New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-22
THE COURTS.

eIrJT BY JUDGE COWING'S FORMER WARD.
cu.pGING HIS GUARDIAN WITH CoNCEALING FROM
HIM THE VALUE OF CERTAIN BoNDS-THE
JUDGES DENIAL
George E. Tugnot has brought suit against
mis- brothern-law Judge Rufus B. Cowing, TO have de-
,ared void certain releases Of bonds alleged 10 nave
heen frauduleay obtained from the plaintiff BY the
will OF the late George Tugnot the father OF the PLAIN
iii Judge Cowing III. R De Milt and P. de p Ricketts,
were appointed executors and the defendant was aoe
general guardian OF the plaintiff who was then seven
,sen wears old Among the assets OF the estate were
FIRST and second mortgage bonds of the Lafayette Coal
Company secured by mortgages upon 5000 acres OF
land I'm Mexican County, Penn The share OF the pam
, as he alleges 81 6s5 of the first and S475O OF
Che second mortgage bonds. The lands In Mexican
county were bought in under foreclosure sale in june
1878 by Zlmri West as trustee Of the coal company
hoodhoders They were bought in because of the prob
ability that they would become valuable IA OIL tcrrl'
tory indications OF petroleum having been found upon
them. Bween October. 1878, and OCTOBER, le'9' MT
West sold part of the lands for SlOOOO0 In these
transactions Judge Cowing 1t is alleged in the COM
plaint acted guardian for the painful, VINO was SUM
under age and knew nothing of them When the plain
inf attained his majority, he alleges. Judge Cowng de-
yered TO him 81 600 Of the first mortgage bonds and
S475O OF the second mortgage bonds and DEMANDED
from him general release under representations lha1
ne was entitled to no more under the distribution Of
NioSN"OSN
attending meetings of the bondhoders and from con-
sung with the other executors that he knew noun
ing of the transactions OF the bondbOdeTs In july
1873, plaintiff alleges, he applied TO Judge Co"hS
for loan OF 81 800 being pressed for money The de-
fendsnt refused the oan but said that neither OF the
other executors cared to buy the coal company bonds
but he would give 81 600 for them The planH sRhef
the bill Of sale, still being lgnorant0 OF the high ~
the OIL lands, that the trustee. Mr. Vest mao alleau
in his hands large sums of money Tor the payment %
them Judge COwing subsequently cOiccteu III ln'eIes
and mart pripciDal on these bonds 1891 So Inc
plaintiff demands that tie release and OIL o. SAFE au
by hin be declared void beins frauduenty ODlheu
aud that the bonds, Win all the sums c'ectS9 bo
them be delivered the plaintiff together with SlOoOO
damages. -
In ms answer Judge C0wing says that guardian Tor
the plaintiff held bonds OF the coal company 10 IN
par value of only 80 600 that ia general settlement 10
August 1877 he pad 81 100 of the first mortgage anu
81 500 of the second mortgage bonds ana the ieteas
gwen was intended all the acts OF the defend
AMI AS guar dian At this time tie defendant knew nCl-
ing discovery OF oil on the lands IN Juy ~ >,
The plaintiff called upon him and wanted TO sell the
bonds The defendant diI not Yaut 10 buy but submit
ted the proposition the other executors Ihcy pro
posed that they should club together ana Duy lheln
The plaintiff however, did not accept the Oef ana III
plaintiff. bought teen. together with the palntiH ;
GAINS upon other bonds still remaining IN tue hhuH o
the executors plaintiffs 1ather 1he delenuaut
further claims that he fully fairly aud without conceal
ment performed the duties of GUARDIAN ana was guilty.
Of no fradd or Misrepresentation. - -
day granted order fer the examination OF the deehu
ant before trial Judge COwng Insisted Jhat the exam
should court AID the matter wac AZ
lourned until next Monday