New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-04
HYDE DEMURRER FILED.
Policy and Stock Holders Not Made
Defendants, 1t Is Said.
rRv TeleCraph to The Tribune. ]

.,hon,- oct 2-Attorney General Mayer has re-
ceived from the attorneys Of James Hazen hyae
demurrer to the complaint hleu III the ouPieiA0
ourt bv the Attorney General against the directors
80 tbo Eouitahie Life Assurance Society and calling
unon them to make restitution. The answer OF MF'
fJyde declares that the allegations do not consul
tute a cause OF action and that they nave oeen III
properly presented. These allegations lnoluoe'
That the individual defendants have fcepfeq sS
~ otbers in violation Of their duties: money. prop
erty and the of property properly oeonsl"s 10
hS That the defendant society entered into lease
,rjtb the Mercsntile Safe Deposit company at az
inadequate rental to the pecuniary disadvantage Oh
the & reetors permitted the defendant society
improperly and wastefuy to RurGnass ahS
the stock of the Missouri SaIe OspoSS,t ~ Mis-
souri, Safe Deposit Company had no assets eace9 9
the leases from the defendant society and the soou
That the directors and officers npr0p9ry aL to
make large excessive and unwarrantea loans ana
advances to agents, taxing as secetl 10y ~
sums of money which might become due 10 ao
agents IN future as renewal commissions upon IN
That the defendant company lost money through
National Bank Of the Untei States Of New-YoTk
That the she Mbeh we're
improper and largely in excess or the value OF ser
vices
The demurrer is urged on the following grounds
that That hs5s is dsfsS IF s ssH the
able Life Assurance Society of the United States
necessary parties to the action far as it relates
to the determination of their title to ownership OF
corporaon t and ps2euiary to deternnaon to
the pretended cause of action pufporttng to be set
forth in paragraph twenty-hrst of the complaint
that the stockholders Of the defendant, the Equta-
Bile Life Assurance Society of the United States are
m b 20 me 4Sqn , ~ m onersHip Of
6TG q he
poration, and particularly to determination OF the
in paragraph twentyfrst Of the complaint herein
That causes of action have been Improperly
causes Of action against the directors of the Equta
bic Life assurance Society Ct the nifsd sta5es
of the Code of Civil Procedure. to wit, (al 70 re
Bic Life Assurance Society of the United States, TO
account for their official conduct in the manage
committed to their charge; (b) to compel the said
@ and zach IF them to Pay so 80 as of the
United any money aFd fbe ne ba ase acdur
to themselves or transferred to Others or lost or
wasted by a violation of their duties, and 4c) to
moved as director or directors office officers Of
the said eoEPoraO6 are nn TED %h Of the
net surplus OF the defendant, the Equitable LILO
6aysn s5 S9ctfty thereon to the present
poiicyholders of said corporation -,..
That the causes of action have been Improperly
united in the said complaint TO wit:
(a) A cause of action against the detendant Tor
omissions on his part, with a cause of action with
regard TO alleged acts and omissions Of James w
Alexander and Thomas D. Jordan, set forth In the
seventeenth paragraph Of the complaints to aIlegel
acts and omissions Of the defendant, Chauncey NJ
Depew set forth in the eighteenth paragraph or
the complaint, and to alleged acts and Omissions sion
of James ". Alexander, Gage E. Tarben and Will
lam H Mcintyre set forth in the fourteentE para
graph of the complaint with none of which alleged
causes Of action this defendant is In way con-
nccted by the allegations of the complaint
Cb) A cause Of action for the removal from once
of various defendants who directors of the de-
fendant society, other than this defendant, with
cause or causes of action for accounting against
defendants other than this defendant. who are d.
rectors of said corporations
(cC A cause or causes of action for an accounting
against this defendant and others who are not di-
rectors of the defendant society with a cause or
causes of action for accounting against this de-
PENDANT. -
fd1 A cause or causes of action for an accounting
with respect to the management of the defendant
society before this defendant became director
thereof with a cause causes of action Tor an
accounting with respect to the management OF the
said society while this defendant was such oiFector
Attorney General Mayer said tonight that the
HYDE demurrer would be argued at term of the
Supreme Court to be held in New-York City in
November. II is believed that the final disposition
of the demurrers in the case VIII delay the trial
Of the real issues involved until next spring