The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-02-29
NTyIN'S LIEN VALID
p.<ision Giving Preference to
His Claim of 1856, 900.
= DIVORCE FOR MRS. BELL
= ATTORNEY withheids a Decree IN
order 20 Get His Money-A Pump
Thsr Must BE Paid For.

riding Of TassEe RI TrrrseS yesterday
- Tsany nofes case the lien OF Con-
- r. ! Potvin II sustained. sn3 a
49, co<nrlste1 50 one Of the hardest
- cases ever brought before the ga-
- @oars for King county. Tho court
-. mar sne objections 20 the report cf
go Pail are valid. that Potvin-s n4n
= .xsz.stec ia good faith. ard that Il =
- " ne hsr 81 the mortgage or Cor
81 ursvsrsity.
- esxrtrast out Of which the litigation
s.sr-snx was entered into jay = 1se3
= ne iztter part Of the same month the
s.,,,rss-fsr commenced work apoa the
s-assnx. ana ia November following a
- i 5000 vas made ~ tire university
- sseere6 by a mortgage on uBe hotel
s-susises. The contractor continued &e-
go stir shs construction OF the buaii-
- anfI afeut November !. is<s
4, sbls time a disputs arose over tire
.sa1n. q the Tsaynlsnt then falling due.
- eeasraef provided for tie payment ef
: s.s cent of the value OF labor p%Tgormcd
- material nsea. upon estimates made
= ss4 architect potvlu cfaifzed that fhs
axAftsc4. A. Wickershan. saE underesti-
ra,lns tie salge Of material. ard tbereoy
xsygsslag BAN OF a large sum o. money 10
~sln - xas justly entitled The hotel
.erynay acting on the suggestion OF the
srh.sees, refused 70 make any further CT
~rxeg payments. pofyin continued with
ssail force VI Fnan tbs construction of
- ball8fug 4uil about January ,. ISL. in
- ueaf.l1ne erkis4v0rtax 20 negotiate
.g~1eraeut With the company. A. this
= his men refused 20 work longer ef5-
<ss paid, and ~ ths contractors funds
x~es exhausted near!y sll OF the men left
H. Oadlng- sevsna sab-contraciofs OF
Fssrtn continued to work upon the build
al So AT 1901
r. contractor also remained ia possession
4 tae bailding until thiF time receiving
aafsrtass saa storing them Ia the Dafi4-
Eg
Samsroas Ileas OF iaborers. mechanics.
..tsslal men aaa sub-contract0rs were
A. eaa suits instituted 10 toFeel0se them
On Apgsl 2 issl. Fotsin filed his lien. sp-
exvx.matiag sIs6 sse. and ia the following
p~cenber Instituted an action OF fore
kIosuge ABOUT this time Cornell nniveFs-
~ began az action 10 foreciose It's mort
gaze. sad ts suit was by order OF court
CONSOLIDATED with the lien claim OF Potssn
fsf tr.al Potvfn had given an order IN
ts1 10 Dexter Hoftoa a. Co as collateral
ssalrify This ortisr provided for payment
d Iextef Horton A. Go. OF such sums as
mlght lfOna time TO time become due un-
A. The terms OF the contract. and - was
tzspled b. the hotel company. The hotel
eznpany answered Potvin's complaint set
tng 40 this order, and Potvtn replying To
ms answer admitted tho execution OF the
srx@r bat alleged the collateral purpose
fer shien IL VAS given. 1-ne case coming
ID for trial before Judge Langley. joint
notion vas made by the hotel company
Ard the university for Judgment on the
peaaugs. the parties contsnding that by
ths sxscaston Of this order Potxin had lost
Als lien Judge Langley sustained a mo
non and entered al order disfnissins Pot
Yn's complaint. An appeal MAS taken TO
he supreme court where Judge Langley
decision vas reversed.
The cause was referred 70 James II.
Howe. Who Qualified a. referee. After
waras u2on discovery that one NJ his gem
eral clients was interested In the suit. he
refused fhe reference. aud the cause ~as
referred TO ". X. Bell Thirty-eigh, days
Ksrr consumed In taking testimony. and
she argument lastsd about five days. and
sile referee three months afterward sub
mitsed hls report against the validity OF
the lien. Potyln AMI other lien claimants.
togethsr with Dexter Horton & Co. flied
exceptions 10 the report Of the referee.
fhese exceptions being brought OF for hear-
lng Judge iiumes nxest February 10 as tho
GATE since which time the hearing Of thu
sxeeptions mas occupied the attention OF
The court. rotylns side OF the case vas
.sVsentea hy John Wiley. George De
stsigaer. l.. q. Gilman and J. j Easly.
Dexter Horton n Go. ny blaine 4 DeVaies.
IsaBy Hotel Company. by Burke. shep-
herd. Woods 4 McGiivrss Cornell uni
yrrsliy. nv Cole. Heagon s. Dawes Hnttis
Bros Manufacturing Company. Mus-s-
Nas. Ia, sub-coniractoTS. by Wiley and
d Steiguer various lien claimants by a
hest OF other attorneys.
Judge HGmeS yesterday announced his
sntinss. holding that Potyin had pro-
0eded Ia Kood faith with the performance
e his contract. that al the time ne made
demand for larger payment there was
large sum OK money due him upon the
coatract. that the architect. NickorsAasn.
ksss shis sum to be due, aud nctwtfh-
ssapaiae, wilifaily refused 10 include thu
same Ia hIs certificate. The court also
ksl4 thar "a numerous items OF extra work
10 architect refused 20 estimate the sana.
Knowing them 60 he extras.
TIE effect Of tie decision win be 20 ss-
saeiish Potyins lien Tor the s1m OF <iss,
@.e, with interest from April p issi.
amounting 20 about s4l1eua. Upon the sale
81 the building be'rroceeds will be dis
0iegiea among The various claimants ia
ne foiioslns order First. the lien claim
sais VII be paid next the claim OF Dexter
Horton 4 Co then any balance remain
NJ dae 20 Contractor Potvgn. next. the
claim ~ Cornell university. next any
Balance remaining. 70 Murphy & Wright,
ia3epehasng lien claimants. sad the re-
Eaaaer, II ans. Ia the Dcnny Hotel Com
IAny
The ease il substantially completed. IS
ar as this court IS concerned. Win tho
sxsepiion ~ tlEe formal preparation Of the
aseFesA