New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-13
FLEISCHMANNS IN COURT
HEIRS OF DEAD BROTHERS AT ODDS
SEVERAL MILLIONS INVOLVED.

An action involving the liquidation OF the East
and Western business OF Fleisehmann q Co.
the yeast manufacturers ana ulstliiets, WAS DC
fore Justice Lawrence. OF the Supreme Court
SpeciaI Term Yesterday application for an
inspection OF the firm books and accounts. Sew
eral millions OF dollars are involved In the huSa-
ton. The business was organized ana Tor many
wears conducted by two brothers MaNimilisn and
Charles Fleischmann. Charles Fleischmann sur
vived his brother Msxnilian. but both are now
dead and this action is between the children anu
executors OF the two deceased partners for Haui-
dalton or the partnership business. The plaintins
are lido NJ Fleischmann and others. the nVe
minor children and legstees OF Macmillan Flesch-
mann. Their action is brought through Henry W.
Sackett their guardian au Item, by sacKett
Bacon & McQuaid. their attorneys. to obtain a
complete judicial settlement OF their rights In the
business and to aside certain contracts Ia re-
aton TO I that alleged to be void.
The plaintiffs Joined with their mother Jo-
hanna Fleischmann ia the application Tor the IN
spection of the firm books. Mrs. Johanna Fielseh-
mann. who is the sole surviving ehecutriT OF
her husband MACMILLAN FNeischmahn' was
/ made a defendant In the suit brought by her
children and makes Substantially the same al
legations in her answer as those contained IN the
complaint and asks for substantially the same re-
lief against her codefendants. the widow ana
three adult children of Charles Fleischmahh as
well q $ other parties who claim 10 nave sumo
interest In the business Ii appears from the com
plant and other motion papers that prior 10 I'so
the brothers Charles and Ma xmilian FleischInehh
had been carrying on d business OF great plopoi-
tions as manufacturers of yeast ana as uisuletS'
with branch of the business. called the Eastern
branch conducted IN New-fork and the other'
ca He'd the Western branch. in Cincinnati, ONO IN
addition this business conducted uhuei the
name Of Fleschmann & Co. the partners were aiso
! CARRYING on large business elsewhere. under the
| names of the Rdgewood Redistillng Company
| the Somerset Dstilling Company the Eastern DIS
! tilling Company the Baltimore MahutaetuFihs
! Company and the Buffalo Distng Company. IN
! a partnership agreement made between '"e
| brothers in 1889 it was provided:
1t is understood and agreed by the parties here
to- brothers and as partners lIat ~ Is I upas
wish to continue this au' # possible for
the interest and beneht OF their heirs 50 iai
either said parties hereto time during this
partnership the said partnership M bsness
thereafter in the same manner as II no dea.h h ha
represent the deceased partner therein and all In
terest he has, In trust TOT the DEMENT, u '"e
of such deceased partner
MAMMALIAN FIEIsCHMANN's WILL.
Macmillan Fleischmann died in 1880 and by ms
will he appointed as his executors his wife Jo-
| hanna: his brother Charles, and Jacob r. Bauer
tho manager Of the Eastern business. His Will pro-
vided that the property should be DIVIDED between
his wife and children according to the statute Vi
distribution of the State or NeW-fork' anu eA
pressed his earnest desire that the partnership
should not be dissolved by his death. and en1eiheo
upon his executors a sacred duty that the
business should be conducted and carried on ae-
cordine to the partnership agreement after his
death and that his share in the partnership prop
ertv should remain intact in the business as long
as the partnership continued. He ADDED
entreat the most amicable feelings shall prevail
between my executors in carrying on and conduct
ing said business and trust that my wi1e may oe
governed by the others of her coexecutors In rea-
| tion thereto.
Mr. Batter declined qualify as executor, SO that
the charge and control OF Macmillan Fieisch-
into
widow and his brother Charles While both broth
ers were living Macmillan Fleischmann had charge
of the Eastern part OF the business and Chares Oh
| the Western. The plaintiffs and Mrs Johanna
Fleischmann alese In their papers that Immediate
| ly upon the death OF Maxiniiisn f!eischmanh MS
brother Charles assumed exclusive control of both
! the Eastern and Western branches or the pnshess
and Mrs. Feischmann asserts that Charles flelsch-
mann at this time conceived the design or obtain
ing and proceeded to attempt TO obtain Tor hlseit
| individually and for his exclusive benefit the
whole business" OF the firm. and ali the goodwin
thereof and all the property thereof real ana per-
sonal and all the patents, copyrights, trademarks
| and all other property in violation OF the
partnership agreement aid Of the trust assumed
| by him as executor" 1t is further asserted that
Charles Fleischmann soon after the death OF his
brother persuaded the widow TO sign with him d
contract providing that he las sole surviving part
! ner of the firm OF Fleischmann & Co" should con-
! tinue 10 carry on the business and the goodwill
Of said business shall vest and remain in the said
| Charles Fleschmann."
GOVERNED BY HER COEXECUToRS.
The compliments further allege that Mrs. Maxi
milan Fleischmann was this time Inexperienced
and wholly ignorant OF business affairs; that she
had no knowledge OF the extent or value OF the
| business and on account of the relations existing
between her husband and her brother, and the
assumption by the brother of the trust committed
10 him in the will and the express directions con-
tanned in it that she should "be governed by the
others of her coexecutors." she reposed in him
great confidence and trust Therefore she executed
the paper. relying wholly on his statement that II
was necessary and proper to do so, without intend
ing to surrender any Of her rights, individually or
as executriX.
Her answer alleges that she had no opportunity
10 obtain independent legal advice, and she was
a that time in great distress. body and mind.
owing to her recent bereavement, and was entirely
helpless far s the conduct OF business "a
cerned. Moreover she was also unaware and ig-
norant OF the meaning and status in law of the
goodwill of the firm She contends that Cha rles
i Fleschmann never permitted her TO have any part
of the cement OF the business consulted her
regarding il. except that from time time she
executed the papers which the Court IL asked to
aside in reliance upon the statement OF Charles
| Fleischmsnn that II necessary and proper
for her do and that she kept In entire
ignorance Of the firms affairs methods OF bust
ness, its extent and magnitude. except what she
ga her-d from the statement OF profits rendered TO
her
The business was conducted In this way for
three years. after the death Macmillan
FIeschmann. and then, Mrs Fleischmann alleges
She persuaded by Charles Fleischmann to sign
paper by which the exclusive title OF the West
that she executed this without any knowledge OF
her rights of the value of the business East