The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-12
BARTERING FOR A BARR00M
CHRlS1IAN R1UH'S DISASTROUS EX-
CHANCE or PROPERTY.


Seeking Redress ut Law aud Obtaining Only
Promise that the Defendants would Not
Sue Him for Falsely ImprisoninE Them.
Christian Rauh sold confectionery at 1873
Chrystie street But he fancicd that he would
like to be the proprietor OF Il barroom llo men,
toned this desire. he says to Albert Miller. an
old friend OF his. and n son Of one Of kauh's
fellow countrymen Miller knew OF man
whose barroom WAS for sale. and he intimatcd
to Rauh that no could assist him to an intro
duction to the envied man. and that. being pre-
scented to the proprietor OF the saloon under
such favorable circumstances. Ruuh would not
find it difficult TO enter into negotiations look
Ing toward the purchase of the same. Rauh ac-
cepted Mller's invitation to drop around to the
barroom at 256 Cherry street. on the morning
Of Feb. IL. and be introduced to Charles Berger
the proprietor. Rauh AYERS that Miller told
him that the stock. fixtures. and license Of the
saloon were owned 10y Berger. The meeting
took place. Rauh was introduced to George
Soldier. who happened to he present
A general conversation ensued. Representa-
tions were made to him. Rauh AYERS. that Ber-
ger paid 81 800 for the store; that he was the
owner OF n prosperous satchel mandatory in
New jersey and OF wcll-patronized butcher
stand in Washington Market; mat ne bongnt
the hnrroom for his son. but that the latter. find
ing the liquor business unconRena had So.
cured position us bookkeeper in conn, rcal
"
was too much occupied in other directions t. at
tend to the harroom. and that this was his rea-
son for wishing to dispose OF IT, that the rent
was only $40 per month. and was paid up to
date, and the patronage given to the 0nrroom
OF bottles on the shelves contained choice Ii
Quors. and the barrels showily disposed about
the barroom were full Of spirits. of various
kinds; that the license was paid for. and that
there was no encumbrance whatever upon the
Rauh. by careful economy. had become the
owner of n hOuep "a nd LOT i'm TramOnt This
erty. for which he paid $4,000, was mortgaged
Tor 5000 and the title was held as collateral Sc
RAUL alleges, were laid before Miller Berger
and Seidler. Then they offered to exchange
the barroom for the deed for the house and lot.
Rauh giving $500 to boot. The exchange was
effected on the following day. Upon taking
possession OF the harroom. according to Rauh's
Rverment. startling discoveries were made. He
found that the bottles on the shelves contained
only colored water that the barrels were empty.
and that the license and the gas meter had been
taken away. The landlord demanded sll6 ns
arrears OF rent, aud Threatened TO dispossess
landlord that the rent was s7I. and moi $40. per
month. He soon found that the patronage OF
the oarroom did not exceed 50 per day. aud that
the stock and fixtures in the barroom were not
worth more than 400.
On the strength Of these discoveries Rauh be-
Marine Court against Miller. Berger. and
Soldier to recover 81 900. the difference be-
and lot in Trsmont and the bSrro eT The The
three men were arrested and bail was fixed at
4Z.OOO each. Soldier found bondsman. but
Miller and Berger were locked up in Ludlow
street jail. Miller Berger. and Solder were
tried Yesterday in the Marine Court No other
court Of record WIS open. and the court room
was densely packed with spectators Rauh.
though he has lived in this country for twenty
nine years. required an interpreter when he
was on the witness stand. After the testi-
mony for the plaintiff had been given. Lawyer
Alfred Stecker, counsel for Miller. Berger. and
Sedler. moved for their discharge upon the
stenographer's minutes. He argued that the
testimony for the plaintiff showed that he was
allowed ample time ana opportunity to inspect
the barroom before he agreed to the exchange.
Having failed 10 do so. he could not find fault
with his bargain. He is estopped by the prin-
cipe OF law. caveat emptor. from seeking re-
dress.
Judge Sheridan said that he felt that his duty
compelled him 10 grant the motion. He ordered
that Miller. Berger. and Solder be released As
they were quitting the court room. judge Sheri-
dan directed officers TO bring them before him
again.
-" l want stipulation made" he said to them
that you will not sue Mr.. Rauh for false i'm
prisonment"
Berger. Miller. and Seidler looked glum and
were silent Lawyer Steckler urged them e
make the stipulation. and they finally yielded
The costs OF the suit estimated ut 500. exclu
siye OF his counssls fee fell upon Rauh.