The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-08-09
HERBERT D1cxsoNs ACCOUNTS
Ae1e,oo0 Shortage es Receiver .nd Referee
thnt His ErIrndn Made UP.

that His Friend. Made UP.
There fs pending In the Supreme Court. be-
fore Justice O'Brien. q suit for the partition OF
property left by the late Abner Mellen. ST..
Tho plaintiff in tho suit is Sarah E. Mellen.
one OF the heirs. and the defendants are Abner
Mellen. Maria l.. Kendall. and Helen J. Ban
ming. On Jan. 20 1880. Herbert Z. Dickson
was appointed by the Court to be receiver Of
the rents and profits OF the property involved
In the suit, which property consists Of the
lands and premises 2o4 Fifth avenue. GIG.
51s. and $50 East Seventeenth street, and .
| Mulberry street Tho receiver was directed to
| deposit with the Farmers Loan aud Trust
Company moneys coming into his hands as
receiver subsequent order OF the Court
| designated tho same Herbert f. Dickson
referee to sell tho property and deposit the
proceeds OF the sale with the same company.
subject to the order Of the Court. On Jan. 20.
1892 sale OF all the property was made by
the referees
On April IL. 1893. Mr.. Dickson resigned as
receiver and referee. and James A. Welch was
appointed in his stead.
| Papers filed yesterday In the partition suit
state that that substitution occurred under
conditions which were not learned before. be-
eeedinSs had been marked mot not to Oh be fied"
il :aS Asa SsS
H%sh assis;sa 'hs y MI = SP had
Ming Of this afidsyit caused tho curt to put
Dickson. and tbs heirs Of tho Mqlien estate:
@ or TsSf Wss
ns Sqf Its nT BY the
1888. Herbert E Dickson had collected rents
IN his, capacity OF receiver, amour tine to
he TO Sa ns aOsbe to
or. make good He had also sold property as
Sh tas sad
been unable t. pay or make good. The aida;
had asresd to maks good his de
cicnces In considerable on OF His being allowed to
resign MS reeefysrshD hut that n the settle
bIo FEB. 8 1904. had Leen deposited Instead OF
cash with tho Farmers Loan and Trust
The plaintiffs objection to the distribution
Of $4,000 cash among the defendants was that
maturity Of the notes. to 80 much Of their
share in cash. The decision Of Justice o 'Brlen,
nss aboss Is
= March. 1893" and describes the party Of
tho first Part as follows:
.. si6.r, bsk.Sn who .y s,S been en- eId,aySns
o. and % Gf rS
Concerning the amount OF the shortage and
the proposition to make 1t good. the agree
ment says:
After deduotng his commission aud lawful charges.
and not chsrsng interest Their. remains to be paid 10
aDavs lie .us Of sSSut Tne sss party en
swaynr) has within reach and which may DO ayaAcd
Of IN addition to the sums he represents S11 500 in
money aud ptomissory notes made by different indi.
1
trustee The rst party and those he represents desire
sum NEEDED MAKE good the deficiencies IN the said
accoun,s
Following Is the provisional promise made
by the heirs not to proceed against Mr.. Dick
son:
tension Of time or otherwise in any way to compro-
misc or qualify their rights against said Dickson.
Insy az nsr;O II ESDrs they or
ment the frst party shall have PLACED with the
above mentioned endorsed W nin without recourse.
and also sum OF money which shall be
suicent 70 pay such Liabilities IN fu the same shall
be accepted as payment in fun thereof
amount. paying for DicSsons friends Sl1.s0O
in cash and giving the ST.. 900 in notes Dick
son was for many years in the law Office Of Gen.
Swayne. when the latter was associated with
ern Union building: He has not been in that
Office now for about year and half
During the later years OF jay Gould's life Mr..
Dickson was his personal counsel. The firm
for Mr. Gould. Mr. Dickson was appointed
Postmaster. OF Shinnecock Hi by President
Harrison. Mr.. Dickson came from ST. Louis.
He has n fine family connection there. most OF
tie men Of the family 81 being connected With
city. Herbert L. Dickson has been one OF the
most popular men about town since he came
here eight years ago. He recently broke his
arm In u riding accident He Is a member OF |
the Manhattan. Lawyers. and Now York Yacht |