New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-03
INTERVIEWS ANSWER IN.
Declares They We're WaSb Sales,
Counsel asserts.
SAYS PLAINTIFFS DEFRAUDED HIM.

On the application of counsel for Thomas a.
Ennis and Charles Z. Stoppani. of the firm OF Ennis
& Stoppani. bankers and brokers, at No. "a New
st, Manhattan, Justice Dickey, in the Supreme
Court, Brooklyn, yesterday granted attachment
against the property of Maurice Untermyer, in
action brought against him by Ennis & Stoppani.
to recover $251592 o. the money, alleged having
been lost in stock transactions in Wall Street in
which Mr.. Untermyer the principal.
Maurice Untermyer, who is a brother Of Samuel
Untermyer, is at Genevt, Switzerland and left
this country with his wife on May 20 last. The
attachment is granted on the ground that he has
been absent from the United States more than
SIX months without designating a person on
whom legal papers could be served. Justice Dickey
also granted order for the service of the sum-
mons in the action by publication.
1t appears. according TO the affdavits on which
the attachment was granted. that Mr. Untermyer
speculated In stocks through Ennis & Stoppani
on margin and that the transactions involved in
the action were made between August %, 1901, and
November 20 1892. 1t is understood, although not
disclosed in the papers, that the stock purchased
chiefly United States Steel
1t is alleged by the plaintiff that since the pur-
chases were made the price of the stock has great
ly declined, and that Mr. Untermyer has neglected
and refused TO put up further margins. On No
vernber Is last Mr.. Untermyer was informed by
Ennis & Stoppani by cable that unless he advanced
the necessary margin the stock would be sold at
his account ard risk He replied to the cable mes
sage, but did not advance the margins. The
transactions involved $4,000, it is said It is al
legged the stocks were sold at a loss in the open
market, and the suit is brought to recover the diff
ference between the purCh asing price and the sum
realized at the sale
The Sheriff received the attachment, and Deputy
Sheriff Wallace served copies Of It on officers of
two trust companies and two banks. A deputy
sheriff attached carriage and sleigh belonging to
Untermyer A lis pendens has been fled against
Lots to and II 10 l6. partition map of lands Of
William Hickman, deceased, dated November, 1850
IN Section 3, land map of the city of New-Yor1 by
Ennis StCppani.
Randolph Guggenheimer, of Guggenheimer. Inter
myer & Marshall, said:
Maurice Unternayer resigned from our firm be
cause Of i'll health. He had opera ton performed
for appendicitis. after which he went to Europe TO
reGuperate. and is there now a few days ago he
cabled to US and asked to look out for his in
terests in the suit and file an answer. The answer
has been fled Mr.. CnteTmyer claims that the
business transactions he had with Ennis s. stoppani
were wash sales aud that he has been defrauded
by the firm. He told US that they were holding
stocks margin for him and that ne had had an
understanding with Ennis & StOppauI that they
were 10 carry them on his account. Instead, he
tells us. they closed him out and now demand
money. That is all know, far. about the
matter