The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-06
UBRIEN & CLARK IN COURT.
A RECEIVER OF THE PROPERTY OF THE
FIRM APPOINTED.
Mr.. ODrfen Says that Henan CLARK mas
Overdrawa HIS Account More Than
O1Oo, ooo-Suit Brought for the Disso-
tuition OF the rlrn-A Wall Street Runner

Mr.. o'Driea Says that Henan CLARK Mas
Overdrawa HIS Account More Than
O0,ooo-Snit Brought for the Disso.
Iution OF the Firn-A wall Street Runsr
PouaHKEErs1E. Aug. 5.-To.day Judge Bar
nard appointed James w. Hinckley receiver
OF the property Of the firm Of O'Brien h Clark
OF New York noueduct fame. The appoint
mont was made upon the application OF the
FITS National Bank OF Rhinebeck. Two judy
ments were fled against the firm In favor OF
the bank. one for $1,14l.20 and the other for
S4,4s1.s7. On his examination in supplement-
ay proceedings before Referee NJ. V. B.
Schuyler Of Rhinebeck short time ago. John
O'Brien testified a. follows:
Il reside in Rhinebeck and have for eiRh-
teen years past; am member OF the firm OF
O'Brien 4 Clark. The firm consists OF myself.
Heman Clark. and John H. Mooney. Edward
Kesrney has an interest In MONEYS share.
Clark resides at Portchester Westchester
county Clark and I represent about three
quarters Of the property. Mooney resides In
New York city. Kearney resides there also.
Tho place OF business OF the firm Is 40 Wall
street, New York. am familiar with those two
Judgments. The moneys were advanced by the
bank for the benefit Of O'Brien h Clark. We
claim Of the city of New York on the aQueduct
contract about $4.000000. An action against
1npraham and Jury. Actions IRE pending as
to five other stations. We arc prosecuting an
appeal from the judgment Of the court. About
S2500O is held In reserve BY the city on the
engineers certificates. l claim 1t as due now.
don't know whom the city claims 1t Ia due.
Tho ten per cent. Is subject 10 suit. The
firm has an action against the Long Island
Railroad for $4,000. We have tools and
machinery. but cau't say what 1t is all worth.
We have an equity Of redemption on certain
real estate. 1t is up In High Bridge Park. New
York. 1t has been condemned by the city for
park purposes 1t has been appraised at $780,
600. Our firm has mn account with tho MtMo
ris Bank. also with the American Elk change
NO balance worth speaking OF in either. The
American Exchange has an assignment OF our
claim ON Section b OF the aUueduct OF como
$4,000. We claim $4,000 on the section"
John OBrien has also instituted suit for
the dissolution OF the firm OF O'Brien 4 Clark
on the ground that Clark has overdrawn his
account 100000 or more. The papers are re-
turnable before Judge Barnard on Saturday
morning. Judge Guernsey is O'Brisn's At
torney. and J. W. Hinckley has been appointed
general receiver.
Neither Of the partners Of O'Bren d Clark
who reside in this city was to be found last
ment behind the recetvership. Tho firm has
recently been employing a large array OF
counsel to press It's immense clai agnlnst
the city for extra work on the aIueduct viii h
was thrown out by the court after long trial
tie orc n struck jury.
Heman Clark. who had been q successful
! builder OF railroads and bridges in tho West
before he undertook the large share OF the
aQueduct CONTRACT which the firm executed.
! was supposed to be the wealthiest member OF
the firm. and The statement that 10 has over
| drawn his account $100.0)U nr more. and that
| Mr. O'Brisn Is suing on that account for dis
| solution OF the firm. will be surprise.
| In q recent drop in Southern securities ihere
| was story atioat that a large loan had been
called on one oi the aqneduct contractors. but
| IT was report that it WIS impossible to con-
| frn. ami there were many reports Tying 81
! that time.
nsr,nership disagreement Is ,somethina
not altogether without precedent In the his
| tory OF the firm. Mr.. Clark l. n Rernb lean
| Mr. O'Btien Is a Democrat. and was formerly
| Chairman OF the Democratic State Committec
| Mr. Clark used to lament the amount OF atten-
| ton devoted to politics bv his partner. In
May. 1883. MIR. O'Brien announced that he was
out Of politics.
Aaueduct Commissioner Baldwin testified
| before the Senate In. estigating Committee In
| 1888 that H-man CLARK had been heavs
| speculator In stock. Mr.. CLARK went into
the LOUISVILLE and Nashville directory In 1884
after Mr.. Baldwins retirement from the Presi
| dency OF the road.