New-York tribune., 1911-12-27
EMO OWES CROMWELL
Referee Reports Lawyer Over
paid Banker in Settling Estate.
HAD INHERITED $1,000, 900
Action Recalls Old Bank Case
and Claim Against the
Russell Sage Estate.

Instead Of William Nelson Cromwell
lawyer. being IN debt 10 John {. hno,
whose million dollar legacy Mr.. CromWeh
handled, Mr.. Emo is in debt to Mr.. Crofh-
well in the sum Of s57.399 81, so Hamilton
OdeIl. the referee i'm tho case. said I'm ms
report filed yesterday in the County Clerk
Office. The referee recommended judgment
taken for the amount named.
The filing OF the paper brings up q
quarter century old story. John {. Emo
who is the son OF the late Amos X. Emo
owner of the old Fifth Avenue Hotel. vas
once president Of the Second National
Bank. and when it was almost wrecked he
hurried, to Canada. where he remained six
years. and then returned and had the legal
proceedings against him stopped Whilc MS
father settled his obligations.
Mr.. Odcll was named referee in the pres
ent case December 2S 1909. lie recited
that Amos Il. Emo left his son one-t|elftu
OF his estate and that on January B. 1872
before his fathers death, February H.
1898, John c. Emo assigned all his share L"
the lawyer. ratifying the assignment IN
March. The total was supposed 80 nc
more than sl,000000 According To MI
Odel. between May T. 1889, and January
L., 1901. Mr.. Cromwell collected from the
executors Of the will the sum OF S9i5.3OO 81
and check for 10000 which Mr.. Crom-
well. at Mr. Eno's request. indorsed over
% the Fourth National Bank. and checks
aggregatng s2,4Z42 IS, which we're indorsed
over to Henry G. Emo.
This money, the referee found, was paid
out with John g. Enos sanction to satisfy
debts made before and after his fathers
death Mr. Odcl held that Mr.. Cromwell
had not only paid ont all the cash Mr.. Emo
was entitled 10. mt had overpad him
Sl29 81 out OF his own pocket; that the law
yer was entitled to $1,000 for legal ser
yiccs and finally. that Mr. Emo was stu IN
Mr.. Cromwells debt $3.50 S.
About 1884, II was found that Mr. Emo, ~
president OF the Second National Bank, had
withdrawn large amounts and engaged In
speculation, principally with the brokerage
firm OF A. Dyett e. co. Iic was convicted,
although his father made good the sums
the son had taken. Mr.. Emo was released
in $4,000 bail. but raised the point that the
state courts were without jurisdiction. and
that he could be tried only i'm the federal
courts
He succeeded I'm having the bail set aside
and went 10 Quebec and bought home
After about six years of legal fighting the
United States Supreme Court decided the
state courts had jurisdiction and 81 there
was then somo question concerning requisi-
ton treaties in bank cases the Washington
authorities were pressed TO get the banker
| back to New York He returned. and sue
ceeded I'm having the indictments quashed
on the ground that he had not personally
profited by the withdrawal Of the bank :
assets This was IN 1884, The bank affair
and speculations left Mr. Emo with many
debts. and shortly sfterNard he engaged
! Mr.. Cromwell as financial pilot. Then the
! elder Emo died
Early in September Of this year Mr.. Emo
| brought suit against Mrs. Russell Sage 20
compel her TO sell Galveston Houston 6
Henderson Railroad bonds Of a par value
| OF 81, 100 and other stocks In 1896 the old
| brokerage firm of Decker, Howell s. CO.
went 70 Russell Sage for cash, putting up
stocks, including those mentioned, and
others. amounting 10 ,4scD az par. for a
| loan which, with interest. now amounts
! to 5000
As soon as the Teyas railroad block vas
put No William J. Flless announced rha:
he was the owner and that the brokers
had offered his stock as security witho IT
his consent. Re threatened criminal ac-
tion, and, In order 10 assist Mr.. Howell,
who, hy the way, is the only member II the
firm now alive, Mr.. Emo came forward
with cash TO satisfy the Fliess claim.
The stock was assigned 10 Mr.. Emo, but
as Mr. Sage never sold out his securities
TO satisfy his loan, the block remained in
tact in his estate. Mr.. Emo holds that the
sale of all the stocks would more than sat
isfv the loan. as the values have much IN
creased IN fifteen years.