New-York tribune., 1906-04-10
ANOTHER MCURDY SUIT
COMP4NT SEEKS s1,002, 81.
Conspiracy Charged-Peobody and
Tntermyer Exchange Shots.

%, srotl,er suit demanding the restitution OF
ora than 81 OO0o. The latest suit is against Rob
at Y NcCuriy son Of the former president and
rfot7ers a McCurdy. the father and il alleges a
-s-.c1- through which the company lost a total
- q ca2 81 &c Robert II. Mccurdy did not accom-
,snv his father abroad. and is said to have re-
,,afned behind TO direct the famiys defence in the
.,,lts which the Mutual Life is bringing against
them.
IT, new COMMA int recites that Robert H Nc
Cu-sv was made superintendent of the foreign de-
,,s-rrnent of the Mutual Life IN 1856 1t charges
that there was conspiracy unduly and unjustly to
enrich the defendant. Robert H McCurdy at the
expense OF the company. by maintaining his COM
-srsation on commission basis and at exorbitant
and urconsclorabe rates
The complaint alleges that in 1888 the defendant
Robert 4 McCurdy, while only twenty-four years
or age formed with Charles H Raymond a part
-e-sh!p which was thereafter and until 1898 en-
Moved rs z general agent Of the plaintiff in the
metropolitan district; that his interest in the firm
was one-fourth until the year 1856 when, simuta-
,eocsly with his appointment as superintendent 1t
was increased 20 one-half; that he continued an
Ecive member Of the firm until 1893. and received
theref-orn total prolts aggregating more than
Sse0p and that after his appointment TO the office
of superintendent he continued his connection with
the firm Notwithstanding that his duty was TO give
al his tir1e and energy 10 his Office
II IS also alleged that. pursuant 10 the conspiracy
~ the defendant President McCurdy placed the
compensation OF his son as superintendent q
commissions az exo-bitant and uncousconabe rates
and prevented their reduction just basis as the
volume Of foreign business grew.
During The years 1ss5 1905 both inclusive II IS
alleged. the total commissions paid 10 the de-
fe1daut Robert for his services as superintendent
were S22 81 Sc and II charged that the defendant
knew these commissions u he exorbitant and
considerable. and concealed their amount from the
plaintiff and its board OF trustees A fair com
pensaton the defendant, Robert for his services
500
aHruu il the year lssa, $1,000 per annum from 1880
1885. and $4,000 per annuu thereafter until he re-
signed n June. -Se. Judgment IS demanded for
gGl2S1 G5 IS the difference between the cornpensa-
tion actually paid and that which ought TO have
beer paid.
EAORBITANT COMMISSIONS ALLEGED.
The facts which uuderlje the action are the same
those stated in the ninth cause of action in the
complaint recently served IN the suit OF the com
palv against Richard A McCurdy alone In that
suit the charge thar through neglect and Vio-
lation OF duty M 3cCurdy had permitted his son
10 be paid exc-bicant commissions, but the charge
g. the. present complaint IS that father and son
actually coIs.ired 70 fix and maintain these COM
missions al eXorbitant rates
Nj Peabody, when asked about Mr.. Inter
myers charge that the suits brought against the
NcCurdys and others were not in good faith said:
That is al bCsh- DO you suppose for an in
slant that 3 nan Ike Joseph Il Choate would be
connected with any such suits + they were not
brought II good faithe'
There was further controversy yesterday between
Samuel Unternye-, counsel for the International
PoAcyholders' Committee, and President Peabody
of tle Mutual Life over The alleged connection OF
me 4atIer Win the Standard Oil combination. Il
began with q letter which President Peabody made
TloLc denying any connection with the RockefeI-
ler-Aorgac- Hartman combination. On Sunday Nf-
Jnte~uye- replied with letter which he had sent
- fis London correspondent outlining this same
connection.
NJ Peal ro5~- --,r-,
statement:
~ ~ ne counsel f2r Messrs- lawson and Fish. I do
some Of -he statements contained in II are tr-ie
1it The substance have already contradicted
" hen President Peabodv's statement was shown
ny l1[e-nyer tAe latter was indignant that he
should De characterized as counsel for Thomas "
Lawson. He said:
-rte-1atlonal FoIcyholders' Committee with M
.aTso.- 11tv-i1--s.ardlng repeated denials Of any
slch connection This seems be the entire stock
y I--s s % o. me Gentlemen who are opposing the
tie most Iusrfous men Of the coJIuf~y % t
-osIkee IN the movement from the most disin-
ss-+sl-1 motives Of public service. The committee
rap.dly being completed The law postpontng the
eec-i5n ~ mutual companies IS about ten days old
r - y Lefts tine 70 communicate with the foreign
con. SoIea5t.ee IS announced some gentlemen may re-
s'et mar they did not wait before speaking.
STATEMENT BASED on REPORTS.
~ FeaDOlE declined 10 go further into Mr.. In
te-myer's attack he did say, however. that his
statement that both M Lawson and Mr.. Fish
were clients OF Nj Unterulyer was based on news
paper reports which he took be correct He con
hrrled the report that the ranking officers Of the
!Ls committee, would confer with A. D. JuiIliard
l1--ay on the situation the United Kingdom,
s.--l- t-S been strained since the resignation OF
NJ Haidemau.
Because former attorneys for Frederick A Burn
nan george burlhsn. IT. and George D. Eldridge.
lLe 1tIelals Of the Mutual Reserve Life Insurance
-oip1lly. VINO are under Indictment for forgery In
t' -I-HtlDI with the alleged Justification OF the
corpa-y's books testified before the grand jury
"--r1 found The Indictments. Judge O'Sullivan
granted q motion yesterday that their attorney
decision ex-Assistant District Attorney Rand Will
make application for the dismissal OF the indict-
H'ei-s against Inc Mutual Reserve officials The
ceIe-dauIs TO have pleaded TO the indct-
--g has now been pOstpOIed until Thursday
mere was much speculation about the Criminal
courts Building yesterday over conference which
1-f- Tracy, foreman OF the April grand jury, had
win Recorder GOf. The general impression is that
Inc grand jury has about completed the work Of
sft.nG the usual run Of cases. and that II IS now
rgruey Jerome stl UP in against any
further investigation before the special grand jury
takes up The work.
yesterday that not likely that the committe,
would make 2 report ~ the meeting Of the New
York life trustees tomorrow This meeting vii
be devoted 70 routine matters. J. would have beer
important meeting had not the Armstrong
elections biz postponed the annual election until
Judge" Andrew Hamilton came down from Al
set been served IN the New York Life suits agains
him. and that the companys attorneys had forty
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