New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-07-27
COULDS CHARGED
WITH C0LLUSI0N
HOWard'S Wife Saws
George Acts as Dummy
in Tax Lien Suit.
FIFTH AV. CORNER
BASIS OF LITIGATION
Former Actress Asserts That
S17.02 Action Is Aimed al
Her Dover Right.

Her Dover Right.
Charges o. coliU Jon and m attack
on the attorneys for the plaintiff are
the features Of tho answer made pub
he yesterday. Of Mrs. Katherine Glenn
mons Could to the lion foreclosure ac-
ton instituted by Cco~gc J. Gould
against her and her husband Howard
Gould, from whom she is drawing S36,-
600 year under the terms Of a legal
separation obtained in 1909.
The suit is over premises at the
southwest corner OF Fifth av. and 73d
St. valued, according to the answer. at
more thar 100000 The sum Of Si7 50
is the amount actually responsible for
the action, bcins the interest at one
fourth OF per cent o. $Jt.609 90. the
amount OF The alleged ta% lien.
II appears, according to Mrs. Gould.
that George J. Gould bought the lien
from the collector Of assessments and
arrears. and agreed with his brother
to carry it for him at the rate of in
terest mentioned. She charges that
SIX weeks later. January /. 1919, her
husband ostensibly became obligated
TO his brother for the S17S So. Suit was
begun June Is.
Taylor. Knowles & Hack. attorneys
for the plaintiff, are alleged to be also
the attorneys for Howard Gould. her
co-defendant. "and advised said How
ard Gould upon this method Of pro-
cedure to accomplish his ends. and arc
IN fact acting for the said defendant
Howard Could, and in tho said pur-
chase OF said taX lien said attorneys
acted on behalf OF and as the agents
for said Howard Gould"
Says Husband Furnished Funds.
The answer goes further. and main
tains that the funds used to purchase
the said alleged tax lien were in fact
furnished by the said defendant. How
ard Gould, and that the plaintiff.
George j. Could. has never had and
has not now any interest whatever in
the said tax lien, but is acting purely
IN the capacity Of a dummy for his
brother, Howard Gould"
Mrs. Katherine Clemmons Gould
therefore asks for the dismissal Of the
complaint. with costs, and for affirma-
tive relief. as follows
-. That the acts Of the said de-
fendaEt Howard Could and the plain
TN. George j. Gould. whereby the said
plaintiff purchased the ALLEGED tax lien,
be declared collusive and a fraud upon
the rights OF this defendant.
"2. That the purchase OF said lien by
or with money charged 70 said defend
ant. Howard Gould, he adjudged TO be
purchase for and by him. and the
title under said tax lien thercbv TO be
merged in the title to said property.
"f. That said Howard Gould be di-
rccted 70 pay all taxes aad assessments
upon sad premises and enioined from
selling, encumbCIing or allowing the
same to be encountered by tax liens or
otherwise.
"1. That the said tax lien he dis
charged anG cancelled OF record.
"5. That this defendant have such
ether and furthe~ relief in the prem
ises as may be just
Her Dover Right Involved.
The decree Of separation. obtained
III 1909, in addition to alimony Of $4,000
month, provided that payments for
support and separate maintenance
should not be in lieu Of dover right
Of the wife in the real estate Of the
husband
II so happens that tho only real es-
tate owned by Howard Gould is the
Fifth av. property now in dispute and
Castlegould, on Long Island posses-
sion of the latter making him the high
est taxpayer IN Hampstead. If the
tax foreclosure proceedings on the
Fifth av. property stand Mrs. Kath-
crime ClcmmoDs Gould would be de-
prived Of her dover in II should her
husband die before she does.
She maintains that this is just what
il behind the entire proceeding and
the details that led up to il. At the
time Of their separation, she declares,
her husband was the owner in fee
simple Of the premises IN Fifth av.,
that he still Is the real owner and
that all transactions that make it ap-
near Otherwise are mere subtcrfugc to
defraud her. On this point her answer
says that:
upon information and belief the
said defendant, Howard Gould, in order
TO defeat the provisions of the said
judgment or decree Of separation.
destroy this defendants right OF
dover in the real estate of said
defendant, Howard Gould. and de-
prive her Of the benefit and protection
thereof, wrongfully failed and neglect
ed during the years 1909 10 1912, inclu-
Ln
the premises above described. although
during such years the annual income
Of the defendant. Howard Could, was
upward Of the sum OF 81 100000. know
ing that by reason Of such non-pay-
ment Of taxes the City Of New York
would advertise the said tax lien for
sale.
Could Have Paid Taxes.
"That at all times from the year
1909 said defendant, Howard Gould.
has had and now has ample funds to
nay and discharge his said taxes. which
funds Of right should Lave been de-
voted 20 that purpose. That thereafter
the said tax lien was so advertised and
sold. and that the plaintiff, George j.
Gould, purchased said lien for the ac-
count and benefit Of the said Howard
Gould. 10 the end that there might he
created an apparent valid tax lien or
transfer thereof which could be en-
forced 20 deprive this defendant Of her
right Of dover IN said premises"
Howard Could and Katherine Glenn
mons. an actress. were married ia Oc-
tobcr, 1893. In July, 1906. they scpa-
rated. and three years later, Scptcm-
ter. 1909, after n bitter struggle. their
scraration was made legal and set
tlcment was made. Griggs Baldwin g.
baldwin n Pine Il. are attOrncya for