The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-23
A MYSTERIOUS SUIT.
The Claim for $4,000 Against
Cornelius ]. Vanderbilt.
WHO IS MR.. BERNSTEIN !?
Interviews with the Lawyers
on Either Side.

HERALD reporter called on Mr.. Scott Lord. Cor |
neius ]. vanderbilts attorney yesterday to inquire
into the merits of the Bernstein suit for $4,000
against his client It Is alleged that in the year
1878 Mr.. Vanderbilt borrowed money at different |
times and in varous sums. to the amount Of
100000, OF zachariah L. Simmons. Tho purpose
for which this money used, it Is said, was to
carry his suits against the estate in tho Wander
bilt VIII written paper bond 1t is claimed.
given to pay back $4,000 of this money
as the borrower should get favorable ver-
dict in the will case, soon the suits should
be settled. For reason. which does not appear
Mr. Simmons sold this bond note to Bernstein.
who is now bringing action against Mr.. Vanderbilt
to recover $4,000. Mr. Richard s. Newcomb. part
ner of Judge Cardozo. and an attorney for Bern
stein, says that his client is not as has been re-
ported. ''Dan" Bernstein, the ex-cigar dealer but
man of wealth and position. whose identity cannot
be discovered.
MIR. LonDs STATEMENT
Mr.. Scott Lord was asked what he knew about the
case. He replied :-'I have never seen tho paper,
copy of which is attached to Mr.. Bernstein's COM
plant" f
''what is claimed against Mr.. vanderbilt?'
"The copy of the paper attached to the complaint"
answered Mr.. Lord "recites the proceedings in the
matter of the probate of tho will Of Cornelius Van
derbilt deceased. on allegations filed by Mrs. LIE
Bau. which. if successful it also states would result
in giving him Cornelius ]. Vanderbilt onetenth of
the estate Of his deceased father. The instrument
further recites that G. j. Vanderbilt desires pay
said Simmons certain moneys due him from which
he Cornelius j. Wonderfully had been released by
proceedings in bankruptcy. and also to show his APP
probation of said Simmons during twenty
years. In consideration of these premises and
Of dollar. If such proceedings We're sue
cessful the same settled, Cornelius j. Vanderbilt
would pay Simmons $4,000 out OF any moneys that
he might receive. 1t is this that Mr.. Bernstein
has sued CorneliusJ. Vanderbilt for the payment to
him of $4,000. Mr.. Vanderbilt. the defendant.
answers. alleging that such paper writing was exc
cuted without any consideration. unless such debt
discharged in bankruptcy was partial considers
ton; ALSO that such debt. appears by the proceed
ings IN bankruptcy did not exceed the Of $500.
and that it has since been paid" sre'
The reporter asked Mr.. Lord II he had any objcc-
tions to printing this answer In the HERALD. He
said that Mr. Newcomb did not object to printing
the complaint he would not object to the printing
of the answer. which is us follows:-
Supreme Court Now fork county Isaac Bernstein VS..
Cornelius J. Vanderbilt. - /.
the complaint of the complainant herein = rt.
As ss to
1d S w5 b
s
knowledge information sufficient. to form belief
IS S s~s 81 ss
swering AYERS that whether said Zaciarah E. Simmons
@ fsss I'M fa h ss tho
said defendant further answering. admits that demand
tie has r
ing denies each and every allegation in said complaint
Sesmd~For second and further defence said defendant
alleges that the paper writing or G5gs'on executed Sy
eo%piaa Is annsxod shefeto marked A was ozssstsd
delivered by said defendant without consdcrn-
y
ThirdAnd for third and further defence the desen-
s ns aa' i % ss n to a s
leased proceedings in bankruptcy did exceed tho
al s IS s such nssS sass.
America for the district Of Conneccnt and said defen
Writing or obligation and before the commencemens Of
,s all s S from sS % said
have been paid BY doisn dant TO said simmons,
LORD 4 LORD. Attorneys for Defendant
PUT EXPENSE. Us,
Mr.. Lords attention was then called to o para.
graph III a morning paper i'll which Mr.. Newcomb
sums Of money to Mr. Vanderbilt for the purpose Of
defeating the will. He said-"I have 70 knowledge
derbilt to aid him in any not in
the Vanderbilt will case. Mr.. Vanderbilt was not
contestant he had no control the case, and he
paid dollar OF the expenses to my knowledge
lie did have suit involving many questions of the
will case; he also had another suit growing out of
the withdrawal of the allegations filed by him. This
latter suit reached for trial and Mr.. Vanderbilt
put to some expense on account of it; but
beyond this know or no moneys being expended
In the Vanderbilt litiaatons by Cornelius J. Wander
bilt."
say about Mr.. Bernsteins claim assigned to him by
Mr.. simmons.
II never heard of the claim" he rejoined. ''until
recently; not until my return from Europe in the
latter part of October. SD
'.were there any papers besides this one?"
Il understand that Mr.. simmons claims to hold
another paper signed by himself (Siinmonsl, which
rectes different consideration from the considers
ton stated the paper alleged to be signed by Mr..
Vanderbilt and that it Is claimed that this paper,
signed by Mr.. simmons, was executed at tho
same Tune .na' .rS paper s,sheo oy mr. t
this. for such transaction would have made tho
papers one instrument and they would have been
counted on as one instrument or treated as ono in
Vanderbilt" continued Mr.. Lord. Ito say that ho
AYERS that he never knew of tho execution OF any
such second paper. and heard Of it until after
his return from Europe in September"
The reporter asked Mr. Lord US to his opinion of
the proceedings. The lawyer replitd:-"As I am
counsel for MIR. Vanderbilt my views will BIO
MIR. Vanderbilt has no very distinct recollection of
the circumstances under which the paper IA copy of
which is attached to the complaintl was executed.
perhaps he had received the $4,000 900 which
such paper seems to have anticipates he would have
paid the amount caimcd but can hardly think
would pay so large sum out of u suit which only
involved sl.o0o0o0 According to strict and literal
reading OF the paper rs set forth IL Mr.. Vanderbilt
had received in u settlement but $4,000 he would
have had to pay the whole amount so received to
MIR. simmons.
Mr.. NKwcoMp SHIELDS HIS CLIENT.
Leaving Mr. Lord, the reporter called on Richard
S. Nowcomb, attorney for Mr. Bernstein. He said
that he had no inclination to say anything about the
case; he did not believe in trying the news
papers in advance OF their trial in court. He
Thought the public would be influenced tho wrong
way, the harm OF both parties. Politely aud
gracefully. lac declined To give copy of tho CON-
plant for publication, as IL might do injury.
Likewise no graciously declined to give Mr.
Bernstcin's initials us no said 'thc man" would DO
bounded down by reporters. and allowed neither
peace. slcop rest. As for his address IL could
be found; there many Bernsteins In the
directory there wore John smiths. and there
not enough reporters in tho city to ind his client
Besides. he prominent man, well known In
business circles; man OF wealth and influence and
q able to take OF himself and IL pressed too
closely no would DO capt to get away with M in
terviowcr who attempted to crowd him beyond
reason.
The reporter asked Mr.. Ncwcomb IL hc (the re-
porter could see tho original bond given by Mr..