The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-12-18
COUNT Bl)NI'S DUE BILLS
Plea Of the Gould Family in the
$1,000, 600 Suit.
They Claim That Under the ante
NuptiaI Contract Between Their
Sister Anna and De CasteIIane the
Wife Has No Right to Accept
Drafts Exeeuted by Her Husband.

NEW YORK, Dec 1s.-The suit by
which Anton J. Dittmar and other credi-
tors OF the Count and Countess de Cas-
tellane expect to compel payment of S4,-
o0e.0ee worth of French debts out of the
American estate of Jay Gould. father of
the Countess. came up yesterday before
the special term of the Supreme Court
Col. E. c. James. counsel for the Goulds,
was not ready 10 defend the suit. and he
asked for and obtained an adjournment
until Thursday. the court permitting the
allowance Of S25o.OOe a year 10 Anna
| Gould de Castellane to continue until
then.
George J. Gould. Edwin Gould. Helen NJ.
| Gould. and Howard Gould. trustees under
the win of Jay Gould. then fled their an
swer to Dittmar's complaint In effect
they alleged that the bill of Antor Wer-
theiner for bric-a-brac, antiquities, ETC..
which bill was ASST gned to Dittrnar, was
a fraudulent bill, inasnueh as the goods
furnished were not genuine, and that
Count Bon; de Castellane had been cheat
ed by those who now seek TO collect from
him large sums for worthless articles.
The Goulds further set up a technical
i Claim that there was an aRte-nuptiaI con
tract between Anna Gould and Count Boni
/ that she should retain separate rights in
her estate; that when she endorsed and
accepted Count de Gsstelane's drafts and
notes she did so without his written con-
sent; that he, furthermore, had no legal
| right 20 give his consent to her accept
aHce and endorsement Of drafts and notes
| Tor the payment OF his own debts, AID that
such drafts and aceeptances are, there
/ fore, nut and void.
This answer shows that When Count
| Boni de Castellane wished TO buy, say
| S1,000,0o0 worth OF bric-a-brae pictures.
| and antiquities fo- his Paris mansion and
I his country chateau, and did rot have the
| ready cash 10 pay for them, he daZzled the
/ dealers with stories Of his millionaire
] American wife's dopry. and Of the $40.
! n00.eo0 trust fund ir her name. Hees gave
! the dealers notes and drafts signed By him
] self and formally accepted By his wife.
/ which we're then regarded by the dealers
as worth their face value in gold bat
/ which are now repudiated by the Count,
! the Countess. and The Countess brothers
/ and sisters in America as having 10 legal
power to bind the Gould estate 10 honor
1 them.
! Seine Of the allegations in the Complaint
4 are as follows:
These defendants aIlege that the pre-
! tended indebtedness puTpoTted TO be rep
resented by the alleged drafts ard accep-
/ tances mentioned in the complaint, was for
/ goods sold By Asher Wertheimer to the.
! defendant. Boni, Count de CasteIIane; that
/ the said Wertheimer induced the said
/ Count de casteIlane tc purchase the said
! goods. al ex0rhitant prices. By false and
! fraudulent representations, knowingly
made by bin, as to the character, antiuTli-
ty. maker, cost. and value OF said articles.
with the intent TO cheat and defTaud the
! said purchaser, that in said transactions
he did knowingly and purposeIy cheat and
| defr2Ed said purchaser, and said drafts
| and said acceptance represent the pro-
/ ce6ds Of said cheat and fraud; that the al
! legged aceeptanees Of said drafts BIZ the de-
! PENDANT, Anna Gould, Countess de CasteI-
/ lane, were also induced by said fraud. ana
are fraudulent and void.
The defendants aEege that by an
! 2nte-nuptial contract entered into be-
| tween the Count and Countess de Cas-
| tllane it was therein agreed that thzir
| marriage should be under the status
1 known in France as separation Of
| property rights. These defendants fur
! Their allege that under and by virtue Of
| the laws OF France. the acceptance. Of a
| draft by . married woman who has a
| separation OF property for her husband
| does not constitute q joint and several
| liability. That by virtue of the civil law
| OF france such an acceptance by a mar
| ried woman under contract for separ-
| ate property jointly with her husband
| constitutes only simple promise. and as
| such has no binding effect. and conSti-
/ tutes no charge upon her separate estate:
| that by virtue of the laws Of France an
| acceptance of drafts or bills of exchange
| by married woman having a contract
| for separation Of property is invalid
| and void without the authorization in
writing of the husband of the said mar
ried woman To accept such drafts CT bills
OF exchange, and that husband has no
| capacity or power to give his said wife
! valid authority to accept such drafts to
| charge ner separate estate where the ac-
cepta1ce of said drafts is for the pur-
/ pose OF guaranteeing the payments of
/ debts contracted by the said husband,
and that all OF the alleged drafts and ac-
ceptauces set forth in the complaint.
given by Count Boni de CasteIIane in
payment for alleged indebtedness. are.