Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-08

TJTT6SEnIHIIHFN
presence of one Leonard Huysk, and that tue
complainant is est0pped from making his said
ayerment that he had no cCpartners by
s a t faet t 1hat he Signs the contract and
he denies thas he has ever, either by himself or
Dis attorney, or any other person or persons act
lhg uncer his authority, msda any effort TO in
d9ce the said Board of Audit to ignore any of
bis said orders, either at the time stated or at
any other time. He denies that all of said
orders, except one for s536, have been returned
10 complainant He states that on the 29th day
OF May. 1874, defendant gave TO complainant
an order on the Board or Public Works for
5000, which was duly honoret, AMI that on
the 18th Of June, 1874, be gave T. complainant
second order on the Board of Public Works
for So 900, on which he has drawn certificates
to the amount OF $1,000. The dee ldant denies
that any of said orders have been returned
90 complainant because of the interference
of this defendant, and that all and every
OF said allegations are utterly false aud
without any foundation whatever in fact
de states that the charge that he is insol vent Is
wholly false, malicious, and made for the Dur-
pose OF ipj uring him; denies that he has applied
10 the Board of Audit for a certificate of the
entire amount due, and asserts that the charge
that he had any intention to defraud tas la
bereTs is false and malicious.
In support OF the bill Wiley files an afiiayit
denying that be received orders ID the amOunt
OF $50 523 go but admits receiving orders 10 the
amount OF S2i 0C0; asserts that his men have
commenced suit at the instance of defendant,
who represented 70 them that he was going to
run sway; that the engineer measured ais
portion Of the sewer and accepted il; denies
receiving the letter notifying him II clean
ont the sewer, and AYERS that he did cisau
ont his portion, and returned all the tools
belonging to defendant and paid fer tn cir use.
He also presents afidavits that he comp amt
anti pusf ed the work forward with energy; th4-
parties connected with Strong ate mpted to OBJ
sIfuct II by representing that they would never
get paid, and the object OF Strong was 70 force
complainant 10 give up the work, and he knO rs
that Wiley completed his part to the point
where TIE engineer directed him to stop. Al o
an affidavit Of VIM. Clements that he told VIII
ley ne would advance him "a much money as
he desired to enable him TO build the sewer aud
ne dld advance him money until the com Jleton
OF two hundred feet, when he was advised by
Robert Boyd, who, he says, was acting as clerk
or general agent for Strong, that Wiley should
not have any pay for building said sewer sex
cept as Strong was disposed to pay him." He
then notified Wiley that Strong was disposed to
give blm trouble and he would not advance any
more money. He says that when Strong had
completed about one third of the sewer tn at his
men refused TO work for fear they would not get
their pay; that he was very much indebted, and
suspended work for several months. He saws
he knows that Mr. Massey, who was clerk for
Strong, bought the time of the men for fitty
cents on the dollar. He says he knows that
Strong sub-let portions OF said sewer TO different
parties, and that he had trouble with all of
them, and that this trouble would commence
when the sub-c0ntractors were entitled to q
payment. he says there was some talk about a
partnership with Wiley, bat he never entered
into one; that he refrained from doing SO be-
".
The defendant filed an affidavit OF L. Huyck
that Wiley applied to HIM TO aid him in obtain
ing contract from him, (Strong,) that he (H)
drew the contract and it was executed in his
presence; that he CHI notified W., at the re-
quest of Strong, that as soon as he completed
the sewer according to contract. he Isl would
make final settlement with him, and he de-
hvered the letter Of Strong ~ wiii..ccT on the
18th of August; also. one of David j. Bryant,
dated September IG; that the sewer built by
Wiley /: not completed; that the nau-hOlos
are not finished; that the pudlocks have not
been stopped up; the debris has not 0een
cleared OFF, and he is now engaged to complete
said work by Samuel Strong; also number a.
to his good character and responsibility.
In the court below an order was made on the
18th of September enjoiDing and restraining
Strong, and attorneys, solicitors and agents
from collecting Or receiving from the Board OF
Commissioners or Board OF Audit of said Dis
tTict, or other person or persons, payment or
certificates or orders to the amount and for the
sum OF five thousand six hundred and sixty-fiye
dollars, on account of the work mentioned in
the bill and answer in this case, until further
order of the court in the premises. From this
order an appeal was taken.
The defendant argues that there Is no ground
Of equity shown on the face of complainant's
bill; that if he has sustained any damages they
arise from breach OF the covenant or written
contract, which furnishes cOmmOn-laW rem
edy and common-law jurisdiction, and there
being no equitable jurisdiction in the case there
should have been no injunction granted in the
premises. To make out an exception to this
legged which would influence the court to relax
tins rule. No special grounds are alleged in
the complaipant's bill. He says: 1t will appear
upon an examination Of the exhibits filed By
defendant that he has never refused TO perform
any part OF the contract with complainant, but
from tine to time gave him such orders as the
contract called for as rapidly as complainant
finished the work called for by his contract
tetore he could demand any payments.
The complainant has failed to show that
he completed the work which by the
terms of his contract he undertook to do.
And charges that the allegation OF fraud and
insolvency is utterly unsustained by any proof
in the record, but the contrary is abund3ntIy
proven by the sffdavits filed by the defendant
Strong, so that il would seem from the eyiden
produced by both parties that the complainant
has failed ~ show himself entitled to any relief
in any court.
We do not think that a party ought to be en-
Joined from collecting his money, justly due to
him, on such grounds as the complainant has
made out. Mr.. Strong had a heavy contract
with the Board OF Public Works, and was ne
cessarily subjected to large expense IN carrying
out his part of the contract, and is now enioined
from collecting his money, with which to reim-
burse himself for his outl8ys, by one who comes
into court and shows himself to be in default
with respect TO bis contract with the defendant.
This is inequitable and unjust; wrongs which a
court of equity cannot sanction.
Mr.. Strong does not desire to keep the COM
plainant out of a cent of money which is Justly
due to him, and never has at any time refused
compliments orders when complainant brought
to him certificate of measurement of his work
contract; but the contrary is true, that the fe-
PENDANT has many times paid complainant
when he was not bOnnd to do so by the terms of
their contract. So that if the principle that he
who seeks equity must first do equity and come
into court with clean hands be applied to com
plainant in this case, he will have to go out of
corrt paying the penalty of his folly. We
therefore ask that the decree Of the court be-
low be reversed, the injunction dismissed, aud
the judicial maxim, "Let every man have his
own" be oplied to this case.
The appeal was dismissed for want of iuris-
dictiOn. Appeal entered to the Supreme Court
of the United States.
SPECIAL TERM-Judge Hamphrsgs.
To-day, Tompkins agt. Blumenberg aud same
agt. Mandl we're dismissed. number of rou-
tine motions were acted upon.
POLICE COURT-Judge .SRsU.
To-day, A. C.jChenOwith forfeited colIat-
eral. Eugene j. johnson, profane and indie.
cent language; g. VIM. S. Hawkins forfeited
collateral. William Fletcher and Charlotte
Fletcher forfeited collateral. Kate Middleton
profanity; s.. Gotleib Ashwander, yagrant,
was sent down ninety days. Mary Ward, pro-
family; So Edward Hill and Sarah Bingham
loud and boisterous talking; IS each. Jas. II.
johnson, an able-bodied vagrant, was sent
down for ninety days. Daniel Brown forfeited
collateral for fast driving. W. NJ. Coleman
forfeited collateral HaDpv Rriap hoy- n,os