The New York herald., 1877-02-27
VIRTUE AND FUNK.
THE REAL ESTATE vAGARIEs OF RICH OLD
ENGLISH BAcHELog-wAs "vrRrUE EN-


ENGLISH BAcnELog--wAs "vIRrUE EN-
SHARED" OR FRIENDSHIP REWARDED"
The suit brought by the executors OF William A.
Virtue aside leases OF Irving Hall and No. II
Dey street General Funk and Miss Helen $. Ballou
came up yesterday In Supreme Court, Chambers, be-
tore Judge Barrett. An outline OF the story has al
ready appeared in the HERALD.
William A. Virtue, an Engishman by birth, and the
senior memoer of the publishing house OF Virtue 4
Yorston this city to reside good many years
ago. He did business At No. IL Dey street, and for "a
considerable time resided next 10 the Irving Place
Hotel Although bachelor, Virtue not wanting
in Susceptibility to tho charms OF tho fair SEX and IL
Is alleged became addicted TO certain immoralitics
SO marked these irregularities and SO
completely he unified for business in consequence
that the LIST OF April 1875, Mr.. Charles H. Yorston
his partner in the publishing house Of Virtue &
Yorston, induced 10 purchase his interest in the
nrm for which Mr. Virtue received tho large OF
f24 900, nearly sl.Oooo He at one time resided
at the Irving Place HOTEL OF which General Funk was
one OF the propretors, and there made the acquant
Of MISS Helen 5. Balou, an attractive blonde. who
claims to have been actress
Miss Baliou remained vt the Irving Place Hotel
until July, 1873, when she went to Bath TO reside at
IA hotel OF which Funk was also one Of tho propri-
ctors. About the same time Virtue went 10 England,
and when ne returned 10 this city early in 1874 Miss
Ba0u had also returned and was residing AT Tho
Az ALLEGED CONSPIRACY AGAINST VIRTUE
1t Is alleged that OF TINS intimacy between Virtue
and Funk the one hand and Virtue and Miss Baloa
on the other grew conspiracy, the results OF when
were.soon apparent Funk arst induced virtue TO
purchase OF HIM his leases OF irving Hall and ada
cent building, Virtue agreeing TO pay Tor them $4,000
He did pay cash however, bnt gave instead his
proInssory notes subsequently, Virtue informed
Miss Ballou that regarded Fuuk the best friend
hc ever had expressed desire 10 give him SUBJ
stantal token OF his regard This he proposed dong
hv axacut n u IA
leaving the unpaid notcsone for 81 500 and another
ior az 00Oto be sued lor and collected out OF his
estate Miss Ballou says size strong objections
to this design and endeavored 10 persuade virtue
from it, telling him that he had friends who
had stronger claims upon him than General
Funk could have. Apparently among these friends
she included herself, or she accepted from hun
ninety nine ycars lease OF tho property No. II Dey
street, worth Sl 900 per year. In return for
the mag gniIcent consideration ol 81, OO0 Virtue also
sold to Miss Baou Tor 81, ,OOc--wich she says he had
borrowed her from time to time--a property In
Brooklyn, and So 900 was named as the consideration,
order, the answer alleges 10 enhance The value oi
the property in the eyes OF third parties Alter all
this MISS aOu suggested TO Virtue that In considera
tion 81 600 he should convey TO her in trust tor
Funk the Irving Hall lease, because Funk was bank
rupt and could accept It in his own name. Virtue
dd this and IL is to be assumed that she generously
paid the money while the promssory notes remained
unpaid and were sued ior by the persons 10 whom
General Funk had assigned them
CASE IN THE COURTS.
Mr. Virtue died August l5 1873 from apopleXy. after
an illness OF only three days He lett Il Will winch
dated September II. 1874, leaving his property TO
William Moore Sherll OF England his executors. This
will probated England and also here, and under
the latter probate the American administrators, Dan
lei Lord and Franklin b. Lord, were appointed The
adm instrators were sued IN the Court of Common
Pleas on OF tho gwen lor the Irving Hall
lease by George Cha. and Michael +. Chaie, to whom
they had been assigned and suit was also begun ia
the Superior Court by Maria Funk to gam possession
OF the Brooklyn property, which had becn
sold TO her for $1,000 by Miss Ballou. An
application made Judge Donohuc to stay pro-
ceedlngs 10 these suits, and temporary injunction
was granted. The argument will be heard today. tho
pisintT alleging that General Funk "pretendcd TO en-
iertan great friendship Tor him (Virtue) aud culti-
waited his society and companionship " every means
his power and encouraged US well us joined MIN III
acts Of dissipation and rotousness, and Sought ny
various methods to obtain an iniluence and mastery
over him winch would afterward be made use OF 10 tho
advantage OF himself, the said Augustus Funk that
the said defendant. Helen 5. Ballou ali hough she
claims be actress by profession, has not followed
that calling and has no apparent means oi subsistence
or of gaming a livelihood" &c. that tney .con-
spired together to cheat AMI defraud' Virtue,
and that tue proceedings to recover upon the
promssory notcs gwen by Virtue should not
only be stayed but that all the convey
Of property should be set aside on the or
fraud On the other hand the defendants claim that
the property gwen them in good faith, and that
there fraud or undue influence. All the aliega
tous OF the plaintiffs uened and The whole traps
action Is insisted upon only tangble expressicn
Ot his regard" from Virtue TO Funk.
Mr. d. Forrest Lord presented The case Tor the plain
t,fis. He followed by cx-Judge Hutchinson In
behalf OF Maria Funk and Charles w. Brooke Tor Gen.
era Funk ana Miss Baou. Randolph and Guggen-
hemer also appear for some OF the parties and the
Chafes arc represented by Algern0n 5. sullivan.