The morning call., 1892-05-03
LTENHOLDERS BEATEN.
San Rafael and TiburOn Railroad
Scores a Victory.
Judge Angellotti Declares That the Claims
of the sub-Contraetors Have Been
Fully Satisfied.

Since the beginning Of March an interest
Ing fight has been going on in San Rafael
between the two cOntendlng factions to the
mechanics liens against the DOnahue rail-
road.
Yesterday a decision was rendered in
favor Of the railroad company, and the liti
cation which began in April, 1884, upon the
completion of that part of the road lying
between San Rafael and .TiburoD, was
brought 10 a close Judge f. NJ. AngellOtti
of tile Superior Court of Marin County
handed down the opinion in the case.
From this it appears that Petor Donahue
gave a contract in October, 1882, 10 build the
railroad from San Rafael TO Point TibuTOn
and to cut through three tunnels on that
line for the sum of S246 GOO; that the Cor
don Hardware Company, S. H. Harmon Il
Co., the Safety Nitro Powder Company,
Isaac +. Davis, Wellman, Peck & Co. and
others were on the bond of Malcolm Mac
donald, the original contractor, and then
became material men, to supply the ma
teTial for the construction of the road. The
work proceeded continuously until April,
1884, when il was finished.
BAD BEGINNING.
Three months after the work began Mac
donald's bOudsmen caused him TO assign his
contract 10 L. r. Hawley. That gentleman
died few months subsequently, where
upon the bonQsmen resolved to. carry on
the work themselves. which they did, Isaac
Il. Davis, as their agent receiving all the
money and paying the bills under their
instructions and advice.
The final payment due from Peter DOna-
hue for the completion of the work was
S48 COO s. Fl. Harmon d Co. and the
Gordon. Hardware Company filed liens as
subcOniractOrs against the road on June IS,
1884, for the amount of their bills (which,
with interest, counsel fees aud cost, would
now amount 70 abb at SIS, COO, suit was COM
msnced Immediately, and the case was tried
early in the year 1855. before Judge L. b.
Mahon, the then presiding Judge at San
Rafael.
In 1885 Judge Mahon nonsuited the plain
tiffs because tile liens were IMPERFECT. APP
peals were taken TO the Supreme Court,
which upheld Judge MahOn'S decision and
declared the liens 20 be invalid. The plain
tiffs. however, applied tor a reheariDg,
which was granted.
AHARD LEGAL STRUGGLE.
In the second hearing, before the court in
bank, the nonsult vas again sustained as
against the Gordon Hardware Company.
but was reversed as against ). Ii. Harmon
& Co. ThereupOn petitions were filed by
both sides for another hearing before the
Supreme Court in bank and again granted.
The third hearing was holly contested, and
the Supreme Court reversed The lower
court in both cases and Temanded both
actions for trial de nOYO.
In this new trial, which has just been con-
Guided, the railroad company brought evil
6enCe to prove that Harmon and Gordon,
the plaintiffs, were also the bOndsmen OF
Macdonald, the original contractor; that
they took the contract out of Macdonald
and Hawley's hands, and carried it out
themselves; that they called at Peter Don
ahue's office on June 10. 1884, aud received
the Snail payment OF ,0l0, Teceiptng in
full for the money due, under tie contract;
and that they represented TO Peter DOnahue
and 10 Reuben II. Lloyd, his alto neg, that
they had filed ne liens on the road.
NOT A SQUARE DEAL.
As matter CT fact, however late in the
evening of the previous day, and after James
NJ Donahue had examined the records up
to that time, they deposited In the Recorders
Office at San Rafael the two liens now in
suit; but Peter Donabue, unaware Of this,
paid the balance due under the contract,
and considered the matter ended. The
company also set up that the work was
completed, and the trains running on seized
ule time as early as May 4, 1894, and that
the liens filed OH June is, 1881. were too
late, because filed after The 30 days allowed
by law.
: Judge Angeilotti dwelt largely upon the
point involved in the lastdefense, and showed
In his opinion that the testimony clearly
demonstrated such TO be the fact Further
more, be said that the final payment made
by Peter Donahue of $500 was received
by Isaac r. Davis as the agent Of the
bondsmen, including the plaintiffs, and was
then disbursed and divided up proportion
ately among the bondsuen With the knowl-
edge and al the request Of both plaintiffs in
this action.
THEY ARE NOW EsTOPPED.
That being so, they are now estopped
from claiming moro money than the full
amount Of the original contact The CON-
pany have done everything that justice and
equity required them to do; they paid all Of
the money they agreed to pay for the build
Ing of the road, and all the money due
under the contract. That being so, judg-
ment was ordered for the defendant and
against The plaintiffs.
This clears the Donahue road from one
Of the most formidable claims against il,
and will tend 10 hasten the administration
OF the estate Of James NJ DOnahue,
deceased.
In the recent hearing the company was
represented by j. f, Burgin and Peter j.
McGlynn, executors, representing the rail-
road, and Charles f. HaDlon, attorney for
the road. The plaintiffs suits were con-
Quoted by II. A. Powell and Cope, Boyd d
FIfeld.
ParIor Entertainment.