Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-25
CURnSS SUH BY HERRING
WANTS PRIZE MONEY AND
EXHIBITION EARNINGS.
Claims Cash Belongs to the Company
and Not to the Aviator
Personally.

NEW YORK, December 25.-Glenn H.
Curtiss. the aviator and winner OF the
speed contest for aerial craft at Rheims
recently, has been sued in the supreme
court by Augustus NJ. Herring. Of the
Herring-Curtiss Company to recover the
5000 that the champion sky pilot 10 al
legged to have won in exhibitions during
the last six months.
Papers were filed yesterday In the
county clerks once by Herring. alleging
that Curtiss. Monroe Wheeler. president
of the Herring Curtiss Company; Arthur
w. Gilbert, Thomas Baldwin and L. d.
Mason, directors Of the company, enter
ID into a conspiracy. to waste the assets
and property OF the corporation by
making a free gift to Curtiss OF all his
earnings in the future. Chloe B. Her
ring. the mother OF Augustus Herring. as
An interested party and a stockholder. Is
made a party defendant in the suit,
which is really brought in behalf OF all
The stockholders.
Acting upon the petition OF Herring.
Henry B. Conan, an upstate supreme
court justice, yesterday granted the ap-
plicatfon for an injunction to restrain
The HerringCurtiss Company. Glenn HI.
Gurtiss and the other directors from bor-
rowing money on the credit of the COM
pany. assigning new privileges to Curtiss
or others, except In performance Of con-
tracts made prior to October 25.- 1909.
Contract for Three Years.
The temporary injunction also restrains
Curtiss from preaching his contract with
the Herring Curtiss Company In which
he pledges himself for a salary OF $1,000
a year to fly exclusively in the employ Of
the company for three years, beginning
March 90 1909. or from advertising the
company'ss flying machines as II made
by him instead Of the company.
Mr.. Herring informed the court that he
Is the inventor of the valuable mechanical
devices used on the flying machines
which the company manufactures, and
that he and his mother own the majority
of the preferred and common stock in the
Herring Curtiss Company. capitalized al
100000. The par value Of the stock is
800. Curtiss, he says. owns only
20 preferred shares and 2S5 common
shares of the 5000 shares OF the stock.
Mr.. Herring asserts that flying is "a
utation which Curtiss has attained a
master Of aviation is justly the property
and asset Of the company. Curtiss also
stipulated to turn over any new tnven'
lions ne conceived 10 tHe company.
Curtiss. the petitioner continues. hak
made flights at Rheims. France. in New
York city during the Hudson-Fulton eel.
ebration. Cincinnati, st. Louis and other
places in the last six months. The net
profits, It is asserted, amount to over
$50, 900. This money If 1t had been turned
over to the company, the plaintiff
charges. would have been its chief source
Of revenue during this period.
Objects to Press Agent.
The injuries suffered by the company
as q result of the conspiracy OF the d.
rectors are stated a. follows: Employ.
ment Of newspaper correspondent BY
Curtiss to exploit himself through pub
licity at the expense of the company: thu
attachment Of q condition to the sale Of
all the company's flying machines thai
the purchaser shall not enter into AM
public exhibition: the making of q con
tract with the Marcel Cycle Company. {
rival manufacturing plant. to sell then
engines for motor cycles at ., price lowel
than they would bring II used as motor
tons to the plant at Hammonaspor'
without due authority.
Mr.. Herring charges that Curtiss ha.
no property that can be levied upon. Hs
asks Of the court that Curtiss be com.
PEELED to give to the company the money
he has won. that his reputation as q fyel
be applied to the purposes Of the com.
pany to add to the sale OF its flying ma.
chimes.
The answer Of the directors has no,
been filed.