The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-11
MUST GivE MIR. PRATT LIGHr.
Hsnford Decides Grant street Rail way
Case and Rsps Close Corporations.

Hsnford Decides Grant street Rail way
Case and Rsps Close Corporations.
Judge. Hanford. sitting in the United
States circuit court. yesterday decided
that the receiver of the Grant Street
Electric Railway Company must con-
tinue 10 illuminate the residence of G..
Il. 81. Pratt The suit was brought by
Charles T. Getting. Edwin Packard, fam
uel Spencer. Charles S. Tuckerman and
Frank G. Webster against the Grant
Street Electric Railway Company. Fred
Z. Sander. Incorporated the Atlantic
Trust Company and Dexter Horton &
Co, bankers. Judge Hanfords decision
10 as follows:
In this case the receiver OF this court,
In possession OF the property Of the de-
PENDANT corporation has petitioned tho
court to vacate an order heretofore made
requiring him to PERFORM the conditions
OF a contract by which the defendant cor
poration became bound to pay for the
electric current for lighting the residence
OF Mr.. G. f. NJ. Pratt. which order was
made by the court upon the petition of
Mr.. Fred Il. Sander president OF the de-
ferdant corporation. setting forth the
contract and obligation of the defendant
corporation Hereunder. Although said
petition was granted upon a hearing
after notice 10 the receiver. and after
his counsel had been heard to make an
argument In opposition. the present petit
ton TO vacate the order Is upon the
ground THAI the allegations OF Mr.. Sand
er's petition are untrue in fact, and that
the defendant corporation never con-
the electric lights in Mr.. Pratt's resi-
dence. All the difficulties in this matter
are due to the fact that the parties con-
cerned appear TO have been trying 10 fol-
low the fashion now prevalent of trans
acting business. not by or through the
agency of n corporation simply, but
through the agency Of families OF cor
poraticnS
I'm find that the defendant corporation
owned machlaery and appliances for Gre
ating electricity for lighting purposes.
which IL could not utilize without obtain
Ing a license or permission from the city
of Seattle TO place poles and wires I'm the
streets and alleys OF the city. Mr.. Pratt
had acquired ownership of franchise
granted by the city for such purpose. The
defendant Is a close corporation. Mr. san
der and hts wife owning most OF the
stock. are each trustees. and they. to-
ges'aer with AR. Bruins. constitute the
board OF trustees. Mr.. Sander Is presl-
dent, and by resolution OF the board Of
trustees. endowed with unlimited power
a. manager OF the corporation. 20 tran
act all its financial business and to bind
the corporation by any and all contracts
which he may enter into for its benefit or
IN its behalf. DIR. Sander Is also president
and faetctum OF another corporation bear
ing the corporate name Of Fred Z. San
der Incorporated" Mr.. Sander IN his In
di.iiuai name entered into an exeeutory
eontrae; with Mr.. Pratt by which he
agreed 10 purchase the aforesaid fran
chi<e and 20 pay therefor the sum % 500.
aaa also 10 furnish electric current suf.i-
clent for specified number Of electric
lights In Mr.. Pratts residence for a period
OF ave years. and 20 make the connections
necessary for supplying sach current free
80 sxrensN 10 Mr.. Pratt rursuan. 10
that cxecutory coafraet the 3efeniant cor
u.eratfcrs paid said gum OF s5oe directly 20
Mr. Israts BY a check for that amount
drawn upon the hank OF Dexter Horton &
Co. and the defendant corpora ton. until
il went into the hands 81 the receiver.
paid the bills for electricity furnished fer
lighting AR. rratt's residence monthly.
ana in consideration 90 said payments Mr..
Pratt. by an instrument in writing. as
signed AMI transferred hls franchise 80 the
Fret r.. Sander Incorporated. THIS last
named corporation never rasi anything
ca account 81 saia contract nor made assy
use sf said franchise ether than - assign
ana transfer IL. along with otAer property
ana franchises. 90 the Defendant corpora
staa. Afr sansser ard Mr.. BrtaTls testify
positively aad uneaulveca!ly that sse con
tract with Mr. Pratt. although made IN
the name OF Fret +. Sander as az .sss-
.,ss,,as was IN fact made fer the use ant