The New York herald., 1877-07-07
THE WINDSOR HOTEL TRUSTEES.

CURIOUS CHARGE BY TIE WIDOW AND Chill
DREN OF THE LATE JOHN t. DALY--ALLEGED
ILLEGAL ELEc11oN OF NEW TRUsrEEs-Ap-
pLlcATIoN FOR AN INJUNCTION AGAINST THE
TRUSTEES AND APPOINTMENT OF A RECEIVER.
A rather important legal proceeding has been ins,
tuted in regard TO the Windsor Hotel Company. This
action, however, does not In any way Involve the
present management of tho hotel, but has grown out
Of certain alleged irregularities In regard to the new
appointment Of trustees OF the company following
the recent suicide OF James T. DAILY. who. is well
known was the original owner oil she easehold prop
erty upon which the hotel Is built The action takes
tho form OF suit, in which Arabella T. Daily, widow
of james T. Daily, Emma DAILY Cheeseborough, their
married daughter, and Thomas N. Daily, their only
surviving son, are plaintiffs, and William H. Day,
John sibey and tho Windsor Hotel Company
are defendants. The matter eame before Judge West
brook, in Supreme Court, Chambers yesterday, upon
an application for an order to show cause why re-
ceiver OF the company should be appointed pen
dente lite and meantime temporary Injunction be
granted restraining the newly elected trustees from
taking any official action as such trustees
THE CASH
at length the iacts IN connection with the history OF
the hote company, MOST Of which, Ia other legal pro-
the hoie company organized May 49, 1873, with
$3.50 600 Ms the capital STOCK such stock being divided
Daily and Thomas si
when tho company was organic a Jonn I. Daily
was owner OF tho leasehold property on which
the hotel Quilt; shat In consideration OF his trans
ferring the company his interest ~ sucn icasehod
property he was given the whole OF the sock but rs
there were large amount Of liens at tho time against
the company no left a considerable amount OF the
stock as collateral security, aud that these arrange
menis being perfected the hotel was leased It's
present managers at a rental OF $40, QUO year On
the Ath OF May last Mr. Daiy. VINO was
then president Of the company. committed suicide
,tAa aSfnn tncox ia all 10 n1 q
the overstress Of his BRAN on account Of The heavy
pecuniary responsbilit he had incurred oounec
AT the time Of his death his widow aud son, Thomas
n. DAILY, were My,ng In this city. but
land M. william N. DAILY, who had for some time
been living ut tho residence OF John I. DAILY, 1t Is
further stated urged upon Mrs Daily and her 500 the
necessity of taking immediate steps for the uppoint-
ment oil trustees Tor she company In order TO
the properly IRON irretrievabie ruin A. that time
Mrs Daily suffering from nervous prosratlon, it Is
stated, on account OF her husbands death, and IN
condition wholly unnt 70 transact business
THE KEW rRusrEhs.
An election OF trustees was made on May Ia, Mr.
William n. Daily assuming the right 10 be elec,od ss
Of the trustees through holding a5o shares o the
stock which, 1t Is said did not belong 10 him, but
left by John r. Daily as security Tor liens against the
company. Mrs. Chesssborough, who Owned seventy
gramme, desired 70 confer with her mother and
brother before any action was taken and sent
~" nrocsed,nas be- ,ss:n IN II" master until nsr ar
rival In ths country, such despatch announcing that
would leave by next steamer IL Is charged That
attention paid TO this request, but that elcc
ton Of trustees took place on tne date s,atsd,
In which Johh sibey William H. Daily,
Thomas A. Daily aud Arabeila 4. DAILY were
elected trustees Nr. Sibey subsequently chosen
president OF the nustees and William h. Daly, secre-
tary and treasurer IL charged that all this done
against the wishes Of the plaintiffs, who
eightns Of the capital stock VI the COMPANY that Will
lam II. Day owns only share ol Tie stock; that
" William II. Days vile CLAIMS $50 shares and S,Doy 75e
Shares giving TO these parties the ownership OF 1910
shares out Of the $500 shares Of tho companys stock
1t Is claimed by The plaintins that tue aUove pro-
ceedings illegal, aud that tue election should be
declared void. aud that Is for such purpose mainly
that tho present suit s brought IL 10 sad THAI John
T. Daily borrowed S35.245 w Of Mr. Siplcy, and that
he gave 7YV shares OF the companys stock collateral
10 insure It's repay ment anu that Sibey CLAIMS
only the debt but 10 be absolute owner OF col.
lateral stock. IL 10 iurther averrsd that William H.
tho SUN OF ,8l4 81, but never made known such
thai he Is a man oI no pecuniary responsibility
THE ORDER GRANTED.
Judge Wcstbrook granted al order 10 show cause
why receiver OF the company should not bo up
pointed, and also Temporary injunction restraining
MIR sibley and William II. Daily IRON meddiing with
the affairs OF the company. such order beng made
turnabIc next Tuesday. Among tho large claims
against tho property are specified that oil $50 600
fcred by William H. Martin, Tor services counsel;
Of ss2 00D Tor architects fees one OF $12 500
mechanics lien tor plassrng, and other liens amount
ing 10 Sl0,s6o