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Updated: May 1, 2025
I take it you haven't been reading the papers?" "I haven't," Hollister admitted. "What has happened?" "His concern has gone smash," MacFarlan stated. "I happen to be sure of that, because I'm acting for two creditors. A receiver has been appointed. Lewis himself is in deep. He is at present at large on bail, charged with unlawful conversion of moneys entrusted to his care.
Two other young men, Bluegrass Kentuckians, Logan and Macfarlan, had settled at the gap both lawyers and both of pioneer, Indian-fighting blood. The report of the State geologist had been spread broadcast. A famous magazine writer had come through on horseback and had gone home and given a fervid account of the riches and the beauty of the region.
MacFarlan was a judge, and two or three others, too, had come through unscathed in spirit and undaunted in resolution but gone were the young Bluegrass Kentuckians, the young Tide-water Virginians, the New England school-teachers, the bankers, real-estate agents, engineers; gone the gamblers, the wily Jews and the vagrant women that fringe the incoming tide of a new prosperity gone all gone!
"Can you recommend an able lawyer one with considerable experience in timber litigation preferred?" "I can. Malcolm MacFarlan, second floor Sibley Block. If it's legal business relating to timber, he's your man. Not because he happens to be my brother," MacFarlan smiled broadly, "but because he knows his business. Ask any timber concern. They'll tell you."
MacFarlan listened, asked questions, nodded understanding. "You could recover on the ground of misrepresentation," he said at last. "The case, as you state it, is clear. It could be interpreted as fraud and hence criminal if collusion between the maker of the false estimate and the vendor could be proven. In any case the vendor could be held accountable for his misrepresentation of value.
"Of course, and if we leave him in that weak old calaboose, they'll get more help and take him out to-night." "Then we'll take him to the county jail." "They'll take him away from us." "No, they won't. You go out and get as many shotguns as you can find and load them with buckshot." Macfarlan nodded approvingly and disappeared.
You have a case, clear enough, but " he threw out his hands with a suggestive motion "they're bankrupt." "I see," Hollister muttered. "I appear to be out of luck, then." "Unfortunately, yes," MacFarlan continued. "You could get a judgment against them. But it would be worthless. Simply throwing good money after bad.
There doesn't seem to be much chance to sell it, but there is some sort of returned soldiers' cooperative concern working in the Big Bend, and MacFarlan and Lee have had some correspondence with their head man about this limit of mine. He is going to be in town in a day or two. They may buy." "And if they do?"
MacFarlan jerked his thumb towards the ceiling. "This Lewis above me?" "Yes." Hollister laid the documents before MacFarlan. He ran through them, laid them down and looked reflectively at Hollister. "I'm afraid," he said slowly, "you are making your move too late." "Why?" Hollister demanded uneasily. "Evidently you aren't aware what has happened to Lewis?
A short, stout individual came forward, glanced at Hollister's scarred face with that involuntary disapproval which Hollister was accustomed to catch in people's expression before they suppressed it out of pity or courtesy, or a mixture of both. "I am Mr. MacFarlan." "I want legal advice on a matter of considerable importance," Hollister came straight to the point.
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