The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1891-10-27
AN ATTACHMENT GRANTED.
Salt Against Ex-Presidsns aocy For a
BaIf Mutton DoIIars.

~ nabhsou Doitars.
NEW York, Oct. 16.--Judge Patter-
son, OF the Supreme Court to-day, upon
application of Henry Sanford, president
OF the Adams Express Company, grant
cd an attachment against the property
OF John Hoey, the deposed president of
the company in a suit to recover half a
million dollars. The attachment was
granted on the ground of pon-resi-
idence, HOey's home being at Holly
wood, N. j.. The attachment was at
once handed to Deputy Sheriff Stev-
ems.
The attachment was secured upon
affidavit of Frederick Lovejoy, the pres.
emit Vice-President of the Adams Ex-
press Company. The summons attach
ed to the papers announces to Mr.. Hoey
that IL he defaults in appearing to an.
swer the suit judgment will be taken
against him for S712,950 with interest
and costs.
Lovejoy, in his affidavit, recites the
history of the company, which is a joint
was appointed manager of the COM
pdny on January 9, 1870, and has ever
since continued to act and is now act
ing rs such. Hoey's elevation to the
trusteeshlp, vice presidency and presi-
dency Is then referred to. In all these
positions, he says, Hoey occupied a fidu-
ciary relation to the company and had
control OF the funds and assets. 1t is
alleged that prior to March 1882, Hoey,
either individually or in connection
with other persons, acquired IN inter-
est in the business of the New York
and Boston, Dispatch Company, the
kinsley Express Company and the I'm
ion Express Company for S73,095, the
fnll Unlnn nf fhaf ft,,,n ~ tho trfp,NaN
purchased. On that anne day he sold
and transferred this interest to the
Adams Express Company for $500 900
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 appropriates 1885,
9O5 out Of the $35O,OOO to his own
use and that of others in fraud of the
rights of the Adams Express Company,
and in violation of his duties as officer
ana trustee.
This sum has been wholly lost to tn g
Adams Express Company. Lovejoy
continues that prior to March IL, 1888,
Hoey, either individually or in connec-
ton with others, acquired the remain
panies for $4,000, which vas it's full
value Mt the time. On March IL, 1888,
Hoey sold it to the Adams Express
Company for $4,000, paying that sum
to himself and others, while acting in
a liduciarv capacity, thus appropriate
ing $4,000 of the $5OO,OOO to his own
use and that of others in fraud of the
rights of the Adams Express Company.
For these reasons it is claimed that
there is now due the Adams Express
Company from the defendant the sum
of $G96,905. 1t is alleged by Lovejoy
that when Isaiah G. Babcock, the for
mer treasurer of the Adams Company,
died in 1885, he was indebted to the
company for about $4,000. In order
to discharge this Indebtedness Bah
cocks administrator gave Hoey, in his
capacity as an officer of the company,
$16,O45. Hoey, it is charged, did not
apply any portion of this money to the
discharge Of BabcOck's Indebtedness,
nor did he pay it to the company.
Hoey, says Lovejoy, appropriated said
sum Of $lG,O45 to his own use and in
fraud Of the rights Of said Adams EX-
press Company. BY reason of all these
facts, Lovejoy says cause of action
exists against IIoey, and the plaintiff
Is entitled to recover $712. $50, with
interest on $27G sos from March 25,
1882; on $4,000 from March IL, 1888,
and on $16,O45 from February 1. 1886.
The SiIeriff's deputies served the at
tachment upon the officers of the South,
ern Express Company, the Farma,s'
Loan and Trust Company and the
Adams Express Company. IIoey has
no stock in the Adams Express Com
pany ard at the Offices of the other con-
Germs it was not known that he had any
property there. John Hoey could not.
be found in the city and deputy sherlffs
could not serve the summons upon him
She Opened Fire.