Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-10-17
NOT ONE CENT IN SIGHT
officers Fail to Find Any O
Hoey's Property.
is CHARGED WITH EMBBzzLBMBNq

NEW YORK, Oct. lT.-President Henr,
Sanford, OF the Adams Express company
has begun suit in the supreme court
against ex-President John Hoey to recovei
the sum Of S7i2 I5057, alleged to have beer
unlawfully converted to the use Of the de
fendant, and a writ of attachment was is
sued by Judge Patterson against Mr.
Hoey's property in this city None Of il
was found; neither was the ex-president
Charged with EmbezzlemeBt, Too.
In addition to the thousands of dollar
alleged to have been taken from the treas
ury Of the Adams Express company by th,
venerable ex-president, the papers set NJ
the claim that the further sum of SIC,
Oa557, paid to Mr.. Hoey by the administra
tors OF the estate of the late treasurer
Isaiah c. Babcock, in settlement of tht
amount due the company, was never ap
Piled for the expressed purpose, but con
verted to the use of the ex-presldent.
Deputy Sheriff Joel o. Stevens took th,
attachment and summons and proceeded
at once TO Delmonico's, Mr.. Hoey's tempo
rary home in New York. but the defend
ant could not be found II is said how
ever, that service will be acknowledged
today
MIR. Hoey win Fight.
Through his son Mr.. Hoey, who was al
Delmonico's, sent out word that he would
defend the suit Of the company, and woulc
be prepared to make statement to the
public soon. His counsel, Root g. Clark
had requested him not TO talk about the
case, and he could not go into particulars
The ex-president is a fighter and will
stand his ground. There is nodoubt about
that.
When he gets ready, the explanation Oh
all the charges Of fraud made against
him viii be made clear TO the satisfaction
OF his friends, It is said His ex-wicked
partner, Sherburne, now in Paris, will get
the oHus of the charges Assistant Deputy
Sheriff F. J. Burnes also attempted t.
reach Mr.. Hoey, but the servants at Del
monico's would not permit the officer tc
go to the ex-president's room.
Not Cent in Sight.
Sheriff's officers lost no time in serving
the attachment upon Secretary Marston
Of the Farmers Loan and Trust company,
- William street. but they found that
they were too late to stop the $22, 600 which
Mr.. Hoey drew from the institution last
Tuesday. The ex-president has kept 4
past but checked out the last dollar the
day Of his sudden deposition.
| Next the sheriff's men visited the South.
| ern Express company's Office and served
i the writ Of attachment upon Secretar,
| Iilley. Here, again, the officers found thai
Mr.. Hoey had sold out the last share OF
| his large holdings OF stock in the com.
| pany. Treasurer Hubbell, Of the Adams
Express company, was also served with
the attachment, but the only possible re.
naming interest of Mr.. Hoey was his DC.
tober salary of g., 400, and that had been
drawn several days ago. So the sherid's
men have not found penny's worth OF
property up to date
The Allegations Against Hoey.
The attachment against John Hoey was
issued upon the application Of Henry San.
ford, the new president, on the ground OF
nonrosidence, Mr.. Hoey's home being at
Hollywood, n. j., and upon the affidavit
of Frederick Lovejoy, the new vice presi-
dent, whose affidavit recites the history OF
the company, which is joint stock asso.
citation, and says that Mr. Hoey was ap.
pointed manager OF the company on Jan.
z, 1870, aud has ever since continued to act
and is now acting as such Hoey's eleya-
tion to the trusteeship, vice presidency
and the presidency is then referred TO- In
all Of these positions, he says, Hoey occu.
pied fiduciary relation to the company
and had control Of the funds.
The Express Purchase Deal
Prior to March o. 1882, It Is alleged, Mr..
Hoey either individually or in connection
with other persons acquired an interest in
the business of the New York and Boston
Dispatch company, the Kinsley Express
company and the Union Express company
for S75O95, 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 $3.50 900, and
10 his official capacity caused this sum to
be transferred TO himself and others out
OF the funds Of the Adams Express com
pany, and by so doing appropriated S276
900 out OF the $3.50, 900 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 an officer and
trustee. This sum has been wholly lost to
the Adams Express company.
The Company Out a7I2, 75O.B7.
| Continuing, Mr.. Bovejoy alleges that
prior 70 March IL, 1883, Hoey either indi-
| vidually or In connection with others, ac-
quired the remaining interest in the three
specified companies for $4,000, which was
its full value at that time On March u,
| 1888, Hoey sold it to the Adams for $500, :
600, paying that sum to himself aud others
while acting in iiduciary capacity, thus
appropriating s42O,0O Of the 500, 900 to his
own use aud that Of others in fraud of the
rights OF the Adams company. For these
reasons it is claimed that there is now due
the Adams Express company from the de
tendant the sum Of 1896, ,905. None of the
managers Of the company had any knowl-
edge OF these transactions until the facts
were brought out in the Sherburne suit
against Hoey.
1t IS further alleged by Vice President
Loyeloy that when Isaiah G. Babcock, the
former treasurer of the Adams company,
/ lied, in 1885, he was indebted to the com
pany for about $4,000. In order to dis
charge this Indebtedness Babcock's ad-
ministrator gave Hoey. in his capacity as
an officer Of the company. &l6.O45.57.
The said Hoey," said Mr.. Lovejoy, ZAP
propriated the said sum of $1B, ,045 So to his
| own use and in fraud of the rights of the
said Adams Express company"
BY reason of these facts Mr.. Loveiov
says cause of action exists against Hoey,
and the plaintiff is entitled to recover
s7l2, T50.57 with interest.
Few Discharges Ruined Hoey.
PHILADELPHIA, Oct I'LL is said that
the arbitrary discharge of half a dozen
truckmen in the Philadelphia branch Of
the Adams Express company, earning per-
haps not more than from $40 to SIS A week