Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-11-10
LOCAL NEWS.
sUPREME COURT-GENERAL TERM
Chief Justice Cartier and Justice
~~Iia

inns court met yesterday for the purpose OF
Willard
Mr.. Durant made a motion in the case OF
Lsntzmger We. Gunton asking that it might be
der that he might have the Opportunity os beiny
heard in the matter.
The Chief Justice informed him that such op-
portunity would be allowed him as soon as IL
could be found practicable.
The case of Henry A. willard vs. .Ioseph C
Willard was then taken mp, on a mO,ion made
PENDANT to file a cross bill.
Defendant asked for leave TO take testimony
In support of said cross bill in said cause. and
shat unul SAID testimony could be taken that the
hearing OF the cause be ordered 20 stand over q
In arguing this motion, Mr.. Dayidre stated
that IL was not his object TO DELAY the prorsel-
ings IN this cause BY asking for the cross bin.
but that in view of the fact that all the plead
lngs in the case had been filed, and as he desired
20 show and was able TO fully establish fraud i'm
the conduct Of plaintiff towards defendant in
TINS transaction, the only method that he could
adopt by which he could bring before the court
the fact OF said fraud Git not having been set
forth in pleadinesl was by cross bill.
In support OF this posi- ION, Mr.. Davidge cited
several authorities upon equity pleading, 20 the
effect that after answer had been fled. the
defendant was entitled, by means OF plea pEi
new defence came TO his knowledge after such
answer had been filed.
This motion, following the filing of bin of
partition Of the Willard Hotel property between
the Willard brothers, was the occasion OF bring
ing before the notice Of the court numerous and
youminous Letters from one TO the other contain
my psopoiuIns ior setsemsnt none OF which
propositions were upon the give-and-take prin-
ciple, e. plaintiff making an offer 70 defendant
mar he would give him his share in said hotel
Tor the sum OF $500 900. or he would be Willing 10
take that sum for his own share.
Defendant would answer by a counter rouo-
sltion, to the effect that If he (plaintihO would
take certain amount for his share, he (de-
tendant) would give him so 900 for 20 doinr
and pay the same by allowing the amount TO 5e
deducted from his share Of the property, or that
he would take such certain sum for his share
and In the event Of this latter pror osiion beng
accepted within given time, he would allow
me sum OF $50 GOO to be deducted from the pur-
AFTER this sort of correspondence had b. en-
continued for a considerable time, the following
contract Was entered into between the parties,
offered by d. A. willard:
81 offer TO release and confer TO YOU all NV
interest or claim in the Mansion House property
including back rents and profits, and to buy
your molety OF the Wizards Hotel property,
being lots 1, 2 u, Ii, IL, u.s. and l6, IN square
rs, with the improvements or offer 70 release
and convey to you all nay interest or claim TO the
and profits, and to sell my moiety Of the wilIards
Hotel property for the sum, in either case of
$500 COO payable as follows: So, 800 in cash on
the rate of $4,000 at the end Of every wear from
the date OF purchase until the whole purchase
money shall be paid, the residue OF the purchase
money, with interest, at six per cent, payable
satisfactory 70 III. A. Willard upon the whole of
the WIZARDS Hotel property and any future
improvements thereof. In which deed there shall
| be covenant TO insure and keep insured in the
sum OF 500 900, and TO assign the sum of 800 600
ana 10 assign the policy or policies as secs. ~
the purchaser to buy at the above price, sub ect
| to the Tayloe deed Of TRUST, amounting 10 ABOUT
$4,000, and 10 the Kearpey ground rent and 10
| have the privilege of anticipating the deferred
| payments IN sums not lees than 81, 600. The
II in latsA -,
| House property and the partition Of the Will
/ lard's Hotel property to be dismissed each party
paying ms own costs. The above offers 20
continue for three days from this date and 10 b.
without prejudice to the pending suits"
Down to this point the original is In the hand
writing or MI. Dayidge, and was drawn up by
him and given to the counsel of Mr.. Henry VIII
lard with the request that he would get his client
70 Sgn Il, and present il as proposition TO Mr..
Mr.. Bradley stated to him that he did not an
prove OF any such proposition, but would submit
II 10 his client He did submit it, and Henry
willard refused to sign IL, and il was sent back
10 MI. Davidge, who afterwards returned it TO
AFTER II 10 suit his views. Mr.. Henry Willard al
ieges that he directed his counsel to alter II 10
PIoPosnon 10 sell to Joseph c. Willard, and Mr..
bradley then wrote at the foot Of the aforegoing
paper as follows:
"Alterations required are seven per cent. per
annam instead Of six-s6,oo0 (instead Of s. ,O5O,)
and assign, 20 provide policies to be satisfactory
to Ii. A. Willard or trustee and assign To trustaa
| 70 follow the trusts, and lodged with H. A. VIII
iard or trustee, with power either TO reinsure II
d. Z. Willard fails to insure, OF keep insured
and assigned, said policies, the cost To be and
continue lien on said property, and an add
uon 10 the deferred payments Of purchase, and
covered by the deed OF trust, all taxes and as
ssments, notes, and charges Of any sort what
ever ana shensoeyeT, to be naid by said j. c.
to foreclose the deed Of trust, III. A. Willard 10
be Undermined and yedharmless from liability
for either the Tayloe debt or the KearneY lease;
and II either is sought to be enforced against the
trust property, or any part, or suit brought 10
recover by reason OF either of them, then the
said II. A. Willard may Immediately foreclose
the deed of trust. The foregoing alterations
are satisfactory TO me, and win be accepted in
j. G. Willard agrees by Monday - m. O'clock.
october I'd, 1871; otherwise TO be and stand re-
yoked.
I" II. A. WILLARD, Sept. 30. 1890 %. M
This proposition was forwarded 20 j. & Will
ard, who wrote letter, accepting il as a prop
osltion 10 sell his interest TO Henry, and not a
proposition from Henry, Offering TO sell has
interest TO }. Z. Willard, saying in the letter
mat he should require Henry Willard TO guar
antee him against the kearney ground rent and
the Tayloe deed, and pay the taxes, and do ali
the things the paper itself says that Joseph Will
Henry A. Willard admits the signing OF the
contract and the delivery of il to his brother
but alleges that he designs it TO be an offer 10
sell to his brother and not an offer TO buy from
his brother and to release the "Mansion House,"
and that II the alleged contract can be construed
10 be an alternative proposition to give or take
1t was signed by him through mistake.
The contract in question, If IL is construed TO
he proposition on the part of II. A. Willard 20
buy, has been accepted by his brother, and by
the terms Of the contract the existing I" Mansion
House" suit must be dismissed. Ii this motion
is denied, the defence claimed by Joseph c.
Willard TO the original action can be set up and
brought before the court In another way.
The motion now before the court viii only de-
termine whether or not the original case shall
be heard now, and whether the court viii allow
testimony to be taken In the case, and win
wait the hearing of the original case until the
testimony 10 taken in support Of the cross bill.
After Mr.. Davidgef argument and the reading
by Mr.. Merrick Of Henry Willard's answer TO the
cross bill, the court took . recess.
When they met, Mr.. Merrick rose 20 arv--
| against the motion on behalf Of Her. willard
when he was stopped by the court, Chief Ju<tice
Cartier saying that the court we're unauimous in
refusing Nj. Davldges motion.
~ showed II was not proposition TO buv or seu.
but proposition from Henry 30 seu and thaf =
position such IS that sought 70 be taken on this
paper nosu, could not be tolerated in Q court OF
-
A CoLosKD DocToR wrrHour A DrpIoxA.
In the Police Court, Judge Snefi, this mornine