The Archive · 1934

Us. Court for China

Order Against Grant Mark

'A court order issued by Judge Ailton J. Helmick in the U.S. Court for China on Tuesday (Oct. 9.) restraining the defendant from chequing funds from his mother's - account brought the case of EL. Hudec v. Grant Mark to an abrupt halt. Th Jcase, a hearing on citation under the Inow regulation issued by Judge Hel-Imick some weeks ago, revealed that the defendant was using this account leredited to Mrs. Myra L. Mark, under power of attorney which, he testi= fied, was delivered to him by his mother. Mr, N. F. Allman, of Allman Company, and Dr. A." Grossman appeared for the plaintiff, and Mr. [Myron Wiener of Rodger & Company, {for the defendant. The hearing will continued at a special session set for Thursday at which time. Mr. Mark has been ordered to appear with all powers of attorney granted him by his mother, and in the meantime, he has been restrained from drawing any cheques against the account of Mrs. Myra L. Mark.

"The hearing was taken up with a eross-examination into the assets of the defendant who was placed in the witness box immediately by" the ICourt. Mr. Allman at once began his Jquestioning by demanding what ithe defendant answered to the US. [Marshal when the latter called upon him on or about March 6, 1934." told him 1 had no property," stated IMfe. Mark. The examination then con tinued as follows:

Altmen:""Where do you live Mr. Mark: At the Cathay Hotel How much do you (This question wae repeated twice.)

Me. Mark: $2,000 per month, 1 should say.

Mr. Allman: Who pays the bills?

Mr. Mark: My father pays the lbilis. He permits me to draw my living expenses, and sometimes he permits me to draw on his account for other things.

Further questioning elicited the {information that this account ape peared as that of EN. Mark, and hat the witness had no accounts whatever in his own name. He stated that he was formerly employed by China Finance 'Company and that he left the employ of that company about the end of March of frst of April when a settlement was made on a contract which the wite mess had with the company, the fatter cancelling the contract' and paying the sum of $50,000. Mr. Hudee, plaintiff in the action brought, already The $50,000 was not paid to him, Mr. Mark pointed out, but was paid his mother. In the course of his Jeross-examination, Mr. Mark frst stated that it was handed to her, and ater said that he was not sure on this point. Mr. Mark testified that the didn't receive the bank statements of Mrs. Myra L. Mark.

"Who gets the statements, then?" Jdemanded Mr. Allman.

"She does."

Further questioning on the part of Mr. Allman revealed the fact - that "|Me. Mark had drawn "maybe 20 oF }20 " cheques" on the account since March. Mr. Mark testified that his mother owned the Cadillac car recently purchased on her. instruction. [He professed ignorance of who made deposits to the credit of Myra L. [Mark, and stated that he might have known the balance through having seen a statement.

Text read from the printed page and cleaned; old type leaves the occasional error.

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