The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-10-17
HOEY'SILL GOTTEN GAINS
THE EXPRESS CoMPANY TAKES
STEPS TO RECOVER.

Attachments Granted Against ell the
ex-President's Property-The Sheriff
Unable co Find the Fallen Finan-
cier-If He Fails to Appear Judgment
VIII be Taken Against Him.
NEW YORK, Oct. 16.-Judge Patterson Of
the supreme court to-day, upon the sppiiea-
tion of Heary Sanford. president of the
Adams Express Company. granted an at
tachment against the property Of John
Hoey, the deposed president Of the COM
pany, In a suit TO recover over $500, 900 The
attachments were granted on the ground
Hollywood, n. J. The attachment was as
once handed to Deputy Sheriff Stevens.
The attachment was secured upon an
davit of Frederick Lovejoy. the present
vice president OF the Adams Express Com
pany. The summons attached to the papers
announces to Mr.. Hoey that II he fails in
appearing to answer to the suit Judgment
will be taken against him for S7l2, $50 with
interest aud costs.
HoEy's POSITION.
Mr.. Lovejoy, In his afIivavit, recites the
history OF tue company, whicn is a Joint
stock association. and says that Hoey was
appointed manager Of the company on
Jan. T. 1870, and has ever since continued
to act and is now acting as such. Hoey's
elevation to trusteeship, vice presidency
and presidency is then referred to. In all
these positions, he says, Hoey
occupied fiduciary relation to the COM
pany and had control OF the funds aud
assets. IL is alleged that prior TO March.
1889, Hoey, either individually, or in con-
nectton with other persons. acquired an
f.Nl L., eA,t ta..as " =.
and Boston Dispatch Company, the Kins-
ley Express Company and the Union Ex-
press Company for $780, ,005, 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 in his official capacity caused
this sum to be transferred TO himself and
others out of the funds of the Adams Ex-
press Company, and by so doing appro-
priated S276 905 out of the s350,0O0 TO his
own use and that Of others in the fraud on
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 SECOND SCOOP.
Mr.. Lovejoy continues that prior to March
IL. 1888, Hoey, either individually or in
connection with Others, acquired the res
naming interest in tho three specified conf
phnles lor ~oV,OVU, Wnlcn was lts Iuii value
at that time. On March 10, 1883, Hoey sold
it to the Adams Express Company for
$500, 900, paying that sum to himself and
others while acting in hduciary
capacity, thus apprc priating S420 GOO of the
S50O,O00 TO his own Use and that Of others
in fraud Of the rights OF the Adams Express
Company. For these reasons IL IS claimed
that there is now due the Adams Express
Company from the defendant the sum Of
1896. Dos
AN oUT-ANDsoUr STEAL.
It is alleged by Mr.. Lovejoy that when
Isaiah g. Babcock, former trea ,urer Of the
Adams Express Company, died In 1885, he
was indebted Co the company for about
$4,000 In order to discharge this in.
debtedness Babcock's administrator gave
Hoey, In his capacity as an officer of tho
company, Sl6,045. 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. Said Hoey.
says Mr.. Lovejoy, appropriated said sum of
l6,045 to his own use aud in fraud of the
rights Of said Adams Express Company.
BY reason of oil these facts Lovejoy says
cause OF action exists against Hoey and the
plaintiff is entitled to recover S7l2, $50,
with interest on S276, ,9O5 from March %.
1882; on 1920, 900 from March IL, 1888, and
on Sl6,045 from Feb. /, 1886.
SERVING ATTACHMENTS
The sherff's deputies served an attach-
ment upon the officers Of the Southern Ex-
press Company, Farmers Loan and Trust
Company and Adams Express Company.
Hoey has no stock in the Adams Express
Company, and at the offices Of the other
concerns it was not known that he had any
property there. Hoey could not be found
in the city, and the deputy sheriffs could
not serve the summons upon him.