The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-01-29
ACCLAIM FOR 500, 900
E.ayy Demand for Services
on Mosher l. Mcdonald.
.1as. BELL NOT YET DIVORCED.
~x~wes Refuses TO Answer fn Court and
II Adiud9ed Insane-The Parker
Judgment Signed.
ms. BELL NOT YET DIVORCED.

n-<
.szlu for services made by s. +. Flynn,
.sre,rer. against the great lumber concern
- ssosher & Mcdonald. The claim has
49, nied Fl the superior court IN the case
1fw. A. Mcdonald VS.. Alfred Mosher and
.ifrsd Mosher, tr., and IL OF such nature
,aat flynn as receiver will ultimately pass
rnor his own demand for compensation.
me petition for the allowance Of the
<sssr goes into the details OF the affairs
II Nosher & Mcdonald. In II Flynn shows
raj about November l. 1880. he entered In
70 an oral contract with the firm at Bay
cry, Mich., whereby he agreed TO come to
shis city for six months, devote his time
70 an examination Of the business ard at
ssmpt q satisfactory adjustment with
creditors. In consideration Of his services
1, was agreed that he be given reasonable
compensation. and II he should elect to buy
fnto the business the firm would sell one
cuaTter interest to be paid for out OF his
shzre OF the profits. He submitted a state
msnt 10 the firm April -, 1884 at Bay City
aad at the same time recommended that in
be judgment there would be required ad-
dltlonal capital OF at least s2000oo AT that
time he declined TO accept the option to
rarchase an interest, and now states that
his services were reasonably worth $500
As q result OF his conference with his
employers Flynn was re-engaged to come
30 this city for the remainder of 1884,. this
time as the financial and general manager
Of the firm. which. he says. agreed TO pay
tie travelling expenses OF himself and FAM
Ey, allow him 900 year and one-fourth
Of the profits during that period II was
further agreed that II he should elect to
continue his connection with the firm and
agree to manage the business, he could
buy one-quarter interest, to be paid for
ty applying annually his apportionment OF
the profits. less the amount he should
<rasx x.s4sf zr fs
was agreed that IL he should purchase an
Interest in a part Of the business the firm
would incorporate that part at his election
under the laws of Washington and furnish
bin money on his reQuisition. Under the
above contract Flynn claims compensation
up 10 January l. 1895. OF $500. OF which
1900 Is for services and $1,000 for a quar-
ter Interest In the profits, the net profits of
the firm for the period having exceeded
usco
He states further that with the begin
ring OF 1885 the contract was extended I'M
III January ]. 1886 and pursuant TO IL he
served as financial and general manager
Until October ?. 1885, when on application
OF Mcdonald he was appointed receiver Of
tie property In this state. For that period
heclaiTns 81 20. made up OF 81 80 salary and
200 quarter interest in the profits He
Claims for services performed between No.
vember /, 1888, and October g. 1884, to be en-
titled to sls.2sD. against which he has re-
ceived ss,Ss3.5s. leaving a balance due of
HLAhA2 Flynn further states that blank
negotiable promissory notes drawn against
the Peoples Savangs bank, OF West Raw
eiiy. Mich, were procured from him under
Ms signature and subsequently, filled ont
as follows; July 10. 1885. payable to Alfred
Mosher IL Son.. s.. 800. Endorsed TO State
savings bank. Detroit; July Il, 1875. Mosher
Mcdonald. 1880. Endorsed TO Union Ma
ri ~
Alfred Mosher < Son, $3.50. indorsed to
State Savings bank, Detroit: September %.
KS. Mosher & Mcdonald 1880. indorsed
TO Union National bank. Troy; September
u. 1895. same parties, 1850.
AS financial and general manager. Flynn
on September %. 1896. made out a sight
draft for $1,000. payable TO himself. ana
drawn against the firm. which he transfer
red TO the Puget Sound National bank, OF
this city. The draft was accented In writ
Ing by Alfred Mosher, October 6. but was
protested for non-payment at Bay City
three days later. Under date OF October
?. the firm paid on the draft 81. 1852, and
there Is now a balance due the bank az
S.zsB The bank. he says. is attempting
10 charge him with liability "a indorser
and will look to him for the payment OF
the balances. Another draft for s. 600 dated
October 3. 1885. was transferred To the
Bank OF British Columbia, in this city.
when also VIII look 10 him for payment
The State Savings bank. OF Detroit VIII
also demand payment OF the s.. 500 no,e.
He Is unable To state whether there Is
sufficient property available 20 discharge
him from his obligations as maker of thu
notes held by the Union National OF Troy,
and aggregating sI7.s5o. lie accordingly
asks for an allowance OF $4,000 70 cover
al damages he may sustain from those
sources.
Flynn also states that he has suffered
from the failure OF thu firm IN that certain
creditors havh sworn out attachments
against his individual real estate and that
o. Alfred Mosher. tr. one claimant IS
sarah NJ. Miller for $500, and another, VI.
Haggerty, assignee OF the Peoples Saw
ings bank. for sI.ioo. and attachments on
The claims are being threatened He then
gives statement OF the affairs OF Alfred
Mosher. tr.. & Co. and claims damages
through the default OF Mosher & McDon-
aid In $4,000.
Since the making Of the contract or
April -, 1894. the firm. he says has fur
nlshed not 70 exceed $4,000 20 extend the
business. which required az least Sl0o.o0e
and In consequence he viii he deprived or
benefits that would have accrued. and
further. IL no had been furnished canitat
within the limit OF $4,000. recommended
by him, the business could have been car
Tied on probably for twenty years. When
he made the contracts, he understood that
TIE Mashcrs were possessed OF large means
AMI thar the members OF the firm Of
Aosher & Mcdonald were worth Sl5Qfoa
. N.So.e0 over Their liabilities. nor ala
Re have any lntimstion that they were IN
solvent until October 8. 1885. By reason
q the representations made 10 him he was
iainced 20 give up his law practice and
Business Ia Michigan. worth from sen
e N,el a year. and afterwards 70 obligats
himself upon notes and drafts as stated
above. During several years prior 20 No
rsmAer lSsG. he derived an annual income
q from sSeo0 10 sla.3e from real estate
All had built up valuable business credit
he says that al present II IS impossible 20
sstsrnliue the fun extent OF the damage
Resulting 20 him by reason OF Mosher &
Mcdonald violating the co2trAct. and lie
makes tia statement for ths purpose Of
Protecting his claims as far as possible.
Re saws he has a right % participation N
any Sna ell assets now IN the hands % the
Receiver Of Mosher a Mcdonald. or which
Eay hereafter come into his possession. IN
saich tie creditors OF the Arm are entitled
y share. lie therefore asks damages in
s,esl ana asks that his claims be allowed
n the due course % the receive-ship or
GAt his claim fer services he allowed az
he anea-t stated. 81. Sl6fs. and Tor such
staeT relief AS may seem 20 the court 10
ee taS;.