The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10
WINTER WAS GOOD TO SPRING,
BUT NOW SEEKS TO FORECLOSE
ON SPRINGS MORTGAGE.

nc bayB-A Iuie OF SuB anu rihOho
Affection in Foreclosure Suit.
Through what his counsel calls "a weak
ness for petticoats.' Daniel D. Brincker-
hon, a retired merchant, has got into legal
troubles. Mr.. Brinckerhoff Is past 10.
He was in court yesterday, before su-
preme Court Justice Blanchard, to hear his
lawyer argue against a motion made by
his former friend, Mrs. Elsie G. Oviatt. who
il comparatively youthful, for an injuno-
ton to restrain him from foreclosing a
5000 mortgage he holds on certain prop
erty at Bay Seventeenth street, Bath Beach,
which stands in Mrs. Oviatt's name. Mrs'
Oviatt asserts that her aged friend gave
her the money to buy the house as token
Of his platonio affection and regard, although
she has q live husband. Brinckerhof in
dignantly denies this statement and main
tains that he was swindled out Of the money
through the old confidence game That
Ia what his lawyer told Justice Blanchard
yesterday.
Papers submitted on the motion show
that Mrs. Oviatt and her aged friend first
met two years ago at the house OF Mrs.
Oviatt's mother. But that fact seems to
be the only one upon which both parties can
agree. Mrs. Oviatt says that Brinckerhoh
Immediately evinced great interest In
her romantic life story Of disappointed
love and ambition. The old man says that
he was taken over into a corner and asked
to listen to a long and elaborate tale OF
woe.
Brinckerhoff's lawyer, John G. West,
declares that his client has always had
fondness for anything and everything
clothed in female garb, and that he cannot
listen to a woman's plant without falling
victim to her wies, il she has any. MIR.
West says that Mrs. Oviatt was full OF wiles,
and all OF them related to inducing old
Brinckerhoff to part with his ready cash
Anyway, Mrs. Oviatt soon became pos,
sessed Of jewelry worth about $500, and
it. Again, he says, she came to him for
odd sums, and the doughbag was always
open.
About March last, as Brinckerhoh tells
1t, she told him that she and her mother
had discovered a fine house In Bath Beach
would soon bring SIS 900 In the market.
All she wanted was the $40 900, and on her
representations that she and he Ought 10
be providing for their old age"-it being
understood, according to Brinckerh hon, that
she was to marry him after OBTAINING 1d ga a
A few days later she startled him with
the announcement that she needed another
IS, 600 because the price OF the house mao
gone up. Brinckerhoff says he mistrusted
this last move, but gave up the money.
taking in security promise OF mortgage
He had the satisfaction. within few
hours OF learning from his bank that MIS-
Oviatt had cashed his two checks, aggre-
eating $4,000 and soon afterward, he says
IL harr
We are no longer friends. ELSIE
Brinckerhof Gays he woke up on re-
oeiving this and consulted his lawyer.
The latter told him that he would inter-
view Mrs. Oviatt.
Sure enough, she walked into Mr.. West's
Office. within few days. Mr.. west ad-
mits that he was never so astounded In his
life. He says that she wears all her Brinck-
erhoff jewelry all day, and the result is
dazzling. But he found her very in
traotable, for while his client was in the
other room she told Mr.. West. he says,
that she was -out to get all the old man
was giving away" and that, anyway. 1T
was worth at least 5000 to be willing
to stand for his society"
The result Of the interview was com
promise by which Mrs Oviatt was left
In possession Of everything, but consented
to give a IS, 900 mortgage on the house. The
understanding about this mortgage has
caused all the trouble.
Mr.. West drew up tnen ana Lnere an
agreement that. provided Mrs. Oviatt
continued to pay the interest the mort
gage was to he turned over to her on Brinok-
erhoff' q death This agreement was signed.
but Mrs. Oviatt seemed to have become
suspicious that Brinckerhoff may part
with the mortgage. and she has begun
an action to have the terms Of the agree
ment definitely interpreted. She wants
TO have the old man restrained from fore
closing, assigning or selling the bond and
mortgage.
This is the Brinckerhoff side Of the story.
Mrs. Oviatt says that she is the deluded
party, that Mr.. Brinckerhoff pretended
to be interested. In purely platonio way.
in her story of misfortune and in her child
ess condition She says that when he
learned that she was anxious to adopt
child he offered to help her by providing
the necessary funds, and thereafter she did
adopt a fiaxen haired boy. She Is bru-
nette.
AS to the house and the money, she says
| that he insisted on giving her lots of money
whether she wanted II or not but hne!!T
| he made her an insulting proposition which
she resented 80 Indignantly that he came
| forward willingly with proposal to com
| promise by legal settlement, in which
| abe was induced to sign the bond and mort
gage At the same time, she says, she
: insisted that the mortgage was t" be merely
| to protect her aged friends income for his
| life and was to lapse with his death.
| Justice Blanchard reserved decision