New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-04
THE COURTS.
MRS. LIBBIE SPANNOCH1AS SUIT.
SHE IS TRYING TO RECOVER FROM EH-JoD'f
LoEw LARGE PART OF HER FIRST


SHE is TRYING TO RECOVER FROM EX-JCDGE
IoEw LARGE PART OF HER FIRST
HUSBANDS ESTATE
TIL. second ATTEMPT of Mrs. Lbbie Spannochia
IN recover from ex Judge Frederick W. Loew, OF the
Court of Common Pleas. large portion OF the e.
tate OF her first husband Jacob Nanderpoei' "nich
she says she has been defrauded or was De-
gun yesterday in the Supreme Court before Justice
Andrews and jury.
Mrs Spannocha married 10 MI. Nannei-
noe, in 1873 They lived together for some years.
when a separation took place and she brought an
action against him for divorce In 1885, one year
before the death OF Mr.. Vanderpoe. VINO was
LAWYER she obtained a decree In her favor soon
afterward she married again and went TO Parls 10
live and has lived there since. Her hrst acton
was brought in the Court of Common Pleas against
ex-Judge Loew recover $4,000 damages which she
said she had sustained by reason OF MS misrepre-
sensations as to her first husbands property loew'
she said had been her friend. adviser. and attorney
In az her transactions. and she placed implicit ia'h
in him. She had signed releases and agreements
upon representations made by ex-Judge Loe" 'i'''
her husbands property was not worth more thah
SIS 0oo whereas after his death ii was discovered 10
be valued at over 100000 releasing all right OF
dover in her husbands property and all other
claims for $4,000 She that these releases were
obtained from her by fraud. and she brought a suit
for damages against Ioew. That action wheh
brought to trial. settled, II Is understood upon
10 recover her dover right in all her husbands
property including many valuable pieces in TINS
city and also $4,000 damages for Withholding IL
from her, upon the ground that the releases were
obtained by fraud. and that she was not aware OF
the contents OF the papers that she had signed ana
believed that she was simply signing away her
claim TO alimony, upon the payment OF s2o"V IN
stead of her claim to dover. The releases, which
were signed by Mrs; Spannochia, are set up as
bar to recovery in this action.
She was called to the stand, but only a few ques-
tions were asked her when the legal questions were
brought up by Joseph H. Choate. the counsel Tor
ex-Jttige I-oew Their discussion occupied the
greater part of the day Mr.. Choate insists that an
action OF this character cannot be maintained unti
the releases of dover removed and In any event
Il cannot be maintained until she returns what has
been paid her from the estate OF her first nus,
band. About this latter point Justice Andrews saiu
there seemed to be some doubt and ne PROMISED 10 TO
examine II tonight and decide about II wnen tne
trial is resumed to-day. John D. Townsend Is the
counsel for Mrs Spannochia He insisted that an
action for dover could be brought any time WITHIN
twenty years and that this action. being one where
fraud was charged, clearly maintainaple under
the recent rulings of the Court Of Appeals.
Mrs Spannochia and eX-Judge Loew. Doth OF
whom have lived in Paris for some years, came 70
this city recently for the purpose or trying the
case The trial will be resumed to-day.