The New York herald., 1877-03-20

makes an anldavt IN which ne relates having beer
called upon to advise his client, who had been
Guardian Mutual as % When he e. called @ At NH Mr. His
home the latter stated that lie did not Know
be plaintiff; there quite number of persons
similarly situated and that some other he UNDER
aas orem bs thar
cral Tremanc had personally applied to him 10 be
made paintin IN the suit
REPLY OF IT. FURBER
The President OF the North America, Mr.. Henry J.
Furber, alleges in affidavit that the afndavits Of
Lockwood and Fattery, made on the part OF paintiR
In the suit of Bclknap vs.. the North America are
fnlse, far they allcge any efforts having been
made or permitted on the part OF the officers Of the
company TO compel induce, by improper means
or measures. the policy holders TO sell out their
policies or to change them to tho Universal
company. Dep0nent says that shortly after becoming
connected with the North America he mailed printed
circulars all the policy holders warning them from
any such solicitations the part OF the coppany's
agents as did appear profitable them; that tue
ngents OF the North America and the Guardian
have at all times been instructed not to use
any improper means to induce policy holders
to sell or change, and whenever It has como 10
the knowledge OF the officers or managers that such
false have been madc by agents. such
agents have been reprmanded aud for repetition Of
the offence have been dismissed from tho employ OF
the company; that whenever any policy holder has
com plained that he was improperly induced to sell
Ur exchange his policy tho officers and man.
ayers have Invariably offered TO restore such policy
to the Same position MS IL wan before selling
or changing; that every facility has been offered 10
the policy holders Of the North America TO pay their
tended and have been accepted when past due and the
policies were legally forfeited Dcponent further says
that tho time Of his election to the presidency OF tho
North America the company was IN falling condition,
had been tor tho OF deponent and
hts associates It would of necessity have passed into
the hands OF receiver; that ncther he any
officer OF the company has received any compensation
whatever either directly or indirectly bevond
nual salary for services and that OF them havo
pronted in any manner by Of tho saving on re-
serve OF policies purchased or forfeited In said
company.
WHAT THE MANAGEMENT CLAIMS.
Deponent says that at The time he became connected
with tho North America more thl $4,000, 900 OF
an aggregate OF less than So 500 900 In real
cures we're In great danger oil being lost TO the
pany account OF serious defect in tho title; and
these securities were finally saved through the
ful management OF himself and his associates.
That when deponent into the ollco
of president the agents OF the North America
Informed oil the condition OF the company and OF
the contemplated by the management; that tho
agents approved OF the plans. and during the past
years have earnestly assisted in carrying them out
that A. Newman Lockwood, mentioned above
was one OF tho approving agents and has changed
q large number of policies, received the
commission thereon, and complained to dc.
ponent that he thought there was anything wrong In
the management. That 7. s. Flattery was also an
agent tor than year, and has also assisted in
carrying the plans Of the management without com.
plant
The facts In Mr.. Furber's aGdavt are strengthened
by atldavs OF John H. Bewlcy, vice president; George
l.. Montague, secretary, and Scott A. Mckenzie and
Nelson f. Evans, agents Of tho North America.