Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-07-02
With Champion Dmp
ATTACH DEMPSEy'S
SHARE OF PROCEEDS
Movie Agent Gets Writ to As
sure Damages If He Wins
Action for 100000
KEARNS' FUNDS SEIZED

New York. July 2.--On the eve Of
the big fight, for which Jack Dempsey
IL to receive 5000 900 as his share Of
the purse, besides another fortune in
moving picture rights and other by
products. all Of Dempsey's money, in
cluding his part of the purse. was tied
up on writ Of attachment issued late
yesterday afternoon by Justice Thomas
F. Donnelly in the Supreme Court. The
writ also attached all the money Of
Jack Kearns. the champions manager.
in this State.
The writ was obtained by William
Klein, Of 12O Broadway. Of counsel for
Frank p. Spellman. president of the
international Gypsum Co.. and pro-
prietor of Spellmans Motorized Cir
Gus. Spellman has started two actions
for 500, 900 each against Dempsey and
kearns in Genesee COunty-the first for
commissions in getting the champion a
moving picture contract which resulted
in Daredevil Jack" and the second
for personal services
An affidavit by Mr.. Spcllmnn rc-
counting the facts Of the first suit was
| filed in the Supreme Court Yesterday.
together with 5000 bond which the
National Surety Co. put up on behalf
Of the plaintiff. Justice Donnelly then
issued the writ copies of which were
served on the Central Trust Co. Harri-
man National Bank and tho pnthe FIX
change. preventing the withdrawal OI
any moneys the defendants may have
on deposit IN those institutions.
Notice TO Officials
Mr.. Klein also sent in search of Tex
! Rickard. promoter of toiay's fight. ant
| gtuk knh n
the Eout. in order to serve them with
copies Of the writ. which would tie VI
| Dempspy's $500. 900 share in the purs,
and his $50. 600 forfeit.
The reason for the writ. MS set fOrtl
N Spellman's affidavit. was that Demp.
soy and kcarns were both non resident,
Of the State and that he does not wisl
TO run the risk of finding that they have
no money in this State If he should VIII
his court actions. His affidavit gave tn,
real names Uf the defendants as Wil'inn
Harrison Dempsey and John McKer
nan
Mr.. Spclman pointed out that he wa
suing the defendants for breach "f con
tract and that they were ''Co- partners
engaged in boxing. Spnrring. movinj
picture and theatrical business in tn
State of New York and elsewhere.
AIUOaNJ III DetaI
"On or about the sixth day of Sep
tember. 1919, at the city of Cleveland
in the State of Ohio" the affidavit con
tinues. ''the above named plaintiff en-
tered into an agreement with the above
named defendants whereby the sal
plaintiff agreed to exploit and secur
contract for the appearance of tn
above named Jack Dempsey in motto
pictures in play form, for which service
the said defendants agreed to pay
this plaintiff 20 per cent of any an
all cash payments paid to them in ad
vance. or to accrue from the proceed
of said picture or pictures on the lot
day of each and every month"
The affidavit said that Mr.. Spellma
came to New York at his own expens,
negotiated with moving picture com
panies for six weeks, and got the de
PENDANTS a contract with the Path
Films, Inc. on October 26. 1919. Ac
cording to the affidavit. Pathe agreed I
pay Dempsey and Kearns 500 900 j
advance, to advance all money necessar
to produce pictures. and to give thel
30 per cent over the cost of production
The affidavit set forth that Dempse
went TO Los Angeles. where he was mad
the star in serial photoplay known a
Daredevil Jack. and that il had bee
shown in the United States and foreig
countries since February 10, 1920. AC
cording to the affidavit. Pathe receive
in cash and contracts upward of 81 .
600, 900" from the production. of whic
about S4O0 900 would go to the defend
ants after allowing for the cost of pro
duCtion and distribution. Under hi
alleged contract with the defendants
Mr.. Spellman asked for one quarter G
this or $780, 900.