The times. [volume] (Richmond, Va.) 1890-1903, 1893-05-21
ms ONLY $4,000 i YEAR.
Reasons why Jacob Lorillard Shouldn't
Paya 81, 200 Note.


Perhaps some persons who read In the
sun recently that Mr. Jacob Loril-
lard had set up as a defense to an action
brought by the Lenox Hill Bank 10 recover
on a note Of 5000 that he required all
Of his income Of $4,000 a year to live on
wondered what he did with so much
money The Sun reporter tried to ind
out Mr.. Lorilard was not in town TO
explain. but Mr.. sweezy, Of Glover
Sweezv & Glover, his attorneys, en-
deavored TO do so. Mr. Sweezy said that
IL was a mistake TO suppose that Mr..
Lorillard lives eXtravagantly. His income
probably does not equal one-quarter or
the amount spent annually by his broth
ers. Louis and Pierre. lie has wife ana
three children. and his servants bring
the number of his household up 10 twenty.
Mr.. Sweezy said also that Mr. Lorillard
had no steam yacht, and nothing more
ambitious i'm that direction than a haphtha
launch.
Although he is a member OF the Century
and Union clubs. he has for several years
had no town house but has lived IN a
retired way at Westchester Mr.. Sweehy
said further that the claim against MIR.
I.orillard was morally unjust. He had
endorsed the note, although he had re-
celved no consideration therefor.
oft is one Of a number Of similar notes,
he added. given 10 Pell and Simm )as,
the bank wrecEers. They received them
by fraudulent representations. untortu-
nately this particular note was given 10
the Lenox Hill Bank, which these men
controlled, and the books were manlpu-
lated so that the bank was made to app Ear
L. Of
law saws that when a commercial paper
is obtained by fraud. but gets into the
hands of an innocent party. the latter
must he protected and the maker OF
tho note cannot plead the fraud as a de-
ferge. That is why such defense ca
moi avail i'm the case Of this note. tiite-n
thousand dollars worth Of similar notes
held by the Sixth National Bank were
sued upOn some time ago. but the DOORS
had not been so successfully manipulated
I'm that bank and our defense OF lrauu
was sustained.
.Nrr Lorirlard's income Is derived from
property left in trust by his father TWEEN
tv-six years ago At his death the prin-
cinal will 20 TO his children. Mr.. Lort-
lard is fifty years old, and man OF quiet
tastes SO far as our contention that Mt.
Iorillard requires $4,000 year 10 live on
Is concerned such a plea is by no means
novel Where a testator leaves property
I'm trust to provide an income to support
the lesatee in the style in which he has
been accustomed to live the courts VIII
usually sustain the devotion OF the IN
come 10 that purpose. We contend that
Mr. Lorillard requires $4,000 TO support
himself and his family In the style they
have been accustomed 10 live in
There have been several instances with
no
upheld contentious similar 70 Mrs. Loril-
lard's Several years ago the creditors OF
Howell Osborn tried TO recover by levy
ing upon the income of the 100000 left
I'm trust for his support by his father.
Howell was then cutting a dash in Paris,
and was maintaining Fay Templeton In
great style
The creditors tried to prove his extrava-
rance 10 prove that he did not require all
Of his income Of S250O0 10 live on but the
courts held that $4,000 was no more than
was required 10 support him In the style
10 which he had been accustomed before
his fathers death. and refused TO dis
turb the trust 10 paw his debts.
The Duchess Of Marlborough made
plea similar in purpose but different In
form when she asked 20 have her allow
ance from the estate left in trust by her
husband increased In order 20 enable her
to live in the style TO which she was ae-
custOmed.
a year ago the guardian OF baby
heiress applied 10 the Supreme Court OF
this State for an allowance OF 5000 a
year for the baby's support. alleging that
Il was necessary TO provide the baby with
the comforts to which her station in life
entitled her.
A somewhat different case was that OF
Judge Miles Beach, who was sued for
money lost IN stock transactions. and set
up as a defense that he had no property
but his salary Of 1880 a year, all OF
which he required to live In style be-