The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-09-22
WHY lie QUIT TIE BRISTOL.
SUING IBOiRDER THE TERM or WHOSE
LEISE MAD NOT ENPIRED.
Two sets of Opinions Concerning the Flavor
OF the Game. the Condition OF the Eggs
nnd Cofee, and the Age of the Batter.

Yesterday morning the case Of VIM. II.
webb against Joseph Milbank came UP before
Justice Pncknoy at the Fifty-scvcnth street
Court Mr.. Webb ia the owner OF the Hotel
Bristol. at the corner Of Fifth avenue md
Forty-sceond street. and Mr. Millbank.
up to June last, was lodgcr In
the house. The suit was instituted against
him for the recovery Of $40. being
tho price Of four wocks rent Of rooms. Ho
signed an agreement in October 1877. to re-
main In the hotel and to pay s3j II week for
rooms on the second floor. which were then
allotted 10 him. The reason Of his quitting MIR.
Millbunk said, was the change IN the proprietor
ship of the hotel on tho 1st of January lnst
the house passing then from the hands of Mr..
Charles L. Dodge. formerly Of the Palace Hotel
In san Francisco. into tho hands of Mr.. James
Carey, manager under the ownership OF Mr.
Webb. Tho plaintiff said that Mr.. Millbank
loft simply TO suit his own convenience. his
father having gone to Europe. and offered him
tho use OF his house during his absence. The
trial Of this case opened up an interesting neld
Mr.. Osborn L. Bright lawyer for the plaintiff
read his charges In the case. which were 10 the
Cflect that Mr. Mllbank had in October 1871
made "A contract To pay certain prico for rooms
In the Hotel Bristol: that the contract was 10
close in October. 1875. that Mr. MliOank. with
out good reason for so doing left Oh the lst day
Of June 1873. and that at tho end Of a month
from the tmc of hs leaving. when a hili FOR
four weeks rent was presented to him. hc re-
fused to pay. whonce the suit
Mr. Vim. Niles. lawyer for the defendant,
made answer that his ellen, had made an
agreement with MIR. Dodge whereby he was 10
have n restaurant equal To- that OF the Windsor
or Cafi Brunswick. AMI whereby he was to hav0
the quiet and cXclusiycnc-s OF a family hotel.
| The new manager did not conduct the hotel.
counsel said. according to these promises.
After the change everything WAS unsatisiac.
tory. Mr.. Carey was very disrc.poclful, and
his conduct amounted. in law 10 an evi'tion'
| Mr. Carey rreshnt MANAGER Of the hotsl was
' N"'vs' p.'7''''' i''''"',1' W '''e Wa,
cHi!eu uy mo lroS''u"oh, h' us.."'' ''"' nr
| had been manager sin c June. 1871 when de-
! fendapt came TO "a, h.trl IL -lw ihe, asree,
! mcnt drawu M nnl signed hy Mr. Dodge ami
! Mr.. Millbank. H. had witnessed thc signatures
agreed |" three rooms ON The second nor ior
81 $50 a year. Mr.. Milbank entered at ono,
into roSsSs9n 3t iPe nrem'is7 and ri,man9i rrni
| every Week regularly, theie ,Wls ohB one
| copy.of the contract. and mat nad hr Elv1n u
sets sets St testimony directly at yarance with one
RRno,,hfhr, concerning the Hotel Bristol were
Tho witness was cross-examined concerning
bis illness - Keep hSiei inansw to Lawyer
Niles. he said I'M, he mad been M enSlheeI, Z"
| four years Immediately previous to taking
charge Of tho Hotel Bristol h" hal been Sup.fln-
In earlier lie he had been an oiler inthc United
StMca Navy.
and n ong nose. shaped precisely Ike those of
| the historic Shylock Of the stage addressed his
Honor With tongue epi Whit toreenger, an. and
Upon one 9cseas,on. your Honor" Mr. Niles
| litigation with Mr. webb he remarked 70 me;
| i want you to understand taat I'm n
nghtins man J maite answer that ihlss
! will: for II yeu see anybody venturing 70 put
up nt his hote after the testimony whlch ! shnl,
| evoke IN this casa, then am no Judge ot good
| common sensc. shall prove 10 you that nay
Client before he engaged rcolas at ne hIsei
Brso wa- very eareip 10 asGedT'ibn gyerylhPRg 5 R
| found the COOK OUT, az i found that pc wns
a cook not 10 be beat. He knew. also that his
Of conversing with somebody in tho parlor,
whose contact woq1 hGaSa without fault NJ Il
took care to hnd that al Qnt, aai 49,: hA made
rs .,.ee;;,"-,, " '';.- ~ liglt w the nfst oi
JanuQry, but then one morning NE enE'neer
Gilcr cndcayorel e treat ggesis g MI Webb
sido the har'or. and went, 10 work 70
staryo thom. Thcn, your Honor will
h33w ai a fnfbnS'r be rcuMTmSnt Of '3R tho
dcl:caci"s On the ,bill 81 fare. he carried u
far that the cook loft him IN order 10 save his
itoe stintngo game on the table AMI that he ordered
| cauvas-back ducks not SO big as your two
fingers. | shall show you that thoTe was only
to hat you had 70 60 through u bedroom.
snail show YOU that thoy sold rum IN lhht hotei
without lirens,r. and even on sunday. shall
show you that Mr.. Webb loves money too much
and has carried too many cmigrants TO keep a
ilrst-clqss hotel in this ciy 49,, ,ooto,o ,,,u,
frightened, and Mr. W'atherbec, one9i the lro-
lrietors of the windsor i0rmerly clerk al lhe
Fifth Avenue and Tor thirty-nyq years ln me
hotel business. took the stand. lie testified mat
Corey had charge OF AL mechanleal matters AZ
tho Windsor, and had nothing TO 90 WIN the "a
PIE and ne kitchen: Nm' 4; B9ilara. VINO ao,i Is
u IN tIp ~ l @ oaTs 1p ~ had rvcd In
humorous hQtclS hai t1e tIne - ihtl7 anu m u nitl,
' an nereoment S Htw Win Mr. Dodge when Vent e
t's' NJ ,rcr, servad n tho Windsor or Brurswick
and that dinner al tho last minute should be as
@"' @no II,' as NJ He rst But Iufng he superin.
t"lsnov Toll a. Nr Go"sv Ind dsreneroted. olica.
cins en,stn |,iii ~ saws
liz Honor si,rcestcd thati IL the table had do.
teriorats1 in the opiniOn OF the gentleman, II
NtNo ~D4t -, t-o.t ~