The herald., 1896-03-28
pOLLASKY VS.. HUNTINGTON
MARCUS POLLASKY BRINGS SUIT AGAINST
THE RAILROAD MAGNATH
He Spent His Substance for the Building of
the San Joaquin Valley Railroad, Under an
Agreement That CoIlis Should Reimburse
His Expenditure
Associated Press Special Wire.

New YORK, March 27.-The papers in
the suit of Marcus Pollasky of Chicago
against Coils p. Huntington, the Pacific
improvement company and the Southern
Pacific company for 1874, 400 were filed
to-day with the clerk of the United States
court for this district. The litigation comes
in this jurisdiction because Pollasky 10 q
citizen of the state of Illinois, Coils p.
Huntington, a resident of this state, the
Pacific improvement company. a corpora
ton existing under the law of California,
and the Southern Pacific company under
the laws of Kentucky.
At the beginning of this complaint Pol
lasky claims that on or before October 8,
1892, in the city of Fresno, in the state of
California, he was possessed of large
amount of real and personal property, viz !:
Coils townsite, worth SSS95: lots near
Hughes hotel, Fresno, Cal, worth $25 900; 4;
Pollasky townsite, worth $33,SS9; the
Fresno and Belmont street railway, worth
$4,000; Fresno Loan and Savings bank
stock, worth $4,000; Columbia bank
stock, worth $4,000; Fresno Land and
Improvement company stock. worth $25,-
900; Chicago, Milwaukee and Lake Shore
Telegraph company stock, worth S27 800; !;
Office furniture, worth $4,000; horses, car
riages. etc., worth $24OO; total, vi 46 ,OS4.
Poilasky AYERS that at the time he was
indebted as follows: L. S. j. Railroad
company, $25, 900; Fresno, Belmont and
Yosemite street railway, 1,147; Fresno
Loan and Savings bank, So, Il 80; right of
way commissioners. $500; California Fur
company, $500; First National bank,
Cole (notel. mortgage house, $1O,-
900; J. Voeel (note), street rail-
way stock, $4,000; Thomas E.
Hughes (note) mortgage, $500; w. h.
Mckenzie (note) mortgage townsite, $1O,-
900; Z. s. Mcdonald (note) telegraph
IL
telegraph stock. $s305; L. S: ]. Hunt.
Seattle, (note), $1,000; G. E. Green (note)
land improvement stock, SlO,4OO; F.
Loan and Savings bank stock (note),
$3.50; City bank, Rensselaer,. Ind, COM
mon stock (note), $11,62o; total. $685.
921.
The complaint alleges that for consid-
erable period prior to October 3, 1892.
he engaged in joint venture and under
taking with the defendant, Huntington. 1t
was the construction of railroad in the
state of California, known as the San
Joaquin Valley railroad. In the progress
of this undertaking Pollasky says he ex-
Of money, (which debts, liabilities and ex-
penditures. although made by your orator
for his own account. were actually and in
good faith made for the benefit of the de-
fendant and his associates and the corpor-
ations controlled by him and them"
The complaint further asserts that in the
prosecution of the enterprise Pollasky
and impoverished himself for the benefit
of Huntington.
1t also states that it was on or about Oc-
tober 8, 1892, that Pollasky entered into
an agreement with the defendant wherein
and whereby the former undertook and
agreed to convey to Andrew j. Treat the
personal property and effects mentioned,
of which the complainant was then pos
sessed. 1t is alleged that Treat who
was then and for years had been
the confidential clerk of Hunting
ton, without consideration, transferred and
assigned to the Pacific improvement com
pany this property, which was worth, it is
were the liabilities enuEnerated above,
amounting to $123,921.
Further on the complaint says:
"Your orator alleges and shows that no
sooner had the defendant received into his
hands the conveyances mentioned than he
orator of his benefit in the said property.
and to that end he and his agents, attor-
neys and servants selected from the liabil-
tiles mentioned for payment only such as
would inure to his benefit, and totally dis
regarded the spirit and meaning of the
agreement, and refused and still refuses to
pay a large part of the debts due by your
orator to the parties named,''
In con, lusion Pol!asky's complaint uses
this language:
"The defendant, through the Pacific I'm
provement company, which is a creature
of said Coils p. Huntington, has sold and
converted to his own use large part of
the personal property mentioned, and has
refused and still refuses to account to your
orator for any part of the property, and
your orator on information and belief al
leges that the property so sold and con-
verted to the use of the defendant is far IN
excess of the actual amount paid
by them in respect to the liabilities set
forth, and that if an accounting was taken
between the said defendant and your
orator there would be due large sum of
money, and that by the refusal of the de-
fendant to carry out his agreement to dis
charge, acquit and pay the liabilities your
orator has been put to great expense in the
defense of divers suits to recover moneys
due him to his creditors mentioned"
1t is expected that Coils p. Huntington's
version of the matter complained of by
Mr.. Pollasky will reach the United States