New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-27
TWO MORE MUTUAL SUITS.
Com plains against McCardys and
hammond Company SerUed.


Two additional complaints served yes
terday in the series Of actions begun by the
Mutual Life Insurance Company against it's
! former president, Richard A. McCurdy; his son,
Robert H. McCurdy; his son-in-law, Louis A
/ Thebaud. and Charles H. Raymond of the firm
! Of C. H. Raymond & Co, the Metropolitan
! agency Charles II. Raymond, Louis A Thebaud
/ and Richard A. McCurdy are named in one COM
/ plant, which charges that fraudulent and cor
rupt conspiracy and agreement made be-
( tween them at or about the time OF the employ
ment in 1898 of Charles H. Raymond and Louis
A. Thebaud under the firm name Of c. H. Ray
mond & Co.. as the general agents of the COM
pany throughout this city and the suburbs.
The conspiracy charge is follows:
That or about the date Of the formation of
said partnership between the defendant Raymond
he p1rDose Of enricb6s he said patneTS6i' and
particularly the defendant ThebaUd. at the ex-
pense and cost Of the plaintiff cOrruptly and
IN the following snneT g Wit That ' in O' the
aforesaid business OF the said partnership as the
should be paid compensation out Of the funds Of
and unnecessary rates. and should in addition
from time 70 time be paid moneys out OF the funds
OF the plaintiff for which no consideration would
move 10 the plaintiff.
It IS further alleged that contracts were made
IN the name Of the Mutual with the Raymond
firm, and thus allowances and extra compensa-
ton Of the firm were fixed at exceedingly high
and unnecessary rates. The complaint charges
that 100000 was paid to c. H Raymond & Co.
practically gratuities and without any con-
sideration to the plaintiff. It says that the de-
PENDANT, Thebaud, made net profits out Of the
firm aggregating S77152S So. from 1895 to 1904
inclusive
This complaint also alleges that between jan
uary l, 1898 and November II. 1905. the de-
PENDANTS wrongfully and without authority took
S5O0OOO from the Mutual and converted it to
their own use. The plaintiff demands judgments
against the defendants for s., 25O 900 with in
terest The payments in this complaint the
same as those referred to in the eighth cause Of
the action Of the complaint served on Friday
against Richard A McCurdy alone but it is
now charged that these losses were caused by
a fraudulent conspiracy and agreement between
the three defendants.
The second complaint is against Charles H.
Raymond and Louis A Thebaud. It is directed
TO 100000 paid to the Raymond firm gratu-
tiles from January ]. 1893, to November II,
1905. It alleges:
That during the period from January J. 1898. to
November II, 1925, certain officers and agents OF
lawfully made certain payments aggregatIng not
70 the defendants, doing business under the name
and style Of Charles II. Raymond & Co., which
payments were not provided TO be made by any |
contract contracts, pretended contract con-
and the said partnership, the defendants, or
no confederation whatsoever moving from the said
partnership, or the defendants either OF them, to
This complaint further charges that the defend
Ing a3d oed 4easo 46 9a eI IHe means or
these payments were unauthorized and illegal and /
Piled them 10 their own benefit As a result of |
{ facts the conclusion is drawn that the de-
sum OK 5000 to compel the payment Of which /
John S. Wise, jr., counsel Of Thebaud and |
Raymond said last night regarding the com |
plants:
them b6aGss I6eT Heg sT T dt 9s able to sustain
merit The company has actually no ground upo1 /
drew the compas Which 9 5P Ttby z fhqSe Who
amount o. money; know neither the dates nor the
facts The complaints made up o1lv of al /
legged generalities. There is nothing SPECIFIC or |
definite about them. In one Of them the amount
d lem + SCI forth. The company claims large
Of u There bag not been anything like these
Mulberry Sellers. oLsi
When sir. Wise's attention was called 70 the |
fact that one OF the complaints practically ac- |
cuses his clients OF being guilty Of criminal acts
he said:
Yes But il IS guardedIy alleged on informa-
ton and belief so as TO protect the company |
and its officers from the consequences Of a direct
allegation. There is not a word Of truth in the
thing That is the size of it,"
Asked about the suits that he intends TO bring /
against the Mutual for breach Of contract with |
Theuaud and Raymond Mr.. Wise SAID they were
not started yet. as they had not decided how
much they would sue for. He said his clients
would not settle with the company, as they |
have nothing 10 settle"
Delaney Nicoll, counsel for the McCurdys !
refused 10 discuss the complaints.