Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-03
SUIT FOR A MILLION.
A san Franciscan Sued by Jerseyite for
that Sum.
[san Franeiseo BuIletin. April "A


that sum.
ISan Francisco Bulletin, April 2d.l
Rodman NJ. Price has brought suit In
the Superior Court against Squire P.
Dewey. as surviving member of the firm of
Theodore Payne & Co., to recover s., 000,-
600, claimed TO be due from the defendant
as plaintiffs agent. The complaint, which
is embraced in twenty-seven printed pages,
sets forth that since 1851 plaintiff has re-
sided in New Jersey until few months
ago. In the year mentioned he was the
owner of some tweuty-one lots of land
scattered over this city, which he acquired
by purchase between the years 1916 and
1851. The revenue derived from this prop
erty was 100000 i'll 1850, $50, 600 in 1851,
S25, 600 in 1852, and s., 500 per month in
1858. The falling off III revenue was
partly due to depreciation in real estate
values, and partly to neglect OF plaintiffs
agents. In lS49 plaintiff became ac-
| quainted with Erasmus d. Reyes, an officer
OF the United States army, through let
ter of introduction from General Winfield
Scott. About the 9th of September 1851,
as plaintiff was leaving the city and ow-
! ing some $l00, 600, he employed Keyes as
his agent at $500 per month salary,
| giving him power of attorney. In 0cto-
Der, 1852, Reyes visited New York, leav-
ing plaintiff business in the hands of Ed
mund Scott. At the solicitation of Reyes,
plaintiff IN December OF that year, exc
| cuted power of attorney to Scott. On
the Both of May, 1858, plaintiff executed
another power OF attorney to KeYes, which
revoked all former powers of attorney.
| keyes returned to San Francisco in June,
| 1868. At that time Squire ?. Dewey and
Theodore Payne were carrying on a real
estate auctOneer business under the firm
name of Theodore Payne & Co The value
of plaintiff property in this city was then
! from $3.50, COO to $500 600, and produced
a monthly income of about - 500 Some
portions of the property were IN the hands
| of squatters. Judgments aggregating 1884,
600 were hanging over plaintiff, and the
| property was mortgaged Tor S3S, 900. The
attachment law OF California had been so
amended that, after July |, 1858, creditors
/ residing outside of the State, could attach
| property of their debtors within the State.
1t Is averred that during the visit of
| Keyes to New York or Immediately after
| his return, Theodore Payne & Co., acting
! through Dewey, entered into a conspiracy
with Keyes and Scott to obtain a title to-
plaintiffs estate for a nominal sum. In
! pursuance of this conspiracy Reyes pre-
| tended that he was not plaintiffs agent,
| but that Scott was. The value of the
property was Systematically deprecated,
| and the nature and extent OF membranes
exaggerated, and the possible effect Of the
amendment to the attachment law magnl-
fed for the purpose of creating an appa-
rent necessity for the sale of the property
in bulk prior to July /, 1888. Without
plaintiff knowledge, Scott made an agree
ment to convey the twerty-one pieces OF
property to Theodore Payne q Co. This
agreement was made on the 23d of June,
1858. Payne and Dewey paid Scott and
Keyes $40 600, to which sum Scott also
added So, 500 OF plaintiffs money in his
possession, making Sl3, 500, which amount
was equally divided between Scott and
| Keyes and charged to plaintiff as commits
sion on the transaction with Payne Co.
The possession Of the twenty one pieces Of
land was therefore surrendered by Scott
and Reyes to Payne and Dewey.
Plaintiff AYERS that he was kept IN ig-
norance of this transaction for a long time
after its consummatiOn. Upon information
and belief plaintiff states the total amount
of the transaction was SIP, 600, which was
used in hquidating plaintiffs liabilities,
and clearing the title to the property for
the benefit of Payne & Dewey. Plaintiff
is of the belief that Sl20, 600 or there
abouts was derived by Payne & Co. from
sales made of a portion of the property;
that the total amount realized aggregated
| $50, 600, and that Payne & CO. never adj
vanced any money on account OF the trans
action, but temporarily gave their checks,
| which were paid out OF the proceeds OF the
sales. 1t is further aveTred that, although
| Payne & Dewey ceased general business
! about the LIST of March, 1885, they cOntln-
ued to convey portions OF the property,
and to deal with the proceeds thereof until
| the death of Payne, about April 9, 1861.
| That their dealings were very numerous and
complicated, and that without an account
ing of the books, and an examination un-
der oath of Squire p. Dewey it would be
impossible for plaintiff to ascertain the
amount realized over and above expenses
from the income and sales of the twenty
one pieces Of property, but upon informa-
ton and belief he charges the same to be
not less than Sl000,0 900.
Edmond Scott died about the 4th Of
November, 1873.
Plaintiff sets forth that his official and
! private business in the Eastern States has
prevented him from visiting California and
prosecute his claim against Dewey until
recently. Wherefore plaintiff prays that
it be adjudged and decreed that the income
and revenue OF all sales and conveyances Of
the twenty-one pieces of land made on be-
half of Theodore Payne & Co., or Of Squire
p. Dewey, are now held by the latter in
trust for plaintiff that full accounting
be taken, and that he have Judgment
against Dewey for 81 GOO, 900, or whatever
sum may be due to him.