Waterbury evening Democrat., 1906-05-10
APOTHECARIES
 HALL co CASE PRESIDENT KELLOGG TELLS STORY IN PROBATE COURT. He Claims the F. B. Rice Estate Owes the Drug Co About $25.- O0O-Expert Accountant
 Examined Books.

Alter numerous postponements
 the hearing on the application to ex.
 tend the time for filing claims
 against the estate of the late F. B.
 Rice took place to-day in the probate
 court before Judge Lowe Attorney
 Carmody apeared for l. P. Kellogg
 who as president of the Apothecaries
 Hall Co alleges to have discovered a claim for SPA ,000 or $25,00O against +. 5. Rice on the books of the com pany, and Attorney Root appeared for the estate. The time for filing the claims. six months, expired on October 28 last and the second six months expired on April 2S, but the
 application was filed with the court
 before that date and for various req
 sons the hearing has been postponed
 from time to time since. Only one
 witness was examined, I. P. Kellogg.
 MT Kellogg testified that F. B. Rice was his predecessor as president Of the Apotheearies' Hall Go and was elected on February last. From the time of MT Rice's death until February 6 the company was without a president. Last February he put an expert accountant to work on the books of the company and then came to light the alleged peculiar state of affairs that the late MT Rice drew money from both ends of the con- pany. the wholesale and the retail. whenever 1t seemed to please him. The entire claim amounts to between $24.000 and $25,000 and covers a period beginning in 1S96
 MT Rice had the voting majority and he fixed salaries and did every thing and anything that pleased him without consultation or interference of any member of the company. His word was law with the other stock holders. Everything he said or sug- geSted went.
 In reply to Attorney Root. MT Kel- logg stated that he entered up the sums MT Rice drew in the books. He knew MT Rice drew salary, but how much it was he did not know. Wit ness was made a director of the con- cern in 1903. He could have found out about this alleged claim six months ago had he examined the books, and 1t was on vote passed by the board of directors five weeks ago that the claim was presented now. To his knowledge the books were | never before examined.
 In his argument Attorney Carmody | said that no doubt MT Rice thought | he was entitled to the money, assum- Ing that he drew 1t, but it can bs shown that he had no right to it. IfI 1t is just claim it must be paid from | his estate; if 1t is not proper claim, we'll and good.
 A. E. Rice asked If claim could lot be presented against MT Kellogg Tor he has been drawing salary warrant for some time. Was there not as much justice in the ict of his father drawing money which he considered his salary as here is in the act of Mir Kellogg irawing money which he believes is ais salary? Attorney Carmody, who | was asked this question, said he could not answer it.
 Judge Lowe reserved decision. Whether or not he will grant the ap- ,lication will make little difference. If Mir Kellogg believes he has just .laim he will have to enter suit against Mir Rice's estate to collect it. For, assuming that the application is the claim will then be filed. put the administrator, A. E. Rice, will never pay it. Then the only way by which MT Kellogg can try to .ollect the claim is to bring suit. And this he will undoubtedly do.