris Lewis, by or from, or by means of the use of, said money and property, or any part thereof, or by the use of any such interests, profits, or pro- ceeds ; and the said Harris Lewis is hereby declared, adjudged, and de- creed to be a trustee of the sum of $81,425.07, in lawful money of the United States, for the benefit of said Herman ShainWald, as assignee in bankruptcy of the firm of Schoenfeld, Cohen & Co., and of Louis S. Schoenfeld, Isaac Newman, and Simon Cohen, bankrupts, the same being the aggregate amount of the said moneys and property of said flrm re- ceived and obtained by said respondent as aforesaid by fraud and collusion before the flrst day of November, A. D. 1877. �Seventh. That the complainant, Herman Shainwald, recover from the respondent, Harris Lewis, and that the respondent, Harris Lewis, forth- with pay to the said Herman Shainwald, the complainant herein, the sum of |B1,425.07> and the further sum of $17,091.26, interest on the aforesaid sum of $81,425.07 from the flrst day of November, A. D. 1877. �Eiglitli. That the injunction heretofore issued in this suit on the eight- eenth day of November, A. D. 1879, be and the same is hereby made and declared to be perpetuai. �Ninth. That the complainant, Herman Shainwald, as assignee as afore- said, recover from the respondent, Harris Lewis, and that the respondent pay to the complainant, ail the costs and disbursements by said complain- ant incurred or paid out in this cause, the same to be taxed. by the clerk of this court. �Tenth. That the writ of injunction issuei forthwith out of this court commanding the said Harris Lewis, his agents, attorneys, servants, and assigns, to cease, desist, and refrain f orever from claiming or asserting any right to said judgment, or to any writ or levy of execution, or to any order, relief, or other proceeding, in the said action in the said district court of the nineteenth judicial district of the state of California, and from prosecuting said action or taking any other or further proceeding therein, and from issuing or procuring to be issued therein any writ or other process, mesne or final, and from doing any other act or thing therein, and from assigning, transferring, or otherwise disposing of said judgment, or any part or portion thereof, and also from asserting or set- ting up in any way, manner, or form any claim, right, title, interest, or ownership of, in, or to the promisspry notes for $17,000, $8,000, and $5,000 heieinabove mentioned, or of, in, or to any or either of them. ��� �