New-York tribune., 1909-12-25
A. NJ. HERRING SUES
Glenn Curtiss Defendant in
Action Regarding Aeroplane.

Papers were filed in the office Of the
County Clerk yesterday of suit brought
by Augustus NJ. Herring. vice-president
and owner OF the majority stock OF the
Herring -Curtiss Company. OF Hammonds-
port. " Y. in which he seeks to compel
Glenn II. Curtiss. the aviator. 10 turn over
10 the company all OF the aviation prizes
won by the latter. amounting to more than
$4,000. and also TO restrain Curtiss from
exploiting himself through his personal
press agent 20 the disadvantage Of the
company. the airship OF which ne uses.
The defendants in the suit besides Cur
tiss are Monroe Wheeler. Arthur W. GIL
bert, l. ID. Mason and Chloe P Herring.
mother OF the plaintiff The capital stock
Of the company is SsO.Ooo valued at par
al 100000 Herring owns $50 shares Of pre-
ferred and LIS shares OF common stock
and his mother owns as shares OF preferred
stock. The plaintiff acts as his mothers
attorney in the voting Of her shares. thus
controlling the company. Curtiss, who is
general manager. owns 220 shares OF pre-
ferred and 2SO shares OF common.
Herring obtained temporary Injunction.
pending trial. from Justice Conan. OF
Oneida. restraining the defendants as Off
GERS and directors Of the company from
borrowing money or credits and from re
leasing any assets. The injunction also re-
strains the defendants from giving 20 Cur
tiss any money or privileges except in the
performance OF the contract with him.
Curtiss is also restrained from any further
breach OF contract while in the employ OF
the company. which prohibited the aviator
for three years from making flights in any
flying machine except In performance or
his contract. He Is also restrained from
advertising the machine he flies in as his
own instead Of as the property OF the com
pany.
Herring says that he is the designer and
inventor OF valuable mechanical devices
used I'm the heavier-than-air flying ma
chimes Curtiss. he says. has gained world
wide fame as an aviator. Herring says
that Curtiss has been the company's chief
source OF income He relates that aviation
IS a new science and tells OF the scarcity
OF expert flyers" Herring alleges. fur
ther. that Curtiss agreed. in consideration
OF 5000 a year for three years. 10 fly ex-
clusively in the companys machines. and
also to transfer 10 the company title TO
any Improvement OF invention in connec-
ton with the flying machine. He has used
the machine at Rheims in the interna-
tionsl aviation meet. in the Hudson-Fulton
flights and elsewhere. and has won more
than $4,000 in prizes. the exact amount
being uncertain. which Herring says be-
longs TO the company. Curtiss also has an
engagement 20 give exhibitions in Los
Angeles next month.
Herring brings a charge OF conspiracy
against the other directors OF the COM
pany, in that on October 25 they met and
adopted a resolution that gave TO Curtiss
the right 10 fly when and where he
wished and granting him permission 10
keep all prize moneys as his own. This
action, says Herring, was taken without
his consent and against his wishes and
was a conspiracy 10 waste the assets OF
the company IN order TO make gift TO
Curtiss Herring says that Curtiss has no
property TO levy on and seeks 10 set aside
the resolution OF the directors and recover
the prize moneys.
There is another suit pending among the
members Of the Herring-Curtiss Company.
brought by the directors against Herring
10 compel him TO turn over 20 the COM
pany patents and other property which IL
is alleged he should have assigned in con-
sideration OF stock issued 20 him An in
junction was obtained 10 prevent Herring
from disposing OF the stock.