The New York Times (New York, New York) 6 March 1909 Page 5
RUSSELLS BOTH LOSE Wife Can't Get Her Securities Back and Husband Can't Be Bankrupt. ' Supreme Court Justice O' Gorman denied denied yesterady- yesterady- the application of Mrs. Helen A. Russell, wife of Walter Russell, Russell, the artist, cf 13 West Sixty-seventh Sixty-seventh Sixty-seventh Street, for an inunction restraining: the Commercial Trust Company from selling or disposing: of $22,000 worth of securl ties which she deposited wtlh it to secure the payment, of , Dote for $17,500, in dorsed by her. . - ' ' Mrs. Russell has begun an action s gainst tha trust company to have the note set aside and her securities returned returned on the ground that they were procured from her by false representa tions. She also asks for $100,000 dam ages. ' The litigation arose out of a loan of (40.000 to Mr. Russell by the trust com pany on a statement given by the former as to his financial position at the time. The company declares that Mr. Russell made false slatemeMs.' Mr. Russell de nies this. ? Another adverse decision was made "yesterday- "yesterday- fn the Russell migration when "William . Allen, referee in bankruptcy, reported In the matter of Air. Russell's bankruptcy that be would recommend that the latter's discharge in bankruptcy be denied on the ground that he made false and grossly exaggerated " state ments of his financial condition to lirad street's and .the Commercial Trust Com pany. The report will go to Judge Holt for confirmation. - .