The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-09-01

4 might suffer from the failure %
( deliver the bonds. Mr.. Paulseu
/ is the only party know
I 10 this contract ] do not know Mr.. Nc
/ Cauley in the trade at all do not con-
| slider that Mr.. Paulsen has suffered any
I loss by the failure on my part TO deliver
the bonds I do not consider the bonds
as worth 45, but the holders of the bonds
entered into a com binatiou TO prevent me
from buying bonds at less than % or 40.
This being the case Mr.. Paulsen is well
come to 20 into court and sue for what
ever damages he may have suffered
BY reason Of my failure TO deliver
the bonds. The check deposited is certi-
fled and of course the payment has not
been estopped as reported. II is there 10
pay any damage which Mr.. Paulsen
may have suffered by failure on my part
to deliver the goods. have accordingly,
notified Mr.. Sullivan not to pay over the
deposit"
II wish you would state positively"
said Mr. Hartman, that / am acting for
myself in this matter, and not as Mr..
Parsons agent; Mr. Parsons has nothing
whatever To do with this deal"
TAKEN INTO COURT.
A petition was filed with the clerk Of
the superior court late in the afternoon
that is of interest on account Of the no
torietv which has been given the subject.
through his agent. Capt. J. II. Johnston,
entered into a contract with Jacob Paul
sen, and copy of the contract attached.
The main point made in the petition is
that the checks for =, 500 each
were deposited with Mr.. James Sui
livan as an individual, and not as a
bank officer. and that no copy of the
agreement was furnished to Mr.. Sullivan.
while your petitioner would have no OBJ
lection to Mr.. Sullivan as a stakeholder"
says the petitioner, IF IL had been so
agreed, nevertheless il was not so agreed,
and no copy of the agreement having been
furnished him he has been and is ignorant
Of the terms of the deposit with him.
He AYERS that Mr.. Sullivan has notified
him that he will deliver the pack
age containing the checks to
Austin r. Myers. if he should de-
mand it, or TO his order. The petit
tioner declares that he never did agree
that the package should be delivered
TO Mr.. Myres and never did authorize any
one TO consent for him that it should be
so delivered, and that il is violation of
the contract to have the package so de-
livered. He declares that the sum of
s., 500 is a penalty and not hquidated
damages, and that it is more than the
actual damage that could be sus-
tanned by Paulsen on account
of the failure of the petitioner to de
liver the bonds. He therefore asks that
an injunction be issued restraining MIR.
Sullivan from delivering the package to
MIR. Myres or his order until further or
der Of the court, and that by a decree
in the case, the rights of the respective
parties under the contract may be ad-
justed and the legal amount due by the
petitioner to Mr.. Paulsen for his actual
damages may be fixed and settled.
THE INJUNCTION GRANTED.
Judge Falligant granted the temporary
restraining order and set the case for a
hearing on Sept. 30 II will be noticed
that the main point made by Mr.. Harri-
man in his petition is that Mr. Sullivan is
not bank and that the deposit was made
with him individually, and not with a
bank, as called for by the contract.
The hearing of the petition for the APP
pointment of a receiver for the Electric
railway will come up in the superior
court this morning at 10 o'clock Some
spicy and sensational developments are
expected, ana the hearing is likely to
prove an interesting one for all concerned.
President Collins declared yesterday that
a conspiracy would be unearthed, which
would surprise the business community
The Intervention of Mr.. H. II. Hull, a
director and bondholder of the Electric
Railway Company, in the suit for a re-
ceiver, was Withdrawn yesterday.