New-York tribune., 1922-08-15
Dancer Files
Complaint in,
Whitney Suit
Evan Burrows Fontaine For.
nlally Alleges Turfman's
Son Is Father of G~...
and Asks SI.OOO.O 900
Charges MarriageP Promise
Decision on Motion 10 Com
pei Defendants Counsel
to AcceptService Deferred


SARATOGA SPRINGS. Aug. IA
Complaint in the action of Exam Bur
rsws Fontaine, dancer. against Corr
psius Vanderbilt Whitney, son of
Harry Payne whitney. in which the
dancer asks damages to the extent of
$1,000 900 for alleged breach Of prom
;.e Of marriage. was filed in tire Sara.
enc. County Clerks office in Ballston
sna to-day by Charles Firestone, of
ssv York City, Miss Fontaine's attor-
ney.
Tbe action of Miss Fontaine against
-onnr Whitney has been cause OF
.rr,or for rore than year, bat it was
-. nntn Saturday that it became pab-
,ie property by presentation to the
aarts. Appearing before Justice
NV. Borst at special term OF
% Supreme Court, Mr.. Firestone
moved for an order to compel Mr.
wbitney's attorneys, Nicoll. Anable.
Fuller & Sullivan, to accept service
thew had refused Decision on the mo-
.;op WAS reserved, Justice Borst de-
lavine action at the request Of James
4. Leary. attorney of this city. apDear-
inr for Mr.. Whitney's New York attor-
news, until September 9 to permit them
20 obtain affi.avits from Texas, where
Miss Fobtaine formerly lived
Only $50 Words in Complaint
The complaint, which contains only
shou. $50 words, makes no. mention of
the courtship of the couple, except 20
state that con or about and between
the twenty fifth day OF May, 1919. and
the twenty eighth day oc October, 1920,
on many and numerous occasions
nlaintif at the request of the defend
ant promised to marry him, and the
defendant then and there in considera-
ton thereof promised to marry the
plaintiff on the thirtyfrst day of Oc
tober. 1920"
Continuing the complaint reads:
aThat the plaintiff, confiding in the
dsfendant's said promise, has always
since remained and now is ready and
wiling to marry the defendant.
"That the defendant failed and re-
used TO marry the plaintiff on said
,hirty-frst day of October, 1920, al
dough the plaintiff was ready and
silling to marry the defendant"
It has been learned that summons
Tn served upon Harry Payne Whit
neg and his son in Saratoga Springs
last summer and that since that time
uegotations have been in progress for
resented during most of the year by
this city, who withdrew from the case
when it was mentioned in the public
press against his wishes several weeks
ago.
Husband Suicide
Miss Fontaine, who is in California,
spent most of last summer in Saratoga
with her baby, whom she calls Cor
relius Vanderbilt Whitney jr. While
here she danced at the Grand Union
Hotel on several occasions.
Miss Fontaine was married to Ster-
lirg Adair. at one time in the naval
service Of the United States. Adair
was later found dead in Texas, coro-
ner's jury giving a verdict of suicide
1t has been stated that Miss Fon-
tame and C. V. Whitney met at a ball
given by Mrs. ". K Vanderbilt at the
Ritz Carlton in March, 1919. According
to Miss Fontaine they danced until 8
o'clock in the morning had breakfast
together and she saw him off for New
haven, where Whitney was student
at Yale. They met frequently after
mat, Miss Fontaine states, both in New
York and New Haven. He proposed to
her at dinner at the Hotel Wander
bit in April, 1919, she says, but she
refused because she was married to
Ada'r, upon which she says Whitney
insisted on her having the marriage
annuiled, ne to pay all the expenses.
Miss Fontainc said that he repeated
his promise to marry her before her
mother and grandfather, but that she
aid not see him after October IS, 1920
She states that he would have married
.ner long ago had it not been for pa
'ptal objections