The morning news., 1894-10-01
THE CITY ENJoINED.
Patrick Buttimer Wants to Stop Pay
ments of Money to His Son.

PATRICK butt1mer Wants to Stop Pay
ments of Money to His Son.
A temporary restraining order has
been served on Mayor McDonough in
pursuance of suit for injunction
brought against the city by Patrick But
timer to prevent the city from paying
any further money to Maurice A. Butti-
mer as city contractor of sinks.
The petition recites that Feb. 20, 1894.
Patrick Buttimer and Maurice Buttimer,
who are father and son, entered into a
copartnership for the purpose of carrying
on the business of city contractor o sinks.
The terms of the agreement between the
two as recited, are that the former was
to do the actual work and take charge of
all the firms moneys, while the latter
was to keep the firms books. 1t SAYS at
the special instance of the petitioner.
Maurice A. Buttimer collected the money
due under the contract for March, April
and May, which was turned over to him,
with the exception Of $75, which M. A, ,
Buttimer kept as his just share of the
profits.
Last June, it is stated. Nj. A. Buttimer,
without authority, collected $500 for
work performed under the contract,
which he appropriated to his own use,
and refused to turn over. An agreement
drawn up and signed, and power of at
torney was executed to Patrick Buttimer
by Maurice Buttimer to sign and receipt
for all moneys under the contract
with the city, after which he
collected all the money due under the
contract until Sept. s. when the power of
attorney was revoked, and it is charged
that in violation of his agreement Nj. A.
Buttimer collected from the city 81 ,037. so
x ntaiD nc ? ha
in payment for the plant. This money.
it is charged, M A. Buttimer also ap-
piled 10 his own use in violation of the
articles of co-partnership
Several charges against NJ. A. But
timer follow. after which it is stated
between $500 and 81 900 will be
due Oct. /, which NJ. A. Buttimer
would obtain unless restrained by order
of the court. Patrick Buttimer alleges
that he is indebted in a large amount
for work done under the contract with
the city, which he is unable to pay, for
the reason that he has never receive any
Of this money collected by M A. But
timer, who, he states, was acting only as
his agent.
He asked that the court require NJ. A.
Buttimer 10 come 10 aijust and true ac-
counting with him, and that he be com
PEELED 10 show Just what money hes has
done with them. He wants the copart-
nership between himself and
his son dissolved nv de-
cree Of the court and the city enioined
from paying NJ A. Buttimer any further
money for work done under the contract.
He also wants the city TO pay him the
money due him and enough TO pay the
outstanding Indebtedness incurred under
the contract, or asks that he be given a
lien on the plant TO cover il.
Judge talligant granted a temporary
restraining order prohibiting the city
tron paying any further money 10 NJ. A.
Buttimer until further order of the
court, aud set the hearing for tomorrow,
at 10 O'Clock. The proceedings will no
doubt DO watched with much interest,"
copy Of the order has been served on
Mayor McDonough. The petitioner ia
represented in the suit by Messrs Erwin.
duBignon * Chisolm,