Page:Federal Reporter, 1st Series, Volume 8.djvu/762

 748 F^DEPAL BBI^O^TEIJ, �their real estate woukl take sotnetime to .prepare, but that they .woulfl .fur- nish it as sbon'as compieted. This paper waa also signed by J. M. Moyer as attorney in fact for C P. Waller, but, it appears, without the actual knowl- eilge of the latter, and without any direct authorlty from him. Subsequent!/, at varions times, A. Benton & Bro. feoeived, on account of the syndicate loan, from G. P. Waller $2,000; frorh' A. TT. Von "CJtassy $2,000; from John A. J. Sheets $2,000; and from Otto Lachenmeyer $1,000. Whether they received the remainlng $4,000 from C. P. Waiiiwright, W. L. Bpyant, and Mrs. E. -T. Benton, was a matter of dispute, the complainants alleging that no money was received from these parties. The,master found that they received $2,000 from Mrs. Benton, but nothing froin Wainvrright and Bryant., �At different times, after the execdtio^ of the syndicate agreoment, A. Beiiton & Bro. told tte syndicate truffees that they wcjiild flOt allpvy any oiia to press them, and that if anj one did so, to judgtneht, t|iey would pfpm^tly notify the syndicate. Neither Judg^' Waller, J. M. Mcyer, nor Mrs, JBentcn w^s present oii any of these occasions. , , , ;, ,, �■'On the fifteenth. oi July,^ lS76, i,n accordance with their previous. acrange- nietlt'and agreement, A. Benton &':]^ro.execiitea a:jiid|[ment note.for $2P,0QQ irifavoi- of saidd. Pr Waller and Mrs. "E. jr. Benton, pE^a.i>le cne djay a|ter date. This note, from the time it was given, was allpwed to remajn iiii the jtiSBession of said «f. M- lloyer, who' was inslructed by, C. P. Waller to hoJ,d the note until further ordei's ; the latter,' at the time', suggesting that he "didn't waiit to do anytliing that would interfere with the flnanc^al success of the Beiltons, ae iriight be pccasiojdpd by gither eptering'the judgmeut or placing itln any other hands at the'tinie." It waa adrnitted that at least the sum of $20,000 wais due by A,. Benton & Bro. to' these parties when this uote was given. ' \". ' �At various times, after the entering'of the syndicate Judgmerit, the trustees therein riamed demanded from A. Benton '& Bro. the ^tatement of the feal estate provided for by the syndicate agreement, but A. 'Benton & Bro. avoided f liniishin^ 6r neglected to furuish such statement. On September 4, 1876, howevel-, they gave to the syndicate trustees, in part payment bf the loan, an order on their attorney, J. M. Moyer, Esq., for a moptgago of $1,500, which had been left in his hands by them for collection. . The trustees presenied the order to Mr. Moyer, whb said it was all right; that he was negotiating for a sale of the mortgage; that he expected to get the proceeds in a iew days, and would hand the amount over to them. The trustees asked him to advise them when he obtained the money, aud he promised to do so. Subsequently the trustees made repeated calls upon him for the money, but were put oA by him from time to time, and neither the mortgage nor its proceeds were ever handed over to the trustees. �On Thursday, January 25, 1877, at the request of the syndicate trustees, Charles Benton and J. M. Moyer met them at the oifice of their counsel, A. M. Burton, Esq. Neither Judge Waller nor Mrs. Benton was present. At this meeting the trustees demanded the statement of the real estate, and the surrender of the $1,500 mortgage, or its proceeds. Mr. Moyer promised that the statement should be furnished in a few days, and, with regard to the mortgage, stated that, as C. P. Waller was interested in the proceeds, he did ��� �