New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-18
GOULDS DENY JURISDICTION
ANSWER FILED IN ACTION TO RECOVER
AGAINST THE cAsTELLANEs.

An action was served yesterday in the sun %
Anton ]. Dittmar against George J. Gould E""i a.
| Gould, Howard Gould and Helen NJ Gouio' 40
trustees under the last will and testament OF Jay
Gould, u restrain them from continuing 70 pay -"
Countess and Count Boni de Casteliane the n'0S
| OF the Countess from the estate Of Jay joud-
The answer makes general denials. IT denies that
| George J. Gould is a citizen and resident %
! State Of New-York and that THE oeiehu'''s -'.S
no present intention Of returning TO the Ohl'eu
States" - 10
The defendants allege that the court mas no
jurisdiction over the Count and Countess oe
lane; that neither Of them has been serNeu 49,
the summons in the action, and mas not aPPe"i
IN il. that the court IS therefore, without Jursuc
ton to adjudica:e the alleged Indebtedness '"e
question Of payments 10 the Countess from tiIe
trust fund and has jurisdiction OF the suOSe
Of the action II is alleged that the complaint uos
NOT state facts sufficient constitute cause OF
action. The action not brought for me oeheh'
of all creditors at large similarly situated. Inc
plaintiff was the real party In interest the al
legged assignment and transfer 10 MIN OF the al
legged drafts and aceeptances were without consld-
Grafton and void. The alleged indeoteaneess NM
for goods sold BY Asher Wertheimer to BON, Count
de Cssteiisne' BV the law Of France. where the
drafts were accepted and payable. and also py me
the Wife or her estate not liable for the oepts
Of her husband and he had no power te 20 Her
alleged acceptances of said drafts were witno1t
She was NOT Indebted thereon TO Asher wertheimer
or his assgnees in any sum whatsoever.
The defendants also allege that Asher Werthelfner
induced the Count de Castellane 10 purchase Ihe
goods at exorbitant prices by false ana 1rauui--
LEM representations. with the intent 10 chedl anu
defraud the purchaser and that the drafts ana az
ceptances represent the proceeds OF cheat anu
fraud Wertheimer had begun an action at law
in Paris where the Count and Countess de las
teIlane lived in which issue had been duly joined
and the Indebtedness denied. That court had urls
dictiOn both of the parties and the subject OF te
action Previous TO the alleged assignment OF the
drafts and acceptances, the Count and countess
de Castelane had begun civil action IN Farls
against Asher Wertheimer and Julius ConeE q p,
Respectively. to have the sales OF goods %!
Wertheimer and the drafts and acceptances SCI
aside because Of the cheats and frauds ana the ae
PENDANTS had answered in the action ana supJsSStet
themselves 10 the jurisdiction of that court Ihat
action still pending. .;, -
The defendants allege that by the provisions OF
the last will Of jay Gould. annexed 10 Ine coth-
plant the action is not maintainaDie against the
defendants as trustees under the Will ,.,s
The answer asks that the complaint De ulsnllssSsu
and such other and further RELIEF be gIante1 a. =
deemed necessary. 1t is signed by Charles a Gar-
diner and sworn 10 by George J. Gould
The case came up for argument before justice
Blanchard in Special Term. Part l, OF the supreme
Court, yesterday Charles A. Gardner ana So!o77
mel 2 c. James appeared for the defendants anu
samuel Untermyer for the plaintlft Coroner JatLS
said he not ready TO go on with the al
and asked for adjournment Mr; CnteIin! q
agreed allow the TO go over II the
of $3.50 600 annually, granted by JusIce LeNenliI
10 the Count and Countess de Castellahe was az
lowed TO continue. This was agreed 10 aho JUS
tice Blanchard the argument Tor IhuTsuay'