New-York tribune., 1920-11-28
Manufacturer Must
Pay Ex-Employer
Debt 81 Years Old
Appellate Division Directs
Herman Curiel Make Res
titution to Chicagoan for
His Alleged Peculations

Under a decision haY ded down yes
tsrdsy by the Appellate Division Her
man Curiel, wealthy president of the
Grown Fruit and Extract Company. is
directed to pay $4,000 to Herman Op-
penheimer, of Chicago, who was his en-
ployer from 1876 to 1886, and who al
legged that his failure in business was
due to the peculations Of Mr. Curiel.
The ruling upheld the verdict given
IN the case by a jury before Justice
McAvoy.
Mr.. Oppenheimer was formerly in
the leather business in New York and
Mr. Curiel was his salesman and col
lector. In the intervening years The
former employer suffered financial re-
verses, while the former employee
prospered.
In 1903 Mr. Curiel voluntarily offered
to pay Mr.. Oppenheimer $400 a year
during the lifetime of the former as
compensation for moneys Mr. Curlel
was charged with converting to his own
Use while employed by Mr.. Open
heimer years before. These payments
until 1914, when they ceased. Mr.. OPP
penheimer sought for an explanation
from Mr.. Curiel as to why he dlscon-
tnued the annual allowance. Il have
no reason to give" was Mr. Curel's al
legged answer, whereupon Mr.. Open
heimer brought suit to recover.
Alleged Thefts Revealed
Up to that time Mr.. Oppenheimer
had kept his promise not to make pub
lie the alleged thefts of Mr.. Curiel.
What happened subsequently made this
revelation necessary. Mr.. Curiel, in
mis- defense, said that he agreed to pay
his former employer s400 because Mr..
Oppenhemer had threatened to tell his
conduct. This allegation that he had
resorted to blackmailing methods
caused the Chicago man to reveal in
court all the circum stances of his re-
latons with the now wealthy extract
manufacturer
Mr.. Oppenheimer denied that the s40O
year was his price for silence, al
though as a matter of fact he never
told anybody that Mr.. Curiel had
pleaded guilty to petit larceny in 1886
and had served thirty days on Black
wells Island. Mr., Oppenheimer' story
was that on Mr.. CuriePs last trip on
to account for all the moneys he col
lccted. AIR. Oppenheimer testified at
the trial of his suit against Mr.. Curiel
that Curiel had said that he was
ashamed to show up before because he
had collected some moneys and expected
to play the races and make good. He
got the cash and kept double books
and accounted for only certain
amount. according TO Oppenheimer, who
declared the peculations would run into
thousands.
Letters Offered as Evidence
There was placed in evidence letter
written by the defendant to the plain
tiff, August 26, 1885, in which he said
Il shall see you as soon as | can pay
you all I owe you You will lose moth
ing by having waited"
In subsequent years Mr.. Curiel ar
ranged through his cousin, Herman A
Curiel, president of the Western
Products Company, to make a settle
ment for him.
Mr.. Oppenhemer also submitted t.
the court this letter from Mr.. Curie
dated February IA, 1903:
Having been informed that you are
In Strengthened circumstances, and be-
ing able to assist you, | propose to pay
you S400 annually during my life. in
two semi-annual payments of $500 For
these voluntary contributions, | kindly
request that you keep silent on the sub
Ject OF past occurrence, and neither
discuss nor refer to them with any
living person, except Herman A. Curieln u
Justice McAvoy, at the trial of the
action, ordered stricken from the record
the statement of Mr.. Oppenheimer that
Mr.. Curiel had ruined him. "Whether