The New York herald., 1874-12-30
COMPTROLLER GREEN'S LEGAL
TACTICS

TQe O,Q BOarQ Ol HuOilC IuStTuCitOu Iudue d COLI
tract with Alonzo Deutch to build school house,
the amount to be paid In eight instaments. Jnst
befcre the seventh instalment became due he
gave Mr.. DOnnalt an order upon the Board for
sl,2oo payable out OF this instaiment, but the
Board paid the entire sum to Mr.. Deutch, who
soon after assigned the contract to q Mr. Schreger
who completed toe building. The eighth install
ment however, amounting to So, COO, has not yet
been paid, but remains in the hands OF the Comp
troler Mir. SchTeger demands the whole sum
and Mr. Donnalt claims that he should be paid
81, 200 out or II. Both brought suits against the
CRY and they have been hanging fire in the courts
FOR long time, one 0. them having been tried
th times. ne phase present tSel in the case
through the city bringing an lntei peader suit,
saying that it mad $4,000 on hand payable on the
should be paid and asking, meantime, that the
suits OF the contestants for the money be stayed:
that In the lnterpeader suit the ull rights OF the
parties could not be determined. Finally, in the
ae s unep as Of S0Mn
liable for no department except the Department.
Of Public Works. Upon this Donnalt q schreser
fell back upon the lnterpeader SUR. The Comp
troller then adopted new line OF strategy, Find
ing that the sulrors had no remedy against
cidcd It to continue the interpleader suit,
and Assistant Corporation Counsel Dean
supreme Court before Judge Dononue. There was
quite an animated discussion on the motion. Mr.
Dean, as the mouthplece o. the Comptroller, ex.
saovO stiil IN his hands, but wished to avoid pay
ing 1t 10 the wrong parties MI. y; N. Porter,
counsel OF Donnalt strenuOusly opposed the
motion. Tncy claimed that II such motion was
the General Term, be entirely shut OF from getting
Guy money and that the motson was nothing more
troller to perpetrate fraud and Keep them out OF
their money. Judge Donohue took the papers, re.
serving his decision.
HENRY W. GENET'S PROPERTY.
Application was made yesterday. in Supreme
Court, Chambers, before Judge Donohue, to vacate
an attachment recently granted by him for
S15o,6oo against tie property Of Henry W. Genet.
The attachment was asked for IN suit brought on
behalf OF the city, and was granted on an a1davlt
OF Henry S. Taintor, appointed by tce Comptroller
to Investigate the matter OF tie Harlem Court
House frauds, and the amount OF money paid from
the city treasury 10 Genet on account OF the build.
ing the Court House. 1t is claimed in such AFFIDAVIT
that Genet appropriated to his own use $l500UO OF
the money thus paid him. and the attachment was
granted on the ground OF Ills being an absc0nding
MIR. West, who made the motion, insisted that
the attachment should be set aside as 1t was not
shown tnat Genet mao a9sconiea IRON ane state
iraudng his creditors. He cited various authort-
ties showing that before an attachment could be
granted 1t must be specifically established by In
controvertihle evidence that the abscondng or
concealmeut was for this purpose. He insisted
that Genet went away !or no such purpose; that
everybody knowing him knew foil well that he
never would run away to avoid payment OF his
debts, but that his only obec, In going away was
to avoid sentence being passed upon him after his
convection in the Court OF Oyer and Terminer.
MIR. Parsons was going to reply IN opposition to
the motion, but Judge Donohue told him 1t
was unnecessary for him to say anything.
He added that he had examined the case
very tho! oughiy before granting the attachment,
and he saw no reason for changing his opinion.
The question:. however was an important one,
and he was willing 1t should be taken lor rev:w
before the General Term.
on the above decision Genet's counsel asked for
a stay or proceedings in the case, which was also
denied.