The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-30
BENEDICT TRIPS
FOR RUBBER
NOTPLEASURE
His Own Company Says He
Betrayed It-Sues
for S185.O0O.
ASSERTS HE STARTED
RIVAL BUYING AGENCY
Alleges He Enticpd Managers
in Brazil to Join New
Enterprise.
THIS EMPLOYEE ALSO
SUES ON LIBEL CHARGE
Charge Of Fraud When Bust
ness Failed. Basis Of the
AccuSation.
THIS EMPLOYEE ALSO
SUES ON LIBEL CHARGE

Commodore Y. c Benedict who has
tehcn yNch'ng parties OF friends and
relatives 70 the mouth OF the Amazon
past few wears. is defendant in two suits
~ ouCn ~ the supreme Court In one Of
them he Is accused by the General Rub
her Company. of which he is a director.
~ using his supposed pleasure trips TO
the Amazon 10 work against the interest
- his own company and Of inducing the
rubber comranys general manager to aid
utn IN private rubber cutcrprisc.
Tho "ccond suit is brought by the gem
e-al manager in question Arnold ! Hut
t'r for SlO.o0O damages for slandcr and
J he because ~ statements by Commo-
dcre Benedict accusing IIuttcr Of stealing
$500 400 and causing the failure of the
private enterprise IN which Commodore
Benedict and Colgate Hoyt. the banker.
were interested. llutter has been guest
on several of the Oneida's trips
The suit " tho General Rubber Com
pary for s1S5.oO0 was heard by Justice
'fegorich on q demurrer bv Commodore
Benedict, Who conieuded that the suit
must ~ dismissed because the United
states Rubber Company owns all the GEN
"ral Rubber Cumpany's stock. and the
lstter is not the proper party TO bring the
action.
Justice Glogcrich decided against Com
mcdoro B"nedicts contention and permit
ted him 10 Withdraw hts demurrer and
serve an answer II he wished.
The rubber company alleges that Com
rodore Benedict a. director Of the
General Rubber Company was charged
With the duty Of protecting It's welfare.
The complaint AYERS that the plaintiff
was making purchases Of crude rubber
N Brazil through the General Rubber
Company OF Brazil. which II organized
with the same officers a. the plaintiff.
The plaintiff states that at no time
since March I. 1911. mas any Of It's d.
rectors but the defendant been at Para
Brazil, tho headquarters OF the General
Rubber Company Of Brs1ll. and the desti-
nation Of Commodore Bcnedict's yacht
ing trips. II is alleged that during this
time Arnold J Hutter has been general
manager Of the General Rubber Company
Of Brazil and has had charge of the
piain''rrs money and property.
New Company Organized.
The General Rubber Company charges
thai Commodore Benedict, Colgate Hoyt,
the banker. who has been his guest fire.
Guently. and Hutter purchased for them
selves q certain ruhher growing and crude
rubber buying business in Brazil and es-
italicized an agcrcy ~ Para under the
Of y Low "a 81 paI hu
nut tho knowledge OF the plaintiff Com
,nodprA Bcnedict made Hutter general
manager OF the business at 49, 900 a year
aud an Interest in the concern. Commo-
dore Benedict notified the plaintiff that
hs had engaged IN business AZ Para and
wanted the services OF Hutter for about
six months but that his services for the
plaintiff would not he interfered with
The pla intu says Commodore Benedict
knew that this arrangement was putting
Jtutter IN a position which would con.
fict with hts duties toward the plaintiff
The complaint states that on July TO-
1n11, pursuant to an understanding Com.
modorc Benedict had with Mr.. Hoyt
Hutter and others, the Moju Rubber Plan
tationT and Development Company was
organized IN Delaware to take over the
business ~ r. Levy. and Commodore
Benedict got one-fourth Of the stock and
has since been its vice-president and Mr.
Tho plaintiff charges that in Febrla rv
1912, the Moiu company was IN pressing
need n money and its financial condition
grew steadily worse until July l, 1912
when H. was unable TO meet it's liablIi-
ties. II tx all9gcd that since June. 1914,
the Moiu company has been insolvent.
sis5,OOo Fraud Charged.
II s alleged that between February
1912, and June. 1913. Huttcr was In pos
session Of large sums of money belong
;ng to the General Rubber Company OF
Brazil and In a position so remote from
New York that the directors OF the
plBintir other than Commodore Bene-
dlot mad no knowledge of his acts 1ho
plaintiff alleges that during the period in
question tlutter misappropriated $4,000
or tho plaintiffs funds and used IL for
tha benefit OF the Noiu company and
Commodore Bcnedct In paying off tho
Nolu companN's obligations,
The plhuun asks that Commodore
Bonedc, he held liable for the slS5, 900
lost by the plaintiff. since the Moju com
pauN iS lus"N'u' ana 70 Judgment against
It would be OF no value
In lluttcl'S suit against Commodore
Benedict tho plaintiff alleges that on
June -. 1913, in the office of tho United
state" Rubber Company at Fifty-cighth
street and Broadway the Commodore
IN In" hearing or number of persons
sad that Huttcr "had robbed the Moiu
Jiuhb"r Plantations and DEVELOPMENT
Company Of 100000 and that he was
dcfaultor TO the General Rubber Com
pauy Of Brazil iu over SlNG,OOO'
Huticr aleu alleges that on Julv 10
,Hl3, Commodore Benedict wrote "A letter
20 Cot Samuel = Colt, president of tho
United states Rubber Company, IN which
he said
Nj IIoNt has contributed S.. 600 and