The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-06-17
LLOYD ASPINWALL GAMBLED
SUR on A NOTE ron Sc, 100 END oRsED
BIZ MS BRo7HER.

Lloyd Says He Gave the Note to Pay Gam
bling Loose. at CanHeId's-wiiIinm II.
Does Not Rene mber Eudorsing the Note,
and Says that ~ He Did Il WINS Diverted.
motion came up before Justice Ingraham.
OF the Supreme Court. yesterday. in an action
oil the Bank OF the Metropolis to recover on n
note OF s.. 400 given by LLOYD Aepinwall, the
victim Of a number Of recent supplem entary
proceedings. to Lawyer John Delahunty and
deposited by the lawyer with the bunk for
collection. Mr.. Delahunty. in behalf Of the
bank. wanted the case on the short cause
calendar and Thomas +. Wentworth, counsel
for William II. Aspinwall. an endorser OF the
note and the main defendant. objected. saying
the suit. by reason OF the important defences
set up. would take more than an hour to try.
William II. Asp!nwnll, the brother Of Lloyd.
has put In a defence, and 1t is that defence
that made the audience prick up its ears.
Lawyer Wentworth said that William H. AS
pinwall knew nothing OF the note except what
he had learned from Lloyd. Lloyd said that
the note had been given in payment of various
sums OF money lost by Lloyd at tho establish
ment Of Richard A. Garfield in Vest Twenty
sixth street. William II. had set up the gam
bling act in defence and made other charges.
He contended that 1t was IL case Of usury. as
Lloyd had paid so bonus to Lawyer Della
hunty 10 discount the note. William II. also
averred that he had no recollection Of putting
his endorsement to the note. and TINT II he
had done so the note had been diverted from
the purposes for which 1t had been endorsed.
rs II had been represented that the note was
to be used BY Lloyd in his firm Of Rowland Il
Mr. Wentworth said that his client had en-
dorsed some notes in blank for Lloyd to be
used to deposit IN the Bank of North America
Pm dt fnant A.
not done so of late. and as he had endorsed
them In blank the note in suit might have
siderable time in the pigeon holes OF the firm
Mr. William II. Aspnwal had no recollection
Of the note at all, and wanted further informa-
An affidavit OF Mr.. Wentworth was presented
In which he said that he was unable to get an
summer. Mr.: Wentworth averred that he had
and saSseqaenty at the New S york Hospta
LLOYD mad told him of the circumstances I'M
der which he Lost the 1Ha Lloyd said
gambling and usury., In such case, how
ur such deiences. and will give him the in
formation concerning the debt"
graham that the case could be tried in three rec
minutes. "a the note had got into the hands
e. an n the bank AZ and the de-
the bank. He laid also that he knew nothing
about the alleged gambling. He presented an
-, The note was given to me for discount
The plaintiff paid me the full amount of tho
turned over and paid to the defendant. lloyd
Aspinwall. the full amount thereof SO received
by deponent less the legal rate of discount as
set forth in said answer Of said defendant to
be true they do not constitute defence
the plaintiff knew nothing about them. That
1t IS utterly false. as stated in said an
s sHtf Mns pna IL es a aS:
ing of said note and aeponent consentcd
to procure the discountinG Of said note solely /
for the purpose OF euabing defendant to take .
Bank of the Metropolis drawn by the defend- |
ant. Lloyd AspinwaiI and which had been !
Judgment which he had procured against the |
ddsiend4nts. Lloyd and William II. AsrinwnlI. |
trial is as to the question OF the alleged usur.
Gus payment of $50 BY the said Lloyd Asnln-
wall IN excess OF the legal rate OF interest"
under consideration. decided to put the cause
on the short cause calendar. and set it down
Although Mr.. Deiahunty appeared on the
motion before Juftico lngraham: he is not the
The bank lawyer j. Franeis scheI I'm now Win IN
Europe. who has offices with Mr.. Deiahunty.
When " rs NJ j.; Delehrnty was seen Yesterday he
transaction. lie said they were not after
Lloyd. but were after the man behind him
Worth 100000 meaning: 1t was understood.
IN IN So ne n Topd n, not SHOW
that it was a commercial transaction whom the
reporter asked for details US to how the obli-
cation had been incurred.
Mr.. Wentworth refused to speak OF the case
except to say that he could not sec how the
,ase could be tried In less than day. He said
hat he would be ready to prove his defence
when the case comes up next week. He is
,rotestsd checks Of LLOYD Even to Richard 'h 40
>anlield or his agents and returned unpaid,
md any books that will show Lloyd's gam
ling transactions. 1t will he contended that
he note was given to take up checks given In
he gambling transaction.
Lloyd Aspinwall refused to speak OF the case
i the New York Hospital yesterday. He was
Nth two, friends and seemed to have recov-
red his health He was smoking a cigarette.
friend OF his said that the gambling trans
ctlons referred to occurred last November
nd December.