The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-15
RECEIVER FOR DELNONICO'S
ASKED ron BYTHE COEXECCTOR
AND THE COHEIR.

II Is Alleged That Miss Josephine del.
mOnicO's Control Threatens 10 he Dis
astrOus Firm OF Accountants Has
Been summing the business 10 Months
Lorenzo Crist Delmonico and Albert
Thieript, one Of the executors Of the estate
of Miss Rosa Delmonico, ave begun an
action in the Supreme Court to oust Miss
Josephine Crist Delmonico from the man
sgement OF the famous restaurant bust
ness and to have a receiver put in charge
pending a winding up and sale.
Papers on al application for a receiver
ship were submitted yesterday to Supreme
Court Justice Bowling by Lawyer Solomon
Hanford, representing Mr.. Delmonico and
Mr.. Thieriot, but at the request Of Henry
Major, counsel for Miss Delmonico, the
Justice postponed argument for a week.
Mr.. Hanford said that the concern was
by no means in~solvent. but that it was 20
prevent the renewal of the methods which
had previously brought it almost to ruin
that the courts aid was invoked.
Charles Crist Delmonico died five years
ago, and his sister. Miss Rosa Delmonico.
took charge.
She died in March, 1904, leaving the bust
ness in a bad way. The Beaver street
property was inventoried at $500, 900, but
was mortgaged for $3.50, 900, and against
the other property, furnishings, leasehold
OF the Forty-fourth street and Fifth avenue
place and other items there were other
liabilities aggregating si2i 1000.
She left to her nephew Lorenzo IA one
third interest in the business. and TO her
niece Josephine the other two-thirds and
control OF the business, but empowered the
OBSERVATION-DISCLOSURES and Thieriot-t sell
all the estate at public sale or TO continue
the business a. long as they saw at. 10
will be on the Interpretation Of these clauses
that the present fight will turn. Miss
Josephine maintains the right TO manage
the business as she p~leases, ThieriOt
holds that the business should have been
wound up and sold long ago, so that the
estate OF Miss Rosa may be distributed.
In their complaint Thieriot and Lorenzo
Delmonico set forth that as soon as Miss
Rosa died Miss Josephine took full control
OF tho business, although inexperienced,
and left it in the hands of Eugene GARNER,
who had been manager for Rosa. Mr..
Thieriot had a firm OF accountants, Barrow,
Wade,G Guthrie 4 CO., look into the business,
and they reported that the management
was bad and that nothing but disaster
COnIQ result II IL we're 10 continue.
Mr.. Thieriot was 30 alarmed at this report
that he insisted that the accountants should
be put in permanent charge. Miss Joseph
inc agreed with some demur. In sixteen
months, up to June last. such q change
had been worked that the accountants
reported the business TO be once more on a
substantial footing and prosperous. When
they took charge. they said. the credit of
DeImonico's had almost vanished in the
markets of New York, 80 long had bills
been allowed TO run.
But a month ago Miss Delmonico re is-
serted her rights to the management and
wrote To the accountants that their EN-
ployment az treasurerS Of Delmouicn's
void cease on November 1.
LORENZO Delmonico's position is that
unless Mr.. Thieriot is allowed TO share in
the management Miss Josephine and her
GARNER, will throw the business
back into It's old condition. TO his damage.
II ia understood that Mr.. Ma jor's an
davits in reply will allege that the state
ments OF the ruinous financial condition
OF the firm were greatly exaggerated and
that the business requires at its head a man
like GARNER. expert in the restaurant bust
meas, rather than men who ave spent their
lives at figures.