New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-22
THE BOOTH-GILLLG CASE.
APPLICATION MADE FOR A RECEIVER.
Mr.. eu.LIG WANTS 10 PER CENT OF THE PRO
t CEEps OF THE BooTH-BAnRETr


COMBINATIONS.
An application made on behalf Of Horny T. Gillg,
formerly manager Of the American Exchange IN bu'
rope, for tho appointment of receiver Of the pro
ceeds Of tho Booth-Barrctt combination and Tor an
accounting, heard before Justice Patterson ~
the supreme Court, Chambers yesterday. Mr. ob,
fig's claim is that Mr. Barrett was in staitenea
circumstances four years ago. Mr. Giliis, being q
prominent stakeholder Of the American Exchange anu
its manager, induced the directors TO answer for INC
actors liabilities BY the of an agreement WIN
MIR. Barrett, entered into February 10, 1850, nc
was TO pay Mr. Gillig for his good offices In 'hiS
transaction 10 per cent OF his gross earnings as al
actor every week until the claim was paid. Aoou'
81 800 was thus paid to him, and then the payments
stopped.
The plaintiff AYERS that at the time this agreement
was made the combination with Mr.. Booth vas
contemplated, and that this had an important III.
Auence upon him in inducing him 10 act IN behan Oh
Mr. Barrett The latter received from the Exchange
loan of $4,000, and whom Mr.. Barnett was asker
it would be paid he replied to Mr.. Gilig; Henry
YOU know can settle It, for II you will help me
will be placed upon my feet and can make the
contract with Mr. Booth In June, 1885, Mt. BAT
rett paid the Exchange all but $4,000 Of the money
advanced and since that time, It IS alleged, ne mas
refused to pay Mr.. Gillig tho 10 per cont Oh ms
gross earnings each week Mr. Gtlig insists uia'
This be paid, and says that the contract was made
The case Of the plaintiff was presented by Gruper,
'Rard & Landon, and Colonel Robert G. lnsenoh
appeared for the defendant, Mr. Barrett and for MI
Booth, who Is also made party defendant
Colonel Ingerso said that the contract was either
between Mr. Barrett and Mr.. Ginig personally VI
it was between Mr.. barrett and the Exchange. AS
Mr. GnHg was manager OF tho Exchange, ne wouil
hardly like TO admit that the agreement was personal
because he would thereby put himself In the posiuoh
OF taking fee for securing loans from his own
company He said that Mr. Barrett did business with
Mr. Gllligs company prior TO February 1900 ~
that time It desired 30 close ifs accounts with nun
and was inconvcniently pressing Mr. Giihg hen
agreed 10 obtain renewal OF the accep'ahoes VI
Mr.. BarTetfs paper.
"Tbe only question: said Colonel Ingerson, = IS
whether the 10 per cent was bribery Of MI Glig or
payment TO the American Exchange In Europe, Lin
tied suppose the first TO be true The actor is put
In the position Of paying $4,000 year Tor haWhs
loan Of 100000 carried; for during the period ioiio"
ing the signing OF the agreement his gross receipts
were $1,000 weekly. AZ tho same time this pawn
broker shop known as the American Exchange 10 bu-
rope Limited. was charging twenty-five per cent
month on the loan and holding security worth soo,OOO
Colonel Ingersol maintained that the agreement was
TO pay 10 per cent Of the net earnings, not 10 MI
GiIIg but 10 the Exchange. The season OF 1850 was
comparatively unfruItful and he paid only S2iSoO
prior 10 1856 In that year he paid $4,000 because
he had received notice that the concern would not
carry him any longer II then alleged that
SCI 900 was sim due but examination 10 was found
that Mr.. Barrett had paid draft for which he had
not been credited that he had been charged twice
for another draft and that oyerlTan ot $1,000
which he had never drawn against Tim on The
books In short Il found thai he had put in e94OC
more than no had taken out.
The present suit was brought 10 force com
promise two years ago when the Exchange vas on It's
last legs and Il was entered IN number Of states
and Territories. The allegation which the applica-
fon for receiver based thai Mr. Jarrett was N
solvent vas nonsenslcal He was worth over 100000
above all liabilities.
H. J.. Iandon on behalf Of tho plaintiff. said that
Mr. Barrett could not be financially sound, as there
was mortgage Of 100000 some property belong
ing 10 him. Aliid4vifs by Cillig and by Treasurer
Dickinson, OF the Exchange, on one SIDE, ana by
Barrett and Booth on The other sustaining the views
presented BY their counsel presented and the
counsel were given five days 10 put IN additional am
davis
Many desirable things, including board and rooms
aud Lc,,cchoid and otier holm advertised tho