The sun., 1900-12-18
= .IsilSWER
gainst the Bric-a-
Dealers. =,
IN LAWSUIT.
j That They Sold
spurious Goods and
dulged N False Represent
tntipnx to the Countess.

York, Dec. II. The injunction
begun by Anton Dittmar against
ge ]. Gould and the other trustees
he will OF the late Jay Gould to re-
In them from paying the income of
Countess Castellane to her pending |
kettlcInent Of her debts came up for
SpenI before Judge Blanchard in spe-
term, part one of the supreme court,
at the request of counsel for the
stees, went over till Thursday.
ZThe plaintiffs attorney at the same
me agreed to continue the stipulation
Eranged before Justice Leyentritt that
d allowance to the Castellanes at the
~ Of $250,000 a year should still be
he answer Of the count and countess
lie suit was served In it the de-
lants, on information and belief, deny
6e allegations in the first four para
Eraphs Of the complaint, and specifically
lthat part Of the fifth paragraph marked
kSixth, which alleges that the defend
Int, George J. Gould, is citizen and
Resident of the state of New York"
(The answer also denies the sixth para
E8raph of the complaint and every part
81 the seventh paragraph after and in
ling the words, 'The defendants have
no present intention of returning to the
Knitted States" all of the eighth para
'Eraph and all Of the ninth paragraph,
{except the allegation shat during the
ime therein mentioned the defendants
gastellane have been outside of the state
bf New York
JurIadfctfon Denied.
Their answer continues as follows:
These defendants aIlcge that this court has not
jurisdiction OF the person OF the defendants, Bon,
punt de Castelane, or Anna Gould, countess de
kstellane, the alleged debtors; that they have
either Of them been served with the summons
action and have not appeared herein; that
purt is therefore without jurisdiction to ad-
upon the alleged Indebtedness of said
nts or either Of them to the said plaintiff,
n also without jurisdiction to adiudicate
e question Of how much of the income Of
ssssSa trust is necessary to the proper sup
- zce Of said countess and for the
Pace and education of her chill
"a the Loui Jurisdiction to entertain
this Gear, has not jurisdiction oi
~ ~ 5 action
Such its allege that the complaint doe.
~ .uicient to constitute a cause o.
aus y defendants allege that there art
inhueho ave, or claim to be, creditors
ao,n,,a Could, countess de Castelane
q with this plaintiff, who claim
fthorityios IND that there is defect o
,;,,;nts IFS Of defendant in this action il
ei creditors at large not mad
EtS 10 as plaintiffs or defendants, no
,he drought as class action or for tn
all Asaid creditors at large similarly sit
aus Ter goes on to attack th
iff us being not the real party in in
1t Bays that at the time of the al
assignment Asher Wertheimer, th
lifts alleged assigner, was not tn
VI or holder of the drafts and accept
but had previously transferre
or large part thereof to Juliu
& Co, bankers, of london.
Charges of Fraud.
answer continues.
defendants allege that the alleged indeb
lRurporting to be represented by the a
Faits and aoceptances mentioned in tn
lt was for goods. wares and merchandis
the said Asher Wertheimer to the defent
|5ni, count de Castellane, husband of I'll
iefendant Anna Gould, countess de Caste
and not to the said countess; that by ii
Of the republic Of France, where said draf
accepted and payable, and also by the tern
certain antenuptial agreement between then
said wife or her estate is not liable for IL
Of her said husband, and he has pow
Charge her separate estate with said indebte
ss, that her alleged acceptances of said draf
ere wholly without consideration and were pr
hired BY fraud and were and are fraudulent al
old as to her and her separate estate and her i
ksrest in the income Of said trust fund in Il
nds OF these defendant trustees.
Nhe pretended Indebtedness was for good
- Is and merchandise sold by the said Ash
u elmer to the defendant Boni count de Ca
Rhe; that the said Wertheimer induced Il
ii Count de Castellane to purchase the sa
IDS, wares and merchandise at exorbita
ces by false and fraudulent representation
owingly made by him, to the character, a
uity, maker, cost and value OF said articl,
f7k b the intent to cheat and defraud the 50
lhaser ' The alleged acceptance Of sa
usHky the defendant Anna Gould, countess
Flame were also induced by said fraud a
h in ignorance thereof.