The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1891-10-28
ITO be continued.
An ATTACHMENT GRANTED.
Suit against Ex-rrcsiaoot Ho&y For !.
Half II.I;icn Dollars.

NEW YORK, Oct 1G-J"lge i'atter
son, oJ the Supreme Court today, upcn
application Of Henry Sanford, president
of the Adams Express Company: grant
I'd all attachment against tiIe property
Of John Hoey, the deposed president Of
the company in a suit TO recover hail a
million dollars The attach EeHt was
granted OF the ground Of ron-rssI-
idence, Hoey's home being at Holly
wood. n. }. The attachment was at
once handed 70 Deputy Sheriff Stev-
ems.
The attachment Was secured upon
affidavit OF Frederick Lovej2y. the pres
ent Vice.presiden5 OF the Adams EX-
press Company. The summons attach
ed to the papers announces to Nj. Ioey
that if he defaults in appearing to an
swer the suit judgment will he taken
against him for $712,950 with interest
and costs.
Lovejoy, in his ailldavi', recites tine
history of the company, which IS a joint
stock association, and says that Hoey
was appointed manager CT the COM
pany on January 6, 1910, and las ever
since continued to act and is now act
ing as such. Hoey's elevator to the
trusteeshlp. vice presidency AID presI-
dency is then referred to. In all these
positions, lie says, Ioey occupied tidu-
ciary relation to the company and ha1
control of the funds and assets. II is
alleged that prior 10 March 1882, HoeY,
either individually or in connection
with other persons, acquired an inter
est in the business OF the New York
and Boston Dispatch Company, the
Kinsley Express Company anc the In
ion Express Company for S1l309o, the
full value at that time OF the interest
purchased. On that same day he sold
and transferred this interest to the
Adams Express Company for S30O,OQO
and in his official capacity caused
this sum to be transferred TO him
self and others out OF the funds
of the Adams Express Company,
and by so doing appropcia:es S216,-
9O5 out Of the $4,000 to his own
use and that of others III fraud OF the
rights of the Adams Express Company,
and in violation OF his duties as officer
and trustee.
This sum has been wholly lost to tn {
Adams Express Company. LoVeloy
continues that prior to March l.. 1888
Hoey, either individually or in connec-
tion with others, acquired tie remain
ing interest in the three specified chn-
panies for $sSO0O0 which was its full
value at the time On March Il, 1888,
Hoey sold it to the Adams EXpresS
Company for 100000, paying that sum
to himself and Others, while acting IN
iducary capacity, thus appropriat-
ing $420,000 Of the $500,09O to lis own
use and that CT others in fraud OF the
RIG hts Ct the ADAMS Express Company.
For these reasons it is cla raed that
there is now due the Adams Express
Company from the defendant the SIM
of $3.50. .9O5. Iti is alleged by Lovciay
that when Isaiah {. Babcock. the tor
mer treasurer o. the Adams company,
died in 1850, he WAS indebted 10 the
company for about Sl5iGOr. - order
to discharge this Indebtedness BAo-
cocks administrator gaze ltCcy, III MS
capacity as al officer of the company,
S16,Ol5. Hoey, it is ciia:g ad. did not
apply any portion Of this EloneE 10 the
discharge Of Babcock's Indebtedness,
nor did he pay it to The company:
Ioev, says L0rsjoy, Appropriated said
sum Of S16,0l5 to his own use and IN
fraud of the rights Of said Adams TX
press Company. Dy reason OF all these
facts, Lovejoy says cause OF acton
exists against lIoey, and the Eiain.lit
is entitled 30 recover Sll2..yO, With
interest on S276,gO5 from March %.
1882: OH $4,000 from March y, 1888,
and on $1,000 from February l. 1856.
The Sheritf's deputies secTed the at
tacilment upon the officers Of the South.
ern Express Company, the Farmers
Loan and Trust Company and tie
Adams Express Company. lloey has
no stock in the Adams Express Com
pany and at the offices OF tie other con-
Germs it was not known that he had any
property there. John Hoer could not.
be found il the city and deputy sherillS
could not serve the summons upon hlM
Go Slow, t:rls.
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