The New York herald., 1876-12-10
THE COURTS.

Aloiphus Hoffman alleged debt o. $40 700
an order of arrest issued against The latter by
Judge Lawrence OF the Supreme Court the 21tn OF
last Under this order Of the defendant
lodged In Ludlow Street jail and is still there
confined. The order was granted on an affidavit by
plaintiff setting forth tnat the money 10 recover which
the suit brought had been collected by tho defend
ant while clerk in the employ o. paIn,in, and IN a
nducary capacity. and that defendant had refused 10
pay over to pIan,,he money collected aud he is
non-resdent Of this State Yesterday, application
OF Mr. Henry G. nennison, defendants counsel
Judge Donohuc maze order directing
plaintiff 10 show cause, the 10th inst: why the order
OF arrest against defendant should not be Sc; aside and
vacated The affidavit on which this latter order was
made Is sworn 10 by the defendant aud discloses state
OF affairs between him and the plaintiff which Is novel
curious and interesting lie that IN February,
1874 he resided N San FRANCISCO aud who there
received TWO letters IRON the plaintiff, who then
resided in London England proposing TO him TO aid
IN organizing steams hp company TO run steamers up
tho Amazon River as Ear the city of Manaos: thai
after communicating his views upon the project, on
the 2lst oi APRIL l,14 be received from The pain-
III te esram reading as ;ollows:-"Come linincdi-
ately," whereupon defendant started and arrived IN
London ABOUT the middle OF Nay, ls'I The
projected company bad not yet been formed.
and = was arranged that deicndant should
so 10 Nanaos and take notes and rcport 10 the avail
ability oi forming the company. He did 60 10 Manaos
and subsequently made report which Was printed IN
pamphlet form SEPTEMBER, 1874. A company
then be, organized the tiilc OF .Tnc Liverpool
and Amazon Royal Mat steamship Company uim.
nedl The defendant was appointed ono OF The
directors pro tenn, and aiterward u new board was
elected, and John Even, oil London, WAS made perma
nent president and plaintiff the general manager
Among other things u was made compulsory Tor the
company TO establish wholesale mercantile house at
Manaos, and Mr. X. e. Munson, oil London, one oi tho
permanent directors. was appointed the buyer and
general director o mercantile branch in London and
defendant the general manager AT Manaos Defendant
lherenpon sailed Tor the Aniazon River IN company
with the general manager and arriving at Para cstab
Ishcd he business there aud branch at Manaos
he remained at Para from January, 1879, 10 Nay oi
The same year, when ha removed altogether TO
Maraos. All the merchandise ne received
ccivei ani sod exclusively on account OF the CON-
pany. About tho middle OF May. 1875, the company
failed, ana notified by Mr. Henry Ellis, OF No.
II Grace church street. London, who had been duly
appo nted 20 iiquidatc the affairs oil the company,
account 10 hun Ior all property held by him. About
the beginning OF september 1878. the pain,in arrived
in Manaos and alter expressing satisfaction with the
manner IN which Defendant had conducted the bus-
ness ne lett again. stating that no one had right TO
touch anything defendants posscssiou About the 5h
OF October following Mr.. August PcixOto arrived AZ
Manaos with complete documents IRON the liquidator
IN London authorizing HIM eixoio) to take possession
oI all papers books and property IN possession OF de-
icndani. as well as those IN possession OF piant.
Upon defendant refusing 70 deliver such possession
lawsuit was commenced against him, which resulted
the appon ot three pres TO estimate the
value OF defendants services. These umprcs or aro-
traitors awarded defendant s., ,o00 winch award was
duly confirmed by the Court, aud II was decrced,
among other things, that defendant should be DIS
charged from all responsibility in The premises. Ills
books, when had been examined by two experts and
found correct, all in the possession oi tho
London hquiator. After denying that no ever had
any individual transaction with plaintiff ever collected
money his account or that he now owes him tho
sum claimed IN tho suit, or any other sum- or that
he owes anything 10 the company, the defendant in
his affidavit. proceeds 70 dean the circumstances
which hc came 10 be arrested. lie says plaintiff
is lawyer, dong business in this city, and never
made claim a2unst hin iOr any sum hatever before
the service OF the papers III this SUIT, but, the
trary always treated HIM IN mos, friendly manner.
While defendant was residing at BIccicd IN Germany,
he received telegram from palntiT requesting nm 10
To New York. and obedience to such tclcs ram
he came, arriving here on sunday last He was met
the pcr by plaintiff ana his attorney this suit,
and their invitation them to tis Stur.
lcvsnt ouse. There paIDtII treated hlm tue most
cordial and accompanied him IN visits 10
friends. Returning 10 tho hotel on the night of
arrival, alter his friendly visits, and live
utcs past twelve O'CLOCK wien about 10 retire. dep
uty sherin entered his room, madc him prisoner
under the present order oi arrest, at the
attaching his personal ELECTS and cleaning hls
OF about fifteen English sovcTeigns since then his
hotel has been well known in Ludlow street,
kept by Mr.. Watson. The defendant solemniy AYERS
that hc has never served the plaintiff In "a dducary
capacity; has never collected moneys received
the proceeds OF any negotiable paper belonging To him
that ne tdc;cndant was enced into tho jurisdiction
OF tho Court and that these proceedings Instituted
for other purpose than TO exlor money from HIM.
Hc also adds that there another action pending In
the Marine Court ~ TINS city for the same cause Or
action Tor which this action s brought against him,
instituted w tho Same paintin, and which
the attachment was issued against his property
As ground 10 be insisted on by defendants coun-
sci Tor the discharge 0f the order Of arrest II
stated that under the decision in tho celebrated
Lagruve case tho defendant havag boon cnticed into
the jurisdiction of the court by fraud and plaintiff
beng party TO IT, order oil arrest against the de-
fendant could not DO sustained II will also be IN
sisted, AS Indicated by the tenor OF defendants n1
davit, that on the iacis tacmsclvcg p;aintt
just or legal cause OF action Accompanying the
papers on whicn the order 10 show granted
Is letter written by plnintin Iato us September
last from Manaros to defendant in Germany, OF
most ir endly character. making no mention Of IN.
debtedncss, aud referring to business enterprises
which might make necessary for the paintl TO In
vito defendant by telegram TO conc TO New York.
This deicndunt claims, Is the fatal telegram when
brought him unsususctin2ly TO these shores, and
through which p,alntin has succeeded suddenly
and uncercmonously changing his tdeendant's) con-
dill from that of apparently welcome iriond and
quot to that OF an enemy and prisoner Argument
tho the order o arrest Is expected
10 take place Tomorrow. The bail, IN default o which
defendant ~ held, was liked at $4,000 tho same
amount the claim made against him.
A LAWYER INDICATED.