New-York tribune., 1906-03-17
FRAUD, SAYS MRS. POILLON
Woman Who Sued BrokazU Brings
ActiOn Il gainst OIcOtt Firm.

Alleging that the general release she gave to
the firm Of Black, Olcott. Gruber & Bonynge,
who represented her in her suit for alleged
breach Of promise against William Gould Bro
kaw, was obtained through fraud and misrepre-
sentatlon, Katherine Poillon yesterday began
suit against that firm to have the release set
aside and for an accounting Of the S17,5OO for
which the BrOkaw suit was settled. The firm
declares 1t lived up to its contract and will be
glad to prove it.
Henry ]. Goldsmith. the latest counsel for
the woman said yesterday that he had served
notice James ]. Fitzgerald. at one time her
counsel, directing him to show cause in the
Supreme Court why stay of his suit against
Mrs Poillon for 50 62J for alleged services in
the Brokaw should not issue. She makes
affidavit saying that she has brought suit
10 have the agreement TO pay Mr.. Fitzgerald
10 per cent of any moneys recovered in the
Brokaw case set aside. She calls the agree
ment absolutely and unqualihedly ineqUttable
and unconscionable" When presented TO her
by Mr. Fitzgerald it called for the payment of
only 10 per cent. she says. but Mr.. Olcott
changed it to 10 per cent and had her initial it.
This when Mr.. Olcott's firm was substituted
for Mr.. Fitzgerald.
Il signed the paper fully believing it was
necessary, as 1 had been advised by Mr.. Oh
cott and Mr.. Fitzgerald she says in her afti-
davit. Il did not realize that it meant the pay
ment of a large sum of money to Mr.. Fftz-
gerald"
She thinks S100 would fully compensate him
for the services he rendered her.
Regarding the services of Black, Olcott, Cru
Der & Bonynge who carried Mrs. Poillon's suit
for S2JOOOO against Mr.. Brokaw to settle
ment she says she does not regard them as
worth more than $1,000. She alleges she has
received only SCOTS 81 of the amount of the set
tlement and asks the court TO enter judgment
in her favor for the amount still due her ON
any accounting that may be ordered.
Mrs. Poillon further charges that she was in
duced TO sign a general release 10 the firm Of
Black Olcott Gruber & Bonynge, when, in Sep
tember 1905 she received $3.50 II. She al
Ieges that it was represented to her that the
paper was a receipt for the money.
The aftidayits of Mrs. Poillon show that the
BroiIaW suit settled last May. They also
show how often she changed lawyers. The
Brokaw suit first brought by House, Gross
man 6, Vorhaus. Then she wanted TO substi-
tute James w. Osborne, but found he was out
of town. She was told by Mr.. Hess, the for
her until Mr.. Osbornes return, but it would be
necessary to have a substitution of attorneys
at once Thereupon she signed a paper substi-
tuting Mr Fitzgerald. believing she was sub
sttuting Mr. Osborne.
w NJ X Olcott said last night: The suit OF
Mrs PoilIon is absurd although somewhat an
noying. We treated her fairly, exactly accord
This was Justified account of the difficulty
of the case. If anybody does not believe We
treated her justly we shall be only too glad 10
prove il on a trial. We hold her receipts and
have ample defence
Mr. Olcott says Mrs. Polon got from their
firm little over $500, although she states she
received no more than SCOTS 81.