New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-15
ACCOUNTS ALL IN A SNARL'
RECEIVER FOR A CONSTRUCTION COMPANY.
YEAR AND HALF DID NOT sCFfioI ~
srRAIGHrEN OUT ITS BOOKS.

a receiver has been appointed FOR the f'oi''" w.
structton Company, corporated in New-Jersey anu
charges are made that Its affairs are III "o''
state Of confusion. Judge Lacombe. In the onlleu
states Circuit Court, granted the application on July
and named ex.Judge Henry f. Rowland as the re-
cever. The papers were not filed NJ once a. -" 80
the parties to the suit have not yet been served Win
them. Tho petition for the appointment OK u ~
ceiver was presented by James H. Young ana Attn
Bishop Macon. Of this city. and the American Coh'
strIctiOn Company Of Illinois, through Hornpio"er,
Byrne q Taylor, their counsel Messrs. Young anu
Taylor only one share each OF the stock OF thc
Florida Construction Company, but are large hoioe''
OF the stock OF the American Construction company
which owns ,507 shares Of the Florida COMPANY
stock. The Jacksonville. Tampa and Key West haii-
road Company IS made O CO. defendant. An apphca"oi
was made In Florida last week for the appointment
Of receiver for the railway company's property
Judge Iacombe also granted Injunction TO prevent
the removal Of the papers, assets. etc.. OF the fio'u"
company from the jurisdiction OF tho court
The complaint says that the defendant constrnc-
ton company organized June -. 1881, Win
a capital stock Of 81. 100000. 1t WIS corpoated 10
construct and TO operate lines OF railways In New
Jersey, New-York and Florida. Tie directors are
Robert II. Coleman and Hugh NJ Maxwell, OF Penn
sylvania; Charles G. Deming and Archibald Rogers,
of New York, and l.. G. Demng, OF Massachusetts
The first four are directors In the railway company.
Mr. Coleman Is president OF both companies All"
T.. &. DeHlng Is secretary NeaSurti VI "N ''''
structon company and vice president Of the railway
company.
When the railway company formed, by the con-
sondation Of various lines the construction company
became entitled, under various contracts, to $slo-
300 par value Of the stock Of the railway company.
This was large majority Of the roads capital STOCK
The complaint charges that all the available assets
Of the construction company, as shown by the iaSt
balance Sheet Of september 80. 1891 arc In the
stock and debentures OF the railroad company and
that the other assets have no market value. ms
sheet shows the construction company to be Indebted
TO the railroad company $s21o43 80 On February
o. 1901, the figures were S223l7i 81 ana four months
later they had risen " $}2o,0Oo H.
William Pennington, Of counsel for the American
Construction Company, files an affidavit declaring
that he has for d year and a half with the AID VI
an expert accountant, been trying In vain TO uhder-
stand the books Of the construction company ana t"e
transactions between the two corporations. TIC says
that the accounts OF one company were "rohsi"hy
charged to the other and that all the books were SO
mixed, and the funds confused, rhat IL WIS im-
possible to the true state OF the account Oh te
construction company with the railway company lie
does not distinctly charge fraud, saying that he can
not tell whether fraud was committed or negligence
and error are to blame The balanoesheet OF sep
TENDER 80 loOl, gave the assets as S3,lOo,Ooo H.
The liabilities included the money due the RAILWAY
company $3.50 900 "a Of bills payable, Siooooo ior
concessions. and 1893, OIL So profit and loss
judy. Brown, In the Circuit Court, yesterday issued
nm order authorizing ex-Judge Rowland the receiver,
and his counsel james Byrne, to break open the saie
Of tho company, at No. 10 Wai[st, ana 10 open us
box In the Mercantile safe Deposit Compsny's vaults.
The receiver had been unable To get ~ ue papers
and assets as of the officers VI the company
In the city.
REMARKABLE COMPLAINT IN DIVORCE CASE.
IIedwig Ierbst hos begun a suit In the Supreme
Court against Robert IIertst the senior member OK
the firm OF Herbst Brothers, exporters, in Pcarrs1,
for an absolute divorce oie tells remarkable Story
in her complaint and the papers VIII be presented ~
the court to-day in motion which Will be MADE De-
fore Justice Andrews In Supreme Court Chambers TOT
allmony She says that she met Mr.. Herbst several
years ago. and acquaintance kept up for some
time Then She declares that Mr. Herbst advised her
that she was III and ought to TO Europe She std
that there was no need Of going to Europe. ho III
sisted but still she would 20. soon after she ao-
nounced TINS decisioD She alleges, she was druseea
and put on a steamer while In an unconscious conol'
ton. Upon the arrival OF the steamer ut Hamburg
declares, the csptnin OF the vessel sent her 10
private asylum where she remained for some Time
While there she received number OF letters from MI
IIerbst and ut first they exceedingly anecuonae
in character. Her Incarceration In the asylum began In
July leGO. Ia March, 1891, she received Il letter
from MIR. Herbst, saying that be had married another
woman and had one child by her. lie had not sent
her more than 500 In all the time that she had been
IN the asy lun, and after she got ont she did not have
enough money to pay her iars back to this country
she worked as a chambermaid, she declares, and Sc
cured enough money pay ler expenses In getting
back borne aud she came. After arriving here she
at once began suit foe m absolute divorce, alleging
that she been married 10 Herbst some time tefoo
she sent abroad.
Mr. Herbst was ut his place OF BUSINESS yes
terday and he absolutely refused 20 say anything
about the case Felix Murphy IL the counsei for the
plaintiff and Friend House represent the defendant.
Nonc of the counsel would give Information about the
case Mr. llerbst nves al one hundred and NJ y sec
ond 81 and the Hudson River