The sun., 1878-05-03

William II. Whites suit against Clark
Bell. TO wind up their partnership as owners of
the New York Nal newspaper was before
Judgc Sodgwick yesterday, upon motion on
behalf Of the plaintin for receiver and an ne
counting. The plaintiff says that Mr. Bell
bought the property ut Sheriff sale for their
joint account. A conveyance was then made to
u now proposed corporation called the Now
York Mdd Association. but further than
Hing nrteics Of incorporation the project was
not carried out. and the property continued in
I'm ownership OF the two as partners
Mr.. Srwcll, for Mr.. Bell. in opposition. says
that there, is 40 danger of the suspension of tho
newspaper, denies tho charge of mismanHgc-
mont and adds that the only drawback results
from the active hostility, Of the plaintir and
that tn advances referred to were made by tho
plaintiff as President Of the corporation. to Mr..
Bell ns treasurer and manager, and not to him
Individually.
Mr. Sewril rcnd Mr.. Clark Bcll's affidavlt that
Major j. NJ Bundy had been discharged by him
in the interest Of the Erening Nal, and that tho
ShCr1's sulc was the natural result of Major
lundy's ats. He would willingly buy DR..
Whites interest in the newspaper
Mr. Fuller for the plaintiff, said; Thoy have
used violence to put parties out. Mr.. Boil seized
DIR. White. in his aftidavit, says;
am with clark Bell the iint and equal owner of the
Ncw YORK Mi% %nrw,paf&r & H' ms has NO "ios fsh, to ns
tween tiuD0 and sidoo oi my money which / have
s @ Hi. S5 oaoy y no%Se appca % ss ii GS GS ca. 10 S oS S
c s.ngg9 sinc, The summon, nc ~ and cog'nt ~ s. ie NIX
ten aud snt to Major Bundy letter, Of which the follow
Ing copy
j. NJ Buypv. E.o. regret to be Obliged 70 discharsc
iorsily witt tlc WI TO iSks cncet this date
WY Ci,nS VII. Manager and Treasurer
Tho effect " di@onunuins Major bundys services as
Sar Ss 3o @ % s"4 WA IN he a 9Ssy S to %a R as s m G
uiI knowi DE Mr. bel has made ySneu, rrcpo..non.
PAPER hut I do not consider him responsible
m, amR "n saqined MS1 our ai'ir' ,n ean
n,e.iig1tiou VI Wr Rel.. a,e.nt. Ibe .,spc.tn M
ascmcnt of q DEFENDANT ha. cit in tic property ian
inorm'd gtd y,ry behe's ugt gn accountin7 b,twccn
my debtor at that tc PAPER would not lVe teen ia IT.
,scnt nanci en9at assn, a. gtiOr " Tck n. - and
An affidavit was also offered from W. J. 4.
Fuller. as an expert in the business Of publish
ing newspapers. He says:
have thoroughly examined the hooks oi the New
Soh Na ncm,r"gT & and .asc % ni,G ,y,y & eN nil.l
Department. of the said newsparcr nm thownlh.
n, v.ta1"r has t,,n coninrted Al n los, "i from,
hundred dvc hundred dollars wcckly, that the
ag,d In ali is dcartment, tpat dc rarc- toniuctns
lie business oi the .aii newspaper Whoever u,y
ncwspalcr; mat He cAcns have h'en out AL rro
W what they Should have been under honest aud capable
ha,c REPEATEDLY gnlcavorod 90 enact an Arrangement
between thy liaihn ana W, srieu1iaut euiaut nN men on'
n,d That .uch Arrangement wan be- Impossible and
that the rHff viii hc utterly ruined property Dr. the
defendant uc permitted continue its infringement as
heretofore.
Ghavo examined the books Of tho Nul for The period
rn Nu, - 1877. t0 April 49, ls5s, both datis inclu
sive The h'ohs show that The receipts ."r uns
period were --ulrl ami the cNi us.s ilr the
.su'e period were $3.50. 4 drdu, ton "i h,.
tween one aud two Thousand dolars should Dee made
from it lccrtt- as tus amount came from IN" assets
ui fhc Hd HflnY Wi Association. An rduiuOn should
hp made tu the VNVtc u between &iWu amt 7atNt for
tle debt. incurred tUr partr ami salaries dt- the same
rruud. which still tur and unpaid. Nr MurphN told
me that there was due Co him over s2l'p fnr paper
MI BDl TOLL lnc that tcfe was due o. Mr.
Locke between 81 20 aui -t~D iur his services
furald a@ G.oise II Nar,iand have
to,i that ihr laDDr owed them for tnVr scrv.,s
TIE aI-tvgntc a. tedne-- to Tie .mp oNcts. excl a.
lu the amount due 90 MI Lu'ac Mr. hundt STATE g. lc
o'cr si0oo Angsnaie from the book Of thc enInin3s
ad Nftuscs ui the paper nom Feb - iS7s. TO March
70. is7~. have eAaminei and il 10 be- correct rhe
average earnings Tor week during sald pcrui were
sr;1s. amt tAe weekly cNlen'e, were si.IGLlt This
estimate tNcluicd the salary of Mr. Locke
| manager. M tie rate ot - ~ per annun.
The loss IN publishing the paper Tor the rerioi nom
Nov -. 1871 a. Alr rs. lS7- exceeded $1,000 This
los- with tic calculations M the lookkvelcr whu
| also makes tho loss about SJOi weekly
Every day. delay IN settlement of the a renee.
between the parties Will Increase the los ol tho pauun
| herein. y. a. itLtL