The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-06
WIDOW IN WANT AS
INCOME Is HELD Up
.Iu,ticc Cohalan Sets Aside
Judgment Confession Signed
by Mrs. Mary Hardy.
JERSEY MAN CRITICISED

- faci that Mrs. Mary Hardy.
~,iov OF John Hardy. a New York
naycr VINO served W. terms In Con-
sr,ss and died December ?. 1918. 10
want because an allowance OF SIS a
week made TO her by the curtis from her
Ne'd from her was disclosed In the gu
trcmc Court when Justice Cohalan
hand,i down an opinion criticising the
conduct Of Lambert Hubbell. husband Of
yrs. IIirdy's sister.
Justice Cohalan heard an application
by Miss Lillian NJ. Brown. niece OF Mrs.
Hardy. who holds a Judgment against
NJ Hardy for s3Si for board and
money loaned. to set aside a confession
g, Judgment for $4,000 signed by Mrs.
HARDY N 'avor Of her brother-ln-law.
II her petition Miss Brown said that
Ms Hardy was married to tho late
Congressman In 1865 and in 1879 they
s.pa-iicd The following year u sepa-
ration agreement was signed under
which Hardy promised To pay his wife
,95 a week for the rest OF her life. She
,Nen went to California TO live. and sub
s,1ueutly the noun paid TO her by. her
husband was reduced TO SIS a Week.
When her husband died the income
Stopped and Mrs. Hardy came east and
STAYED at the Hotel Continental. New
ark. while She took action TO enforce the
sc7ardt.on agreement.
Mrs Hardy sued Douglas Mathewson.
Borough President Of The Bronx. who
vas hcr husbands nephew. and James +.
y, mo,k, executors under her husbands
49,. and got n judgment awarding her
sls a week from the estate. As soon as
tie Judgment was filed Hubbel had "a
receiver Of her property appointed on
tie ground that she had executed a
confession Of Judgment in his favor for
$500. II was not until a copy OF the
order appointing the r eiver was de-
',.red TO Mrs. Hardy's attorney that she
knew she had signed a confession OF
Judgment.
On ,he ground that the judgment wa
,,,ained by iiuhbell by fraud In repre-
serting To Mrs. Hardy that II was
merely an agreement to pay him Tor MS
.xnenses and lime lost In coming TO New
York TO testify that he had witnessed
the signing OF the separation agree
meat. Miss Brown applied to set the
Judgment aside
In her petition Miss Brown said ina
Mrs. Hardy il nov in dire circum'
..auces. being entirely without funds
she said that Douglas Mathewson had
,leaded with Hubbell for permission &c
advance Mrs. Hardy sufficient moneJ
o., live on. but that he refused. she
enclosed "A copy of the testimony OF Mrs
Hardy in supplementary proceedings II
vh'ch Mrs Hardy said:
- an starving. I owe $500 20 th'
uotel Continental. J am To get $l5
week from my husbands estate. blu
't'v won't pay me ] have had no none!
. 80 my husband died
Mr.. Hardy said her attorney tol'
sor .ic would have ia get Iiubbell &
testify as a witness 70 the separation
agreement. and that as he lived In New
r.rsev she couldn't compel him 10 come
here 10 testify. She visited him during
o holidays. she said, and they wer'
"r,easant to each other"
Mr. Hubbell told ms he would have
80 be paid for his t'me los, and car
go ard | said OF course | would pa,
s. n said Mrs. HARDY Jus before
he trial he came to my hotel in New
ar. Ni:h another man and asked IN
20 sign a paper which he said was al
agreement to pay his expenses. | signed
-. and didn't know IL was a confession
~ Judgment until my lawyer told m
saou' H."
When asked Il Hubbell had ever ren
reroi any services to her. Mrs. Hard
.s.d. I'm the forty years ] have know,
N'm he never did a solitary thing 70
me AID never loaned me a cent.
can't even get money for meals because
~ mas tied UP my judgment"
N his opinion setting aside the con
;ess.on of judgmen, and releasing Mrs
Iiardy's money. Justice Cohalan de
trrlbed Mrs. Hardy as IAN old lady
weak and penniless. n nov In he
Seyen.v-seveuth YEAR"