The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-08
DENNY HOTEL CASES.
army of Lawyers Straighten.
ing Out the Tangle.
HISTORY OF CELEBRATED CASE
vtaI TO Decide Priority OF Claims
Jurors Address TO Judge Osborn
The Salary Cut.

--ae cases o. Cornell university ara
rx.:u 5. Polyln rs. the Denny Hosel
lovYuzzy, OF Seattle, consolidated. which,
49, been before the courts for wears
80 are being heard by Referee Villa n,
2 Bal. fl tins library room at the court
Ea.sSe. and promise 20 continue for a
.ssx or ten days. There IS d small army
~ lawyers engaged ia the cases, and q
wagon load o. plans. specifications ard
ts9ai papers are offered IN evidence. The
essas have become famous because OF
tbs.- being so long before the courts and
keeause Of the large number Of liens Ised
sralast the hotel. The Cornell university
: seeking 20 secure a foreclosure OF It's
,teg0 mortgage against the hotel COM
sary. secured Ia tbs fall OF 1850. Potyfn
/. suoeayorfng 20 establish his lien
AGAINST the property and claims Il s.
p~sor 20 chs mortgage. as he commenced
,aork before the making OF The loan. In
s4ditfcn 70 the contract price Potyia also
Gains large sum for extras.
TIE Denny Hotel Company was orig
snally organized by Thomas r Minor.
sn,easea: Judge II. g. Strive. J. r. Hoyt.
i D. Lowrnan. w. z. Bailey. A. A. Dem
~ and Judge Thomas Burke, for the
nurpose OF endeavoring 70 secure what
ssatrle very much needed. suitable
satel II was the intention that the hotel
~ huik by subscriptions from the people
81 me city. and accordingly the company
was organic ID and popular subscriptions
o. stock taken. On July 2 1859. the COM
many entered into contract with i. s.
pgsyin 10 erect the hotel building proper
FOR 1850 Potvin Immediately COM
vereed work and continued until March
q 1871. A few changes were made IN the
eonsract, and these are involved In the
controversy now pending.
In he summer or fail OF fsS the com
rany secured a loan from Cornell uni
varsity OF $1,000. secured by a mortgage
a the lot on which the building is To-
fzsed Some time IN the following Feb
raary, 1880. Potvan gave an order to Dex-
ssr Horton & Co, bankers. upon the
hotel company foF such money as might
become due and payable 90 him on his
contract This order was presented to
the company and accepted
Al the time Potvin's case was called for
trial before Judge Langley. Joint motion
was made by the attorneys representing
Cornell university and the attorneys for
the hotel company TO dismiss Potyin's ac-
ton TO forecloss his lien, upon the ground
that this order, given to Dexter Horton
d Co. which was set forth at length in
the plesdings, and its execution being adj
mtted by Potyin, operated as an assign
ment OF all his rights under the contract
and dvested Potvin OF any right TO file
Ten, as under the decision of Dexter Hor-
ton & Co. VS.. sparkman. the right TO file
q ben was personal and would not pass by
assignment. neither could it exist indie
pendent Of the legal right OF recovery.
TIE suprems court reversed Judge Lang
leys decision. and held that Potvin still
had such an interest in the amount due,
by way OF being entitled to the surplus
after the payment OF Dexter Horton &
Co. as entitled him still 10 file his lien.
Numerous other lien holders are claim
ing priority over the Cornell university's
mortgage by reason OF the fact that. IL
potyin should secure a foreclosure OF his
len, II would be prior 10 the mortgage, s
" commenced work long before the max
lng Of the mortgage.
The morning session was taken up yes
tsr.ay by tho statement OF the case OF the
Cornell university, OF Potvin. OF Dexter.
Horton & Co. and OF lien holders. In the
afternoon #. s. Potvin was placed on the
witness stand and took up most of time.
He stated his connection with the case
from the outset and said he was getting
along nicely and would have finished the
contract had II not been for the numer-
Gus delays he was subject to. He said the
longest delay was caused by sending TO
New York city after Jennings. the archi-
kct who had drawn the plans. 70 come out
and change the plans of the lobby. MAX
tag II larger. This. and other changes to
the dining room. made IL necessary 20
send 10 Philadelphia to get iron columns
and lirtels 20 support the walls. He stated
that another delay was the passage Of an
ordnance by the city requiring thicker
walls for buildings OF that character. after
the walls were all up. He testified that the
buildlng cost over $50. 600 and that II he
Nat had 5000 in cash he could have fin
.Shed his contract with the material he
had on hand
Potvin win probably be on the stand all
Of today. ana possibly longer.