The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-11
NO RECEIVER FOR MRS. ELIAS.
DIVISION ALSO SETS
ASIDE the INJUNCTION
Restraining Her Prom Disposins CT Her
PrUrerty--Nothlns TO support Platts
Allegations Yet Adduced says Majority
One Judge Dissents From DeclSi II.


Hannah las won partial but sub
stantial victory yesterday in the suit brought
against fer by old John r. PGtt 70 recover
Il e $685. 3S5 wl ich Re said he had given
ler In the course OF the last decade. TIE
Appellate Divi ion reversed by "A majority
of four TO one Supreme Court Justice
Truax's order appointing IA receiver for
all her money and property and enJolnlng
Ter from in any way iii posing OF her prop
erty pending the result Of the main action
10 recover tie money
Justice Ingrahnm, writing the decision,
says in Part
i think tie order appointing the receiver
was unjustiiied. There was no property
in tie kunds Of Il ia defendant shown to
he the property of the plaintiff or 10 which
lie vas entitled. We may aseume tie facts
alleged in tie complaint are sufficient
allegations 10 sustain cause of action,
hut Lefore tie court Is justified in appoint
ing receiver tie facts upon wLicn such
relief is gra nted must DO proved by COM
etent legal evidence. think. taking all
Il eee facts togetl er, u at ueIe was no
evidence of the facts necessary to JUSTLY
tie granting Of such relief.
'lnere was Gel fanny nothing In the
relation OF these parties to justify per-
sumption that all the money in the hands
Of the appellant was obtained from PLAIN
tiiY by extorton or duiess, and there Is
an abeerce OF proof tlat the paintH was
not IN iun possession Of his lacuities or
taat whatever money he gave 10 tho ap-
peuant was not voluntarily gwen.
In the course of the olunion, Justice
InRrahaln also remarks, after review ing
the history Of the civil and criminal cases
up 70 the date OF the appointment OF toe
receiver.
record considering the statement Of tae
y.a.ntif upon hIs examination IN the
criminal proceeding. wntcn would justify
a sndlng Of facts sufficient TO sustain
cause 81 acton against anyo3J dis
examination would appear to disclose
man wncsa mental power vas CONSIDER
ably impaired, but there is no evidence
TO sloS taat wnen tae payments we're
made he was not in full possession OF nus
faculties and knew what he was dung, and
voluntarily gave the appellant any sum
OF -,.,o~-' ut he rnye Her.
Nor ] there any proof that the real
prc . rtv ov d ~ lie 4 ndfn ut Elias,
va IA d for b. the T "a ntiff. or " II money
f,rni.he, yine a nt.f or that the mt ney
d pos tel in the ncu banks al trust
c mi anies = a. furni h d b the pa nti1,
< u
( rn alton Il d b net, Z az the deten ant
f. u hGd no iut ans. e2 cept the moneys
ladt, h-l b. the pa NTH.
he whole ave Is tased solely upon the
rast that an O. Oh an hCd a .arge
Sims Of money e. negro Prostitute. AID
O olurt of equity Is therefore a'ktd TO
IL me n az all moneys IN the haI d OF Tn a
negro rrost.t"te came from the pa nt.f;
II ~ slo I'D pr cur d the money from
hum by frat or duress, a. that be y az
entitled TO recover from Ler everything
that she hcd.
a, | view it the plaintiff is no more
entitled TO an injunction in this action than
in any ca 80 in which a cause OF action is
alleged again It defendant. and the plain
tin then asks to sequestrate all OF the de-
PENDANTS property so that 1t may be held
TO applv to any Judgment which he may
obtain against the defendant
Gilbert II MONTAGUE Is the receiver ap-
pri1ted by Justice 1niax and he has OBJ
tanned possession Of almost all Hannah's
property except slll0Oo which Justice
T,eventritt recently directed Mrs. Elias and
y. W. Dugsn 10 turn over TO him.
Justice Hatch. the only one TO dissent
from the Appellate Divisions opinion,
thinks that the receivership and Injunction
should stand. on the To und that the papers
tend 10 show that the negro woman nad
established "A supreme and controlling
influence over the man and brought al out
in Platt "a weakness as Piuaoie as IL Is
deporable.s