Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-12-19
Suit sor an Injunction Against the
OlSllicl GnHeHumrnf

ThurTdsy. Messrs j. III. Bradley and G. P.
Harmon Tor John Sullivan, entered suit
sgerst Alexander @. Chenovitb, O. q. Burr,
w A. Cook, the District of Columbia and the
Auditor and Controller of the District OF Co
lumbia tor an Injunction. The plaintiff states
that on the 2Sth of July, 1873, the Board of
Public Works made a contract with one Alex
aDder q. Chenowith to construct certain sew-
eTs; that ChenOWith was required 70 give bond
Ter the performance of the work, and plsiatif
became surety IL. the sum of 81. 600; that chem
owIih was not a practical worker, was without
capital or means to enable him to execute the
sa1nei that CheDowith applied TO him and pre-
vailed on him to enter equal copartneTship
with him. and he made an oral contract with
him. That on entering on the work he found
him and the work must be either
abandoned or some other mode adopted;
dissolution OF copartnership took place; and
Mp 10 this dissolution Chenowith had not adj
vsnced one dollar or incurred a single obliga-
tiOn. Complainant, TO secure himself, took from
ChenoWtth a full absolute and complete assign
nept- with power of attorney to receive from
the Board Of Public Works, all moneys, bonds
ard berefts arising out of the same, on the 18th
OF September, and he Fled the same With the
clerk Of the Board of Public Works on the fol-
loving day. He reCites that he proceeded TO
execute the contract. furnishing all the mate
Tisl and latOr, and on the 10th of January, y 1,
he received from the proper officer a ceruhclte
Tor the work done, amounting to SG1L1O, which
certificate was audited and paid without any
objection from ChenOwith. The C mpliuant
states that be proceeded With the work and on
the I'd of November be received a further audit
Tor his woik for S10.s for which 3 certii ate
was u 35e, ard on the following day. on pre-
senting he was informed that sn'ssti nate b al
tsSn made out in the name of O. g. Burr a. P.
signee of ChenOwith. He further states that on
May II, -, the contract assigned TO him vas
Cancelled, 20 far as Il relates 10 a sewer on fO.h
street, between f. and streets, ami t street,
from 10th TO 18th streets, and he Charges
that 10 notIUe of the cancellation was
given him, and ii was done by the board, with
foil knowledge that Chenowith had made a
full assignment to him, which assignment WAS
recorded. He further shows that he had faith
fully completed the work, except that can
celled, which be was proceeding TO construct
but was prevented by reason of the board not
having provided outlets for the same; that
Chenowith subsequently came to him and in
formed him that the board required him 20 pro-
coed with the work, but not a hint WAS given
him that the contract had beee assigned, aud
on the 18th OF June he resumed the work and
now has nearly completed the sewer. That in
Move mber last he applied for his estimsts,
and was allowed $40 800, and when he
applied for the money or bonds, he was in.
formed for the first time that the original con-
tract had been Cancelled, aud that on the 18th
OF June contract was made at a higher price;
that this contract had been assigned to Burr,
TO him, snc WAS paid Burr, who had turned it
over TO Che2owith OF his attorney. Cook; that
the payment was made in 3-65 bonds, which are
now, or were recently IN the possession of
Cook. He further says that he invested
several thousands of collars on the work,
and charges that the cancellation of portions
VI WEE anu procured
by CheDowtth to cheat and defrand.
him; that Chenowith with the same object pro-
cured the execution OF the contract of June 10,
1874; that the assignment to Burr was without
consideration, lpaid or promised;) that neither
Chenowtth or Burr have given one hours work
or care to the work, but have stood by and seen
complainant, at his own expense, complete the
same under the belief that he was doing the
work as assignee; that the acts and doings OF
Chenowith and Burr if not void they estop them
from setting up any claim to the proceeds of tue
work. BE therefore prays An Injunction, &c,
and Judge Wylie made prelim uary order.