The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-12
ROCKEFELLER VS.. 'TARDELL.
JOHN d., THROUGH ATTORNEY,
TAKES ACCl SERS ROLE.
Virgil p. Kline Says That in the CorriEan
Case Miss Tarbeil Must Have Relied
on COrrlgan's Petition Instead Of on
the Testimony on Which Case Was Lost.

on COrrlgan's Petition Instead OF on
the Testimony on which Case Was Lost.
Virgil p Kline of Cleveland gave out
yesterday the following statement
In the July. 1905, number Of McClurs's
Magazine appea II an article entitled John
ID. Rockefeller, Il Character Study, by liza
M. Tarbell,' in which partial and mis-
leading account is given of the case OF
Corrigan ,s,1Rockefeer. finally determined
in Mr.. RocKefeller's favor by the Supreme
Court OF Ohio come years ago
Having been one of the counsel for MIR.
Rockefeller in that case, deem it my duty
to make n brief statement of the real trans
action, inasmuch as the insinuations OF tie
article ars 80 unwarranted by the facts
which appear in evidence, and which are
matter Of public record.
On the 10th of February, 1895, Mr.. Cor
rgan was indebted to Mr.. Rockefeller in
the sum of upward OF s4l5oO0 OF this sum
over $25.0O0 was interest past due, while
large portion of the principal had also
matued. Mr.. Rookie Teller had also adj
vanced. on account of an iron mining com
pany in which Mr.. Corrigan wac interested
over $500 900. which was secured in part
by Endorsements of Mr. Corrgan and in
part by deposits of his stock in that com
pany.
In this situation of the Indebtedness,
MIR. Corrigan. needing more money, entered
into a contract on that date with Mr.. Rookie
Teller, by the terms of which, among other
things, he sold to Mr.. Rockefeller $500
shares of Standard Trust certificates, so
called, at the then market price Of $l6s
per share, and out of the proceeds received
$4,000 in cash, together with about 1850
shares of his stock in the mining company,
for his present Use, the remainder Of the
purchase money being applied. under the
terms Of the contract, with certain securi-
ties, to the ultimate working out of the
indebtedness
On June 80 1897 more than two years
thereafter, Mr. Corrigan fled a petition
in the Court of Common Pleas of Cuyahoga
county, Ohio, against Mr.. Rockefeller In
which he charged that Mr.. Rockefeller,
bearing fiduciary relationship toward him
as trustee, for the purpose of acquiring
his stock ut less than its true value had
made false representations to him as to the
condition of the Standard Oil Trust and the
value Of its shares; that he had also Ia ken
advantage of his ignorance of the real
value of the shares and of his embarrassed
condition to obtain from him an unfair bar
gain, and. to induce him to make the sale,
had represented to him that the shares
were not worth the price paid therefor.
Mr.. Rockefeller, by his answer filed in
the case promptly denied all these averments
Rv aereement Of tbe narties' the issues
thus made were referred to William G
york and william A lynch of Canton.
Ohio three able LAWYERS of the highest
personal integrity. al arbitrators to deter
nine nj, the ss,,es Of law and fact. The a gree
ment further provided that upon their de-
termination Of the case judgment should
~,,.,tk Il
the ies exchanged bonds guaranteeing
The antrv of iIdgment as the same should
be awarded by the nrbitrators.
Tha ,rh;tr5,ors Iis,enrd carefully md
,ot;antlv 70 oil tbn ev;[enra offered on both
SIDES There was no book or document
called for hy the plairtifI in the investiga-
,ion which wns not nromntiy produced.
and the arbitntors expressed themselves
"a entirely satisfied With the frankness
and fIlness with which information had been.
S,rniuha,, wv Mr. Rnckefeller
II nn,,aa rsd from The evi,cnce that the
;,do,'tppddnass Of NJ Cnrrigan tn Mr. Rocke-
faner was Of lonr stonding hepinninp in
iese incr,,, sad IN iss7 and cain Increased
T., ,soa =, the a,tant Of sio5 ono in the midst
~ ,n'' 'o y,,' ,ha. ,eon. HAT mo Standard
T ~ VIZ nrtiGc,.,a e ,d i.em left with him
a., u n"llo,nrni secnr;tv Win newer TO sell.
w. IN, ~ 80 -, ,,orrina 10 ;,dehted
r unSs Nd hecn r,,neatn[Iiv ,snawed and in
zoo. a.. bad haan tho ca,o MANY times he
NJ, I,,,,;,,,, uu,, O., In in do
s, W.. ,h o. t. ,rinc;,' al and interest
. 20 n,' W. ponLafa,,hr ,,,i'rnt have sold >,,t
~, s , m,inr thn ,,n,ycr if he had
'' 49, ~ va -. w y, Wv -
Co.. "a ,t ,,;,sta,i,- and carsrul
,,t.; ,ba az i, az" ,,,,iI4. the foI,n,v
ne; INA ;,, ="
ing ue 'j '', Anil On $500 s,;d nv
~, atr, no bo ,i fi,l,, i',er,.d al Tine
.,i,. 80, w., ,,,n,;,toi 10 thnm
liai 20, CIV ni'i.r,d ,ha oIlegntion. nf
anu .h na,ins ,I'n .a,,tin,on, snhni,tad and
wv, VIZ ta',o, NV 80 ,,9,,nSai md h,;ny f,Liv
W. 90 IL, ~, ~ ,'e .,,nS 10 harehv ma ke
@ ~, "a Wv, W. ,u,orJ ~ w;t.
'' a,l' Thnr G,l ard de,ermine tho issues
;;i - :y,;d no,i''n L., Fny,r az the do
SS oi,IGu ~ sd ,Int 10 j.; nnt;ti.d to In va
iei iI w, di,,,saI ,,,,n H.. ,,ar;ts ,Sitb
,"a,,, 1919 o,ra;rt No ,,laintir
~. n,,rsa of the;r 'nm ,sneolino in
thn ,hird nerson, thew said.
81 h 40 n,,, sntis,in, hv tha evif]ence that
tho 'in5rva. of actual fraud set forth in
no onm,1o;rt against the defendant are
,nt MAD IN Tho contrary the evidences
I os isatis6ad them hat the defendant made
me n,,rchase Of the stock in question in
gnnd Faith and Mt what he relieved TO -
f. fn,i vnl,e and n fair nrica and that he
.aid not Ilse thc circumstances or nece,-
S;ties Of the plaintitf as n means of ext ortiny
from him eli her the nurchase of the stock
ar H.. n,,rrhnse at an innroner or insufficient
,,,, tar,t I'm an, tbn. Ie >,ns act,atoi