The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-28
and Won't Let Go ANY More.


and Won't Let Go Any More.
New York, March 27.-The papers in
the suit OF Marcus Polasky Of Chicago
against Coils P. Huntington, the Pa
ciflc Improvement company and the
Southern Pacific company for 1914. 100
were filed today with the clerk of the
United States court for this district.
The litigation comes within this juris-
diction because PoIasky is a citizen Of
the state of Illinois, Coils p. Hunt
ington resident Of this state. the Pa
cine improvement company a corpo-
ration existing under the law Of Cali
fornia, and the Southern Pacific under
the laws Of Kentucky.
at the beginning OF his complaint.
Polasky claims that on or before Octo-
Der ), 1882, in the city OF Fresno. IN the
state or California, he was possessed
or large amount Of real and personal
property, viz: ClOris townsite. worth
SS,1S5; lots near Hughes hotel, Fresno.
Cal, worth $4,000; Polasky townsite.
worth SSS.6S9; the Fresno and Belmont
street railway, worth $1,000: Fresno
Loan and Savings bank stock worth
$4,000; Columbia bank stock, worth
$12,5CO: Fresno Land and Improvement
company stock, worth $4,000; Chicago
Milwaukee and L. S. Telegraph COM
pany stock, worth 81, 500: Office furni-
ture worth $1,000; horses. carria ges, etc.
worth $2,400; total $146, 0S4
Polasky swears that at the same time
he was indebted as follows: L S 7
railroad company $4,000; Fresno. Bel
mont and Yosemite Street railway ST.
147; Fresno Loan and Savings bank
$3.50; right-of-way commissioners $500;
California Fur company $500; First
National bank, San raneisco (notes)
5000; II. 2. Cole (note) mortgage on
house $4,000; ]. VOgel note) street rail-
way stock So, 600; Thomas F. Hughes
(note) mortgage $500; W. H. AIcKens-
Ter (note) mortgage tOwnsite SO, 100; r.
;. Mcdonald (nOte) telegraph stock 80
S7S; PlankintOn bank (note) telegraph
stock SS.3e5; l. S. j. Hunt, Seattle (note)
$500; c. u. Greene mote) land and i'm
provement stock SO, 400; Fresno Loan
and Savings bank stock (note) $3.50;
City Bank, Rensselaer,, Ind, Comstock
(note) $11,620. Total S123 921
IN A JOINT VENTURE.
The complaint alleges that for a. con-
siderable period prior to October 1882.
he engaged in a joint venture and I'M
dertaking with the defendant, Hunt
ington. 1t was the construction Of a
railroad in the state OF California to be
known as the San joaquin Valley rail-
road. In the progress Of this under
taking Polasky says he expended and
became indebted in large sums of mon
ey, (which debts, liabilities and ex-
penditures, although made by your ora
tor for his own account, were actually
and In good faith made for the benefit
of the defendant and his associates and
the corporations controlled by him and
them
The complaint further asserts that in
the prosecution of the enterprise PoIa-
sky jeopardiZed his life, imperiled his
health and impoverished himself for
the benefit Of Huntington.
1t also states that it was on or about
October 3, 1892, that Polasky entered
into an agreement with the defendant
wherein and whereby the former I'M
dertoOk and agreed to convey to An
drew J.Theat the personal property and
effects mentioned, OF which the com
plainant was then possessed. It al
leges that Treat, who was then and for
years had been the confidential clerk
Of Huntington, without consideration
transferred and assigned to the Pacific
Improvement company. This property
was worth, IT is claimed. 1914, 400, a gainst
which there were liabilities enumerat-
ed above, amounting to 1922, s21.
HE SET UP 4 SCHEME.
Further on the complaint says: Your
orator alleges and shows that no soon
er had the defendant received into his
hands the conveyance mentioned than
he set UP a scheme and device TO de-
prive your orator Of his beneficial in
terest in the said property. and to that
end he and his agents, attorneys and
servants, selected from the liabilities
mentioned for payment only such as
would inure to his benefit and totally
disregarded the spirit and meaning OF
the agreement and refused and still re-
fuses 10 pay a large part of the debts
due by your orator to the parties nam
ed
IN conclusion Polasky's complaint
uses this language. The defendant
through the Pacific Improvement com
Danv. which is a creature OF said Coils
=. huntington, has sold and converted
to his own use a large part Of the per-
sonal property mentioned. and has re-
fused and still refuses TO account 10
your orator for any part Of the prop
erty, and your orator. on information
and belief. alleges. that the property
50 sold and converted 10 the use Of the
defendant il far IN excess OF the actual
amount paid by them in respect % the
liabilities set forth, and that II an &C
counting was taken between the "a "a
defendant and your orator there would
be due a large sum Of money. and that
by the refusal Of the defendant 20 carry
out his agreement 20 discharge, acquit
and pay the Liabilities. your orator has
been put TO great expense in the defense
Of divers suits TO recover monies due
from him % his creditors mentioned
II is expected that Coils z. Hunting
tons version u the matter complained
OF by Mr.. P0lssky VIII reach fhe Uni
ted States court soma time in April
next.
CAMBRIDGE WOULDN'T TAEE IT