New-York tribune., 1910-02-05
NEAT SECRETS OUT
SOME BIG DEALS MADE
lSul2berger-Joseph Case G'0es
Light on Independents.

Some interesting details regarding the re-
,,.i,-ebfr, Letxee:1 the meat packers who
e.. sunnossd 20 be independent of the So
-.rIa6 .sr,est trust" and the alleged mem
5s-e o4 rho latter organization are brought
.,,,- IN an sppeaI decided yesterday by the
hnnAllare Division Of the Supreme Court IN
which the Iitigants were Ferdinand Suin-
h-a- op the Schwarzschild & Sulzberger
r-orn,anv. and Frederick Joseph sulz-
ns-eer's appeal from . judgment for slo''-
6. ob-zired against him by Joseph was
sustained by the Appellate Division WHICH
ordered q new trial
Tossnh entered the firm Of Schwarzschlld
& Sulzberger in lS7s. when it was part
rership. and later married the daughter oi
the original partner, Schwarzschlio' VINO ;
now dead The plaintiff and Sanluel wen
became partners in the company IN Ae'''
We'll is a brother in-law Of Sulzberger. the
defendant in the case Schwarzschild g
Sulzberger were Incorporated III io'-' y ''''-
capital Of S5.0oo,eo0
s..-5,-- ~ the complaint OF Joseph, he
.,5 samuel We'll. SGizberger and Cyrus 5
Iys,,oo5 were directors Of the Schwarz-
s.+,iI5 < Sulzberger Company IN 1ssS' ano
,bez entered into an oral agreement ana
formed a pool 10 buy more OF the STOCK
the company. to be distributed 70 all the
members Of the agreement in proporuon 20
the shares held by them in the company
before the agreement went into erect
There was q proviso in the agreement
-sIIinE for ecch ore in the scherne 10 CON
.-ih5Jre his proportion OF the sums advanced
n brvins the stock on demand OF Ile one
oIy-ing. Il is alleged that IN January IeSS:
sulzbe-ger- bought over seven hunore1
shares Of Schwarzscnild & Sulzoerger STOCK
=,
~ an average price Of 81 a snare Inc
-1.,-+,4~ c1sir7s that he offered the defend
ent The money due for the purchase OF 1he
stock but without result as 0'4i|oe1 So -
undated the agreement
- The trial in the court below Joseph
~, his case and received Judgment for
s. e. and an allowance Of S2,ooo, which
v-ae reversed yesterday in the higher court
Jpstfoe Scott, in his opinion, in which the
entire court concurred, said;
Although there may not be any dehnlte
promise on the part Of the prlnclpal 70
reiu 5urse his agent. the law VIII lIIlplS
s-1 enforce one This is no such case.
slfzbe-eer did not act as piaintfffs agent
nor AZ piainTiffs < request Inc pToposlt.oLIt
70 buy the New England stock orlglha'ed
with SIllzberger himself, and. so far as
s--ea-s plaintiff neither advocated nor op-
posed il His position was that or s!Len. .,7..
accuiescence- and i may 5 We, =, 1sas
when the agreement was made IN 1oso,
-,lsfvtiTT considered that IL was faToraoie 70
himself because II imposed no ooIIed1ioii
To read an implied promise on plaintlf1
va-- into the agreement as proved Wou,d
he moi merely 10 supply q term eVlden1ty
omitted BY iuadvertence. but 10 MAKE q
contract for the parties. We are thert
so-a forced 20 the conclusion tnat the
-Isf--i~F failed 10 prove The contract d.
legged in his complaint
FR15+ the phase Of the case that IS OF more
interest than that shown in the decision
o< the Appellate Division is the disclosure
of the stock transactions between Sulz-
berger and certain Western interests. Susz-
berger went 10 Chicago in 1902 where he
sold some Of his holdings to J. Ogden
Ar-1our. C1ustavus T Swift and Edward
Morris He received good prices for his
stock In fact. he received more than Jo-
eeph and Well were receiving for theirs,
and i is said that fact had something 10
do with the subsequent litigation Then, in
90 Joseph. who had become the head OF
ta4 New York Butchers Dressed Meat
Companv. sold 4 S94 shares OF his holdings
n the Schwarzschild & SuIzberger company
n Edward Tilden. Of the National Pack
ing Company. another Swift enterprise
When Joseph was on the stand, Paul D
Cravath. counsel for. Sulzberger. asked him
whether Swift had any connection with
the New York Butchers Dressed Meat
Company. TO which ne replied in the mega
tive although ne explained that the Chi
caEo packer had relations with Joseph's
company