The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-12-25
A THIRD JUDGMENT.
George d. Hills B0ndsmen Held
on the Third Suit.
THE ATTORNEYS FEE CLAUSE.
Does Not Make Notes Non-Negotia-
ble-Ciry Loses Rams Horn
Right-of-Way.

Judge Llcheenberg yesterday rendered his de-
cisi01 in 7ae action brought by King county
against TIE oandsnen OF the late ex-CoHaty
Treasurer George D. D,.l 10 recover s2s.If3 81,
| Claimed 70 - Que III county 81 the close OF
| HIS third term 9: office March :, ISs7. The
decision was Esaee n favor OF the eountv and
against Z 3, Ferry, kosn smith AID David ksi-
logg, executors Of the lsst Will aud testament OF
George D Hl!: and John Lear, Joseph T. Nc
Saazht George ". Harris, Z. P. Ferry. Subtitle.
Baxter and u c. Phinney. the oonasmea. Inc
case s one OF tie most important eve tried il
King county and has been II tae courts OF over
four years. Il Is tae third aud las. 0. the taree
SUITS brought against George D. HI! in
neiiately after the expiration OF lis
three terms OF oflce il lss7 The suits
covering tie frat two terms have gone through
e.! sne courts, and me first, amour ting 10 So
90, was settled during the past weeE- The one
covering the second term. about 70 De paid o.
the bOldsmen, amounts, VITA inter 81, 20 about
81 ,0o9 Tie third, decided BY Judge LicAien-
berg yesterday, is the largest Of al Originally
II was s-9li&00. but now, Win interest i
amounts 10 over $4,000.
Judge Lichtenbergs findings OF fact ami con-
illusions OF law. aud MS opinions each cover
seventeen closely written typewriter pages. He
approves nearly al Of the findings of the ref
cree 70 whom the case was first submitted
Among o:her things in his opinion he sage:
since the commencement OF the seton George
D. Hill, the principal, has died. and l. r Ferrr,
EDen smith and David Kellogg have Deen ap-
pointed executors, etc. and said executors sub
sttuted. Aside from the TACT Of whether or not
shortage occurred wails George d. Hill was
treasurer. inc principal question Of fact relates
70 the BOND. IN b-.ei, TIE facts are that NJ
Hi procured on= u. I. Wheeler TO have his
Official bond executed BY sureties. When the
| bond was presented and signed b. perhaps al
except Guy g PhIaney, the name OF Henry l.
lesler, or some one else, was ~ the BODY OF the
bond as one d the suretes. This surety, however,
did not sign or execute the same. The name was
neatly erased from the tody Of the bond and e.
g Fhln2e7' name placed over the erased name
and signed bT Pninnev- without . very close
Close and minute examination and inspection
o. the pond, this ensure cOu q not hays been
detected. he bond was presented 10 the
county commissioners without any knowledge.
either from the bond ltse.t C- from any other
source OF this sub7tl-utiOn OF M PainDer, eut
By TIE county commissioners duly approved
aui accepted.
Several legal questions are Involved ana
have been argued, to-wit Plea of non %. far
tim: that the bond was joint and several: an,
wlethe! judgment could Ia rendered against
the principe. and Mr.. Phinney alone, anu Ike
questions.
The conclusion have arrived at makes It IN
necessary 10 lass upon these legal prouos TONS
The TWO main legal propositions involved are:
tirst-W ether the bond is valid, whether the
obligors ara liable.
seeon1-If liable, whether for the deficiency
ex sting January. lSs7. or the amount existing
Ii the hrst proposition is answered in the neg.
tive the second need not be considered.
Is the bond valid ana binding? The defend
ants. excepting Phinney, contend that it is not,
because they signed an executed and delivered
TIE bond 10 Mr. Wheeler when Mr.. lesIer's
name was in the body, and to an extent relying
upon his name being therein, and expecting
him 10 sign II as one of the cosmetics they exc
cuted ana delivered the bond.
Whether or not the suretiss under the facts OF
this case are released the authorities d fer. In
Is
before
Il is unnecessary TO review the large number
of authorities cited on both sides, because, in
deciding me first question, ! apply the rule
that the county commissioners OF King county,
| not having known or had, either from the
face OF the bond or from any other source,
notice sufficient to have put them. reason
ably prudent men, upon an inquiry which
wonld have disclosed the facts" the ooligors
cannot avail themselves OF the defense set
forth.
The court also finds:
II the bond presented 70 the commissioners
had had the name OF Yesler in the body of the
| bond, or his name signed thereto. and the
erasUre consisted OF a Inc or mark through the
name, or Il in any other way the name had sp-
pared, then the commit .sJou-rS would have had
notice, and the rule would not be applicable
An examination o. the authorities that hold diff
iersat WIiI Ii all cases. snow that either there
was something on the isce of the bond 70 place
the obiigee On notice. or that the obl!Cee had
| some knowlelge ms want of notice or knowl-
edge OF the county commissioners is the vital
fact and the one 10 be borne in mind in apply
Ing the authorities
The opinion cite. large number OF cases to
show that the bond was valid and that the fact
that they only went on the bond until January
!. and Mr. Hill held Office until March, did not
take away their liability.
In his conclusions Of law The Judge found as
70 lows
F.rst-That the said bond is valid and binding
upon al o. the obligstors-the defendants
Sec0ud-That each and = OF the defendants
are estopped from denying the same a. their act
ana deed, AMI that the said suretes' ia 7ility
extends oye~ the eut c period OF time during
winch sad HI Sctsd - treasurer, TO W.T.: jan
usry, iSS5. 10 Ma-cn. lsS-
Third-Th the plaintiff, the county of King.
Is eHHted 10 Judgment in the sum of twenty
nine thousand one huad 81 and f0rty-three doll
lars and sixty cents ls24,i4SG). with interest ST
10 per cent PEI anuum from the 7th OF March
l>S7. in manner and form a follows to-wit:
Judgment in favor II the :. Amt Il ana sgnins,
/ Ecen smith Dsvia Kellogg s7d Z. p, Ferry. e1-
ecu o-s OF the last wi and testament o. George
| d. hl'l, deceased, for the sum OF tweuty-uine
| IN ussn4 one hu1i-ed ana for,y-three dollars
and .iXty cents (S9'.li56N. with interest from
! the tn day OF March, lo>7. together vita its
costs and alsourse neits, ana AZ thew the sad
executors pay TIE said JUDGMENT ia the
Gue course o. the administration OF
Of tie plaintiff and against John Lear,
/ JOSEPH +. MCNaEEut, George W Harris
/ ?. Ferry. >ntcliife Baxter and G. c. Painaey
/ ior Inc iHa 81 tTeaty-nine thousand one nun
dr"I riy-trrea i..lsr, and XIV cents
t29liSGp}, VIII interest from Ma-c1 : -.
together " IN is costs and disbursements and
IL detsnlt Of the payment thereof execution is
sue against sail John Lesry. Joseph f. NJ
Naught, Georg' V Harris. Z. ?. Ferry. Sa:c.ita
Baxter AMI q e. PaI.nav.
let iudr'Ieat b. eatere 5 accordingly.
j. G. Haines. for the bontsmen, made & gen.
eral exception 10 the findings a. far a. they were
sga!ust them. and Re gave notice % = motion
for new tila-. The case VIII surely be ap-
pealei.
THE NOTE WAS NEGoTrAprF