The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-09-03
EXPENSE.
MattheWsOn'S Sale of
Quarry Interest.
The Executors Sue His Partner, w.
J. Holmes, to Compel Full
Accounting.

Denis King and William Z. Letsop, as
executors of the late William Ma tthewson.
and William E. Lesson have filed suit in
the Superior Court TO compel w. j. Holmes
to give full ANA true accounting of his
dealings with Matthewson.
1t appears from the complaint that Mat
thewson. who died April l. 1893. went into
partnership with Holmes in the quarry
business in April, 1891. An agreement
was drawn up and signed by both on the
14th of April, 1891, whereby Holmes sold
to Matthewson II half of his interest in the
quarry land owned by DR.. C. c. O'Donnell
and Mrs. T. Hoffman for sum of $500, to
be expended in buying tools, derricks.
etc, and all necessarles for the develop
ment of the quarry. Holmes was to w ork
the quarry and manage the business. for
which his salary was 10 be SO month
until profit accrued from the partner
ship, and then fresh agreement was TO
be drawn up. The agr cement was to stand
good for Tour years. Ii more money than
the $500 mentioned was required for the
further development of the quarry then
Holmes was to pay half of that money to
Matthewson out OF his share of the profits,
together with interest at the rate Of per
cent.
Matthewson, during his last illness,
assigned his interest in the partnership to
LetsOn, in trust, so that in case he should
recover he could resume his rights over the
property, while in case Of death Letsou
would manage the business for his heirs.
Letson claims to nave taken great terest
in this trust and to have discovered certain
facts which induced him TO prosecute in
quiries.
The facts referred to showed that during
the two years of partnership Matthewson
had put in all $4,000 into the business and
Holmes nothing. The receipts on sales of
rock taken from the quarry amounted TO
over $40, 600. and yet all that Natthewson
had received out OF il was $780, And all
the explanation that could be got from
Holmes was to the effect that the money
mad been spent on improvements and in
the interests OF the firm.
Letson next set to work to examine the
books, and from this he claims that GER
tain partnership moneys received by
Holmes have never been charged in the
books, and bills marked as paid by Holmes
have never been paid at all Letson can
not say exactly what these discrepancies
amount TO, but he is sure that in two pr
ticuiar instances they exceed $1,000. Be-
sides which Holmes claims as his exclusive
right all profits accrung from the Fort
Point Govern ment. the FOurth-street bridge
and the electric light contracts all of which
he says were individual undertakings. and
having 10 part in the business of the part
nership.
The complaint alleges that Holmes is not
winding up the concern. but is willfully
mismanaglng and neglecting it; and that
while he is paying no partnership bills he
Is using the materials and assets of the
concern without charging them against
himself. In conclusion Matthewson's eX-
ecutOrs demand full investigation and an
accounting from Holmes, with the ap-
pointment of a receiver to take charge OF
The property, and an injunction to restrain
Holmes from transacting any business or
interfering in any way with the quarry
until the present suit has been decided.