The New York herald., 1877-11-29
THE ALLIGLR BROTHERS.

A few days since, as reported at the time in tn
HERALD orders OF arrest granted by Judge Dom
ohue against Elijah =. Aliger and Richard d. Al
Tiger in a suit brought against them IN the CONNER
cia Union Assurance Company, OF London. and their
bail fixed S125 000 Upon the application reduce
the bail there lengthy argument yesterday be-
fore Judge Lawrence, In Supreme Court ChamDerA
Mr. l. Z Chittendcn appeared on behalf OF Elijah AL
hger. Mr. John L. Parsons Tor Richard ID. Algor and
Mr. T. H. Hubbard Tor tho Co.nmercial Union Assur.
Company.
Mr. Chittendcn opened tho argument with reading
An affidavit OF Mr. Elijah Aliger and contract EN-.
bodied In such affidavit entered into by Ager Broth
ers with the Commercial Union Assurance Com
pany In 1S7O In pursuance OF which contract
Alger Brothers became the agents VI tine company
III this county, and took charge Of IT'S branch office IN
this city. MIR. Chittendcn detailed at length the
ditions OF the contract under which Aiger Brothers
were be allowed com missions oi twenty per cent
on all premiums received by the company through
them and fifteen por cent net profits OF fire liens lhs
contract IL stated, stipulated further that all
moneys belonging 10 the company were TO be depos-
lied separate from Their Individual funds, and that
pIatelnent OF accounts should be rendered every
month. The Alligers gave bonds IN $4,000 Tor tho
faithful performance OF the contract their part
He stated that tho conditions Of tho contract wcro
faithfully complied with until the establishment OF
special department for business IN TINS city, when,
lnasmuch AS the Bank oi Commerce, IN
winch they had been depositing thc funus vi
tho company, would not receive county Cheeks they
deposited such checks IN the Snoc and Leather Bank,
added that no default had over beon made making
tins required Inouthy statement. Meantime, III
1875, Richard D. Ager Withdrew from the agency, aud
has connection with II since. He INSISTED that
the referred TO IN winch The pronts
were al on one sidc and tue losses on the otner-he
profits gong into the Golfers OF the com
pany and losses beng snoudercd the Agers In
September last Mr. Elijah Aiiger, nnding that matters
running bchind, obtained permiss to go 10
London " explain the condition oil affairs. Tins re-
quest excited suspicion IN The minds o the London
managers, and while Mr. Ailiger was OH hrs way
+.
retary OF the company took steamer aud camo
anis country, and upon % ,mcr arrival nnuos .ook
and announced lin to be defauitcr, or cmbezzcr, to
the amount of $500 OOo There were facts connected
prisouors mother and wife were Frustrated, and tho
former IN u dangerous coudition. They mad endeav-
pred ball. but had been unsuccessful. Tho
pany was well secured by $40, 600 bond given by
bhcse defendants TO secure the ianfu performance
lhcir duties. Mr. Aliger, he SAID, aDlc give
hs far more than $4,000, and on bcnali he
asked that the amount OF bail be reuuced ~ $25 OO0
least, or much loss as the Court saw IT. In con-
busion he insisted that the whole question
merely OF accounting aud that, instead vi there beng
large deficiency, claimed by the plaintiffs, the
company In reality debtor 10 the defendant Ho
dwelt u some lcpgtn the law applicable the SUD
Iect, and then said that ne wilng TO leave the
matter IN the hands oi the Court.
Mr.. Hubbard, ON behalf of the company, said that
no attempt had been made 10 account ior the dehci-
encics CLAIMED by tho plaintiffs, which ne insisted was
vital TO motlons OF this character lie read aidavis
OF Jonn j. Allen, Mr. koundcIay aud Mr Brown, the
Secretary Of the company, giving the facts and
ugurts, as ueVclOpcu III tue eAuthiuutioh VI tHo
books of account. He claimed tnat no good grounds
shown why there should be reduction vi bal,
that the accounts as kept by tho deicndants
showed a deficiency OF over Sl2O0O0 Tho ground oil
the arrest was tue misapplicaton OF moneys oil The
company 10 their own use which they were pound 10
pay over. ln 1873 tue Agcrs were short of assets
10 about 900. and allcr 1874 they deposited
In the Shoe and Leather Bank, with other
moneys, and diu not Keep 1t separate In tho
Bank oil Commerce. wnere the plaintiffs
money lett that Dy tho report sworn TO by Eiuah
Axer the Of Insurance II was rep.
resented that $I12, 528 Ia were the gross premiums
N due Of collection, whcn upon examining the
houks u appeared that all OF that sum, except about
e26 OUO had ia TACT been collected 50 that between
f8U 600 and x0O0UO represented to be duo OF
solieclion had been already received.
Mr. Parsons, on behalf OF Richard p. Aligcr, IN
mated that tho order OF arrest should be modned as
regarded his client He ereeratci tho statement gwen