The morning call., 1893-07-22
FOR YACHT HIRE.
The Difficulties of the
Roseleaf Club.
Judge Hunt Allows the Appeal OF
Two Members From Jud2.
ment Against Them.

The difficulties of the Roseleaf Yacht
ing Club were recalled bv decision rem
dered by Superior Judge Hunt yesterday.
According to the facts. it appears that in
April, 1891. number of gentlemen gath.
cred together and resolved to form
yachting club for the purpose of taking
weekly excursions during the summer
months. The following gentlemen. thirty
three in number. and mostly members of the
Bohemian Club. formed the society: Ed
ward Hamilton, Alexander Hamilton,
James A. Hamilton, Elmer DePue, Don
Zeile. Alfred Bouvier. Northrup w.
Cowles, George E. Hall, Charles R. Peters,
George Nagle, Everett Conway, Porter
Ashe, Charles Garter, Edgar Miner,
Charles Huff. c. johnson. Downey Har-
yey. Theodore Payne. Warren Payne. J.
+. Burgin. Harry l.. Coleman. John
William H. Crocker. Louis Sloss Jr.,
Charles j. Foster, w. r. Sherwood. Ed
ward Townsend, Thomas Meagher. George
Carroll. C. d. O'Sulliyan, Willis Polk and
Joseph Grant. Charles r. Peters was
elected president and Alexander Hamilton
vice-president of the club.
1t was arranged to hold regular meetings
season, and for this purpose The yacht
Frolic was hired from c. II. Harrison ut
monthly rental of 500. it being UNDER
stood that the yacht was the exclusive
property of The Roseleaf Clrb on Satur-
days and Sundays only. And the contract
was made on behalf OF the members by the
pre- rtsdent and secretary of the club.
Although these weekly excursions were
no doubt health-givng and fully enjoya-
BILE, vet they do not appear to have added
to the resources of the merry ROseleaves,
as at the expiration of the six months Mr..
Harrison discovered that OF the $500 COM
ing 10 him for hire of the Frolic sum of
only S375 had been paid on account. Fail
ing, moreover, to, obtain that satisfaction
which personal application to the delin-
Quent yachtsmen demanded, Mr.. Harrison
found it necessary to commence an action
in the justices Court to recover the sum
of S225, balance due him.
Some endeavor was made to settle the
affair out of court, and on October 18. 1892,
an agreement was come to whereby Har-
rison's claim was reduced TO SIZE and each
of the members of the club was assessed
pro rata in the sum of S5 49, Unfortu-
natey some Of the members were not
served with the summons. Six members
answered. two defnulted, ten settled with
Harrison by paving up their SIS 33 apiece
and one other got the claim against him
dismissed by paying 81 So Justice of tho
Peace Dunno gave judgment against the
two defaulters-George Carroll and Willis
Polk-for S125 and costs. From this de-
cision Carroll and Polk appealed to the
Superior Court and the matter came before
Judge Hunt. who took it under advisement.
In rendering his dec sion. Judge Hunt.
after reviewing the facts. SAID that the
judgment could not stand as it was given
for more money than was actually owing
to the plaintiff. The evidence showed that
Harrison had received $50 so. leaving
balance of STA 90 due him under the agree
ment; whereas Justice Dunno gave judg-
ment for S125. Judge Hunt also decided
that costs could not be entered against the
appellants. Another point decided was
that the obligation was joint one and the
court had authority to enter judgmeEt4s,s
that form. Had judgment been given a:
all against the appellants it should have
been entered for the pro rata share only
S. 33 against each appellant.
On these grounds Judge Hunt reversed
the decision of the court below.