The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-14
Rae PARTNERSHIP.
= Elopiug Woman Defrauded
By Her Paramour.
- MAS NO REDRESS m COURT.
uss Bs5ss. ne De.essse. 1aais e
n..,~~e e..m Je0eSses-crssd jay
u>es~as lsAtetmests-Dlestss

Aro.x.Is RS granted the defendants
...ss,d.x N the snit brought by Mrs..
49, Bosss against Samuel Mcclure and
49,. uoosts aud wife. This suit vas 70
s....~..ei 4 r.s,onyeysncs Of certain real e.
~ so;d b. Mcclure 70 Monroe, who was
~ svare. rs the time, the puschase was
- th.f Sra. Bovee had % interest in
a. psopssss Mrs. Bovec claimed naiI
fu,eresi. Soc Vas At the time Of the SAFE
rxsise o. the wife Of Mcclure. but dio
- iosn "a the deed. She wanted the
sIupersy -seonveyed by Mon.os ard re-
liver appointed 10 settle up the affairs Of
- partnex saip between herself and NC
cure. pscs sled be would not consent 10
Led her ssss half interest she claimed
Mrs.. Bore and Mcclure eloped together
5i6,y.,u yew \ o,k and came TO Seattle IN
eco IL il not known whether Mrs..
1oyee ,es. .ny children when she deserted
-, husbas..s Mcclure. i, 10 known. left .
I - and .eycrsl children. Mrs. Bovee
! .aisims shs ,,aey entered into contract TO
s1ive foresas, and accumulate property"
"a. in %. 5szanee Of this contract, they
Aoush, lot in Gilman Park ad-
A6xson % s;siard. To the purchase
p hi, lot slFs. Bcvec contributed 500. aiI
= thu maAsy possessed ., the time by
eifher Of sse parties. Mcclure having no
I eso,eYty o. any kind. From Seattle they
vent TO Ca. am county. where they took
no simbn' claim. All OF this property
was held sns Mcciure's name. Mrs. Bovee
being q s.;snt partner. This claim. now
valued at s5su. 81 800. vas. together with
She BsIlas;i lot already mentioned, con-
veyed 10 she defendants Monroe BY Nc
C;uee. who re presented himself as en- IN.
married man
Mcclure bad become jealous Of the
djeps pars.,sr and refused to divide the
proceeds o. this sale. Upon which this
nit rs oraIyht.
when the case was called by Judge Os-
bosn yesterday Mrs. Bovee's Attorney
piaced her On the stand and she testified
% H. facts stated.
81 proyei her share in the Ballard lot,
~ when Il was attempted 20 prove her
hosssst In the government land McCiurc's
& m1omey objected, claiming that she could
Ut lawfully have any interest in il a.
Mcclure has.. i,ought il for himself and
nsde oath .i.at no other person was in
lssstsd in IL. directly or indirectly.
Although airs. Bovee testified to do
~ her shats, 20 earn the money going TO
psschase he:land. and although this was
~ denied by Mcclure, the court held
tkat she COZ "a have no interest and sus-
tolnsd the objection. McClurs's attorney
5 Nh moved sor the dismissal Of the action
~ the reases that Mrs. Bovee's entire in
1arsut In bp.s, pieces of land was given in
soasidsrstistss Of the unlawful cohabitation
sfths parties and the contract was thus
asnisst put.iic policy and void. This mo-
Hon vas sustained and . non-suit granted.
Nm bovee = attorney offered to prove the
Iosa ef 500 mssde by her to Mcclure, bat this
~ nos ail,'asd by the court. who held
that IN ac,ls.a at law would lie to recover
X "But. ycur honor" was the reply. III
] king thai sait. would not the defend
sas's attorney get up tho very first thing
md move tssf non-suit on the same ground
aan immcrsl consideration for the loan p
n court y ~ Of the opinion that this
veuld not 30 the case.
-But vii: say that II this man II too
dhhonorahte to repay this woman the
money she sas loaned him. think 1t most
shame!ul," continued the judge.
Mrs. Bove. 8 attorney in speaking Of the
ease to rep7Fter said that in his opinion
The contract was binding In ali probable
tfy. but ,hst even In case IL were not. from
the deeep,tess used by the defendant in
making it sgpear to Mrs. Bovee that tho
contract was einding and allowing her to
toll for the benefit OF the partnership ex-
listing 1ndef q. constructive tsust Was
created and Mcclure was in equity respon-
sble To her fas the profits arising under it.
The ludges. action. however. leaves the
paroles In 'he same condition the law
found thens, however unjust TO one of the
parties. Az appeal 30 the supreme court
-. - L.