The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-22
TRUST COMPANY SUES
OSCAR HAMMERSTEIN
Charges Jugglcry to Evadc Pay
mcnt for support of
Daughters.
VICTORIA LEASE HELD Up

That oscar Hammersten received $780,
600 for conscntng to the annulment OF a
contract with the United Booking Offices
10y which he was to have the exclusive
right 20 the United bookings in the terri
tory In which the Palace Theatre was
opened later and that he Is now trying to
sell the lease of the Victoria Theatre In
mortgage foreclosure although the
mortgage has been paid was alleged yes
terday IN suit filed In the Supreme Court
by the Equitable Trust Company. The
trust company has got a temporary In
junction restraining the sale of the the
atre. and an application to continue the
injunction will be made tomorrow.
The complaint of the trust company
sets forth that the HammersteIn Amuse-
ment Company was organized by the de-
PENDANT to control the lease OF the Vic
toria until 1924. and that the amusement
company is capitalized NJ 100000. With
1000 shares of stock. of which Hammer
stein owns 3,9gS. The complaint says
that Hammerstein deposited this stock
with the trust company in 1871 al security
IN an agreement to pay 5000 week all
mony to his former wife. the late Mrs
Malvina Hammcrstein. when she got a
divorce. and to pay $500 a week for the
maintenance OF her daughters. and that
under the agreement the stock was 70 be
sold IL Hammers;ein quit paying his wife
and daughters IL is further set forth
that he bound himself to do nothing to
impair the value Of the stock.
The complaint says that in violation
OF the agreement Hammerstein mortgaged
7 - 60 =
900 In 1911. and subsequently the loan
was paid of by the Hammersten Amuse-
ment Company and the mortgage assigned
to Frederick c. Callen for a loan OF s40.-
/ 900 to help pay Albee. Then the Callen
! loan was paid, and although the mort
gage was satisfied Hammersten failed &c
have it discharged of record, II is charged
and "wrongfully" had ii assSned To him
self
The trust company charges that Ham
merstein's alleged acts were all for the
purpose of defeating his agreement 70
support his daughters and to impair the
value of the Hammerstein Amusement
Company stock 1t is charged that hav'
/ ing become owner of the alleged mort
gage on the Victoria lease, he brought q
collusive suit last January to foreclos'
il and, as there was no one to defend
the action, decree OF foreclosure was
entered in the supreme Court on October
% last and r, Granville MunsOn wa:
appointed referee to sell the lease,
The trust company then notified Ham
mersteln that the stock would be sold fo
his default In the payments TO mis- daugh
ters but when the stock was Offered
for sale by auction on October Is last /
is alleged. one Arthur j. Wolf announced
publicly that the company had no prop
erty except lease on the victoria
which was already Ccd.- foreclosure. an'
consequently there was no bid for tn
stock The complaint also alleges ina
after Hammerstein received notice tina
the stock was TO be sold he leased tn
theat,s to his son Arthur and an EN-
Iployee, Lyle ID. Andrews. for two day
less than the term OF the lease held b.
1.-THE Hammersteiu Amusement Company
The complaint asks that Referee Nun
son be restrained from selling the VIC
torla lease pending the sul' TO declar
he foreclosure sale collusive and in viola
lor~>1f Hammerstc.n's agreement u
charged that the stock was impaire
greatly through Hammcrstein's accept
/, nee OF 5000 600 to permit the Palace The
atre to book vaudeville acts wits IN
'nlted Booking Offices.