The New York herald., 1875-12-24
SUITS AND COUNTER SUITS.
Claim Of Mrs. ParkhurSt, His Wift'S Friend
for Eighty Thousand Dollars.
Property Held by Her as Security Alleged
To Be Twice as Valuable.

MI hODert III. Beruell IS the defendant IN an action
involving about $50 900 worth property Tho plains
tTis Mrs Eliza w. Parkhurst, who has lived in Mr..
Berdes family since the death OF her husband, and
the engaged by her the appear for
Mrs Bcrdcl in the for allmony and divorce. Tho
suit brought in the Supreme Court OF this county,
and the circumstances out OF which II grew are az
peculiar interesting. Mrs. Parkhurst is tho
widow Of Dr. Parkhurst. who something over
n score OF years ago n well known and
prominent business man Of Cincinnati Ohio. AT that
time Mr. Bcrdeli was, il il said, merchant in Pearl
street, New York. He made the acquaintance OF Or.
Parkhurst and 1t is believed the two had extensive
business relations with each other for several years.
During the time Mr. Bcrdcl President OF tho Erie
Railway Company, or hercabouts, DR. Parkhurs died,
leaving fortune to his widow government bonds,
bank stocks railroad securities &C Mr. Berdel was,
alleged made executor of the estate and alter the
business had been settled up he became the manager IN
of Mrs Parkhurst's property, Mrs Parkhurst boz
coming an OF his family. Mrs Parkhurst had
every confidence in Mr. Berdcll's integrity and her
business affairs we're ntrustcd his without the
least reluctance.
MRS. PAKYHuRsr's COMPLAINT
On the 9th Of November, when the pnpers in the d-
suit served Mr.. Bcrdell. and Mrs. Ber-
dell with her three children. left his house here, Mrs.
Parknurst went with them and few days thereafter
the following complaint which gives the particulars OF
case filed the County Clerks Office in this
place.
sgrsEss GoSsTIGossrT ossT, Or oRAscrEra Park.
The plaintiff in this action, by Fullerton, Knox and
Crosby her respectfully shows the and
l. That in the year plaintiff was tho owner in her
o
The city Of y, SsT oG Sa the @ bonds o. &
the Eric Railway Company the bonds ot6s
Ss :ss .5ss
Company which said bonas and stock at their par value
That some time during the year 1865 but the precise
time the plaintiff is unable state the defendant applied
wanted hypohccatc the and raise thereon
to % m s s a nay1 s 5 os
him the above named property 70 be used by him to rase
endant that time promised give the plaintiff apaper
nUTs he aid s Tae s e G The
tin unable TO state give her receipt for said ccurities
ydua purposes from time time thereafter and collected hs
Informed BY the said defendant and verify believes he sold
part efhe stock Of tho Ninth National Bank and realized
the plaintiff is unable to state that time after tho
rsased Oh the sale 8 said stock together with the
he had :" s0ot hes.p to h, me which
plantiG ca. and that the defendant has.
gwen collected the interest and dvdcnds said bonds and
q sosh and from %e 70 lime has renewed ssS
interest and deductiug thercom small
said note which i plaintiff Is the
s. That on about September 1873 said
defendant in order secure the plaintiff the which he
held and the value d the securities h hais
ton, aRS Bank which '' he Sss d ne
nsa1 i. Ss psn TGsh e.n s sssasa and %
yesd to her %osSsc To ggSH % a IN .asss P.Psry n
and which said recorded IN the once Of tho
Il HeEssr Of tue city AM sa county & ~ isT & as' oss
1873 That thereafter and time in the month of July,
cred the aforesaid rsene,,ea III, pl.intia.s
satisfy the same 50 ths. hat he nigh, give title thereto sse
sed the plaintiff thSt it she would do 50 he
"HSn yS the o S.~ q ys e1s~
part which the defendant then resided and still
to reside that this pan, dd sSecn,e salts.
defendant and that the and about
that in iuhment Il the promise the defendant to execute
and deliver to the n9C,s 10 the
he did $ me % n a1 %Sqh sdrs 81
liver the plaintiff mortgage his real estate lying and
s u S Of q % .o asa
continues 10 reside that he time the defendant
that he would pay the said sum Of at time therein
men but =, whs, b me III the
correctly descrDcd .c,cae a. hereunto
That the execution o the said bond and
agent time requested
to have the same ded and gave reason therefor
his business affairs he then being in financial DIFF
to the deiendan and he took possession thereof
since retained possession Of The same a,housh the
nurgngc the end that the said might be
h 1G o @ d Dond and
mortgage against the wishes Of the plaintiff
in his and the plaintiff has TO believe,
believe that unless said mortgage is recorded and
thereby made lien the property described therein
hs hs w y a H hs y mot scoSed that tS
defendant will cucumber the same for the purpose Of extr-
g. Ihe plaintiff therefore, prays the Judgment Of this
Frs-hat the defendant may the plaintiff for
the said bonds and certificates Of stock and the interest and
>oi-rhat the said amount thus found TO be due from
the defendant the plaintiff be declared 70 be lien
Of orange described in the said last mentioned bond
defendant may compelled by the order
said Sond and mortgage 10 the end that the said morgsss
be Lien upon %d
By during the pendency OF this action
said last named mortgage creating any
and that he be adudsed to pay the costs Of this
'' A COUNTER SUIT ASD COMPLAINT.
ON the 9th ult Mr.. Bcrdcll through his attorneys,
Mcssrs Evarts Southmlyd Choate instituted coun-
ter SUIT supreme Court OF the city and county OF
New York The complaint Is on dlc in the County
Clerks Office In this place. and is brought against Mrs.
Parkhurs and Mrs. Berdcll his wc, the latter being
charged by him with being In colusion with Mrs Park
hurst Tho complaint alleges that he (Mr Bcrdcln has
conveyed property in Goshen, Brooklyn and New York
city Mrs Parkhurst collateral security for the
said Indebtedness TO her. that since the giving Of said
deeds the plaintn has collected and received certain
other moneys belonging Mrs Parkhurs which he has
paid to her and expended on her account; that the
property conveyed to her Of far greater value
than the balance claimed 10 be due from him, and far
than the aggregate Of the nominal considerations
mentioned IN sad deeds; that he has been at all times
ready and willing and still Is ready aud willing, and
now offers to account TO and with Mrs Parkhurst for,
Of and concerning all thor dealings with each other
and 10 pay her any balance which may be found duo
Tho plainiin fhercupon demands Judgment that
accounting may be had and taken under tho direc-
ton OF the Court 10 settle the business between them
TnE MANS SIDE rHE CONFLICT.
In addition 10 the above Mr. Bordc writes that he
does not owe Mrs. Parkhurst $S0,O00 any other
III havc,' he says, begun SUIT for
si3oooo, for property that decided 10 her Tho com.
plant is 1c in the Office records at Goshen Mr.
Parkhurst her husband came from Cincinnati to New
York many years ago TO make my acquaintance at a
critical time. He had made heavy shipments with
another party jointly His partner in the transaction
failed, and IL my influence and the large advances
OF money by that saved him from falling and ruin
SUDDEN DEATH OF A CONVICT.