The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-01-08

,..,,,,. n Hosher & AfcDoazi6 was
7se - suspe~ior court yesterday. 3. r.
~ 800 re complaint ia Intervention,
IL - o. f1a9.edo for services rendered,
.n.s Of action Flynn alleges that
~ .e..s-r-ssr lsss. az Bay cisv. 4icn., ne
~ 80 a orsf contract with tne firm
g. 60 a ucDonal6. Under the terms
- ranfrart &c agreed TO come 20
- 70 examine into the affairs OF
Hgs personal expenses to Seat
- "a b. paid ~ the firm, and ne was
..~.svs a reasonable compensation for
.s~ysees. Il was also agreed that II
= s1auEa elect 20 Do 80 ne was 70 be
$50 - purchase one-fourth interest
Z - s.ssiness. He was 70 - allowed 70
Z - she interest out o. the profits 81
ss,.,nezss. II pursuance OF this agree
=. rsvnn came 20 Seattle and gave al
.. .,.sstsap 70 the affairs Of the firm. In
=. s.ss,se Of his services he adjusted
strsrencea. secured extensions,
-. All A statement OF the arn's af-
- srar lts inception to March II. 1894,
- ..ssea 70 tbs members .0f the firm that
- = .-r,,sa need TO extend. establish. sus-
- =. - u.rpetaate the business At least
= A. additional capital. ~ that time
: 1870 Il The firm that ae would nos
$3.50 fourth interest. The services
: serfofneG, he says we're reasonably
,es.h s. 30
n Aprs %. 1884, a. Bay City. Mich.
r~-- xxyE he entered into 3 second YER
- earsrsct with Moeher & Mcdonald.
.asrsag he azreesl 70 return 20 Seattle ard
- 4. the general manager % the firm for
s ssussndsr % he year 1914. II was
.yraes that the expenses OF himself and
szsy should be paid from Pay city 20
ssssis and return. and they we're also
4 say him at the rate Of 1900 per annum
& is services ard 20 pay and secure 70
n 1 oae-fourth interest In the profits 81
= sassness II was also agreed. II ne SO
kr,sz that he could purchase a quarter
sawsss out OF the profits due 70 him IN
~ ths agreement II Ass further agreed
IA L he entered the business IN tie man
- xaica.sd fhe firm should incorporate
ia tia; the defendants should furnish the
ssssy % run the business.
- frm also agreed TO furnish the
ssssY neeeaary 10 carry the obligations
Z is firm OF Alfred N0gher. Jr.. A. Co.
1 eay city. Mich, which was conducted
81
sssszAanss agrsed 20 protect the affairs
K De eompAay from levy and sale and 10
~ protect FIynu's interest therein.
z sseges that Sc faithfully performed
snlee Cor the firm from April /. 1884. TN
isasry ]. fs95 For the service. he says,
4 entitled to ssea or this sum. 8. 900
"a ser salary. at the rate OF s. 900 per
ar ana 5000 ig his alleged share OF the
Eess
ha thsFd cause Of action Flynn alleges
81 aadef a renewal Of the contract re
sxspte9 a. engagement with the frm to
sfse & a manager from January I, 1885,
g lssaary !. 1855. and he was prevented
sxs iaily carrying out his agreement b.
Sc fset that the affairs az the firm were
lasef = the hands O. q receiver on Octo-
" 1 iss6 For the work that he per-
ss~fS and bic share OF the profits. he
sznE thai s. 80 Is due 20 him
II bases this claim as follows. That
- = fue 70 him upon hts compensation
kws per year. and the sum Of s5.ooo for
y soaFih interest ia the profits. lie al
~ taaf she profits OF the business for
g yssy iss5 were sea o.
flgun alleges that he has received ana
"a there has been paid to him by the
- o. account generally upon the
s1asris due 20 him between the LIST Of
ssssHosr. is.e. and October 2. 1895, hIs
sHsasl expenses. and also the following
a@s o. lis personal account. ts.s72 10: on
scent o. the firm ~. Alfred Mosher. Jr..
g. h sum OF saite3
Fgan fsrther aileRts that az the In
ga and request OF the firm OF Mosher
ssIeaaia, and purely for their accom-
paAisan aud exclusive benefit. he exc
e. aho1. January !. 1895. in his own
W. Eve promlssory notes These notes
Ntnk made hY him were mailed 10 The
e q Asffei Mosher & son AZ Bay City.
- Ter were foF the following sums:
80 Nf9 S.soa. "a so ana 81. SO. Flynn
sss that these notes were used Tor the
~s9se % securing money with which 70
- aflfis drawn hy Moshsr & Mcdonald
- Aiirea Mosher & Sons. and IN the
htas o. petitioners notes made Nv
81 ~ The use and benefit and ar the
49, of AoshfT & Mcdonald. Petit
AFefs That neither "a the execution
hq'ee or In the proceeds derived
ss1aa, did be receive any henefit
@ftsf lie further states that each %
~fe aeies was sold and transferred
Maturity. and IN the due course
s@e ne vas Notified by the holders OF
gYnsns
saa says that he negotiated sraft
sen and sold TIRE ~ ne - the PaEet
National banS The money. less
aeaease. Vas paid to him BY the
- nd the draft WAS accepted by Al
.sashsF 6 Son in writing a, BAY city.
soer lN9 On that date Mosher
af'euah paid g rs 50 on the craft,
- ea3anee az - s's u SIS Htlil due.
fFnn Is liable for tais balance. as
ana says that it viii look
n Ter the payment % the balance.
eaey derived from the dsaet was
=, ne boFisfss and FOR the benefit
4@ssr Z Mcdonald.
the avc notes ahave mentioned
nat8. Thev afu1unt in TIRE ee-
= ne sum ~ Sc So SO has been
- last their payment IS partially
chatt3 mortgage given hy
aesher & San 20 the Union VA
enA df Toy n. " the holder %
a Flvnn ssss he ~ not certain
agis MI he ra,s1tgea under tArf nr1-
y TIE ch1f'ef nserfea re - psv
es end 60 RELEASES him in whole or
~ TIE maker az ere ss}t notes
49, that q was afrt - his agree
10 Neshe- g. NleDHatI THAT tAev
-. lsF tsese notes ara fhe drat, ~
10y -; tAat tAc Ggm has failed 70
=, SO alleges ihat through the fsli-
Assaer q Mcdonald 90 pay the
= e Aired A. asher Jr. s CO.
81 g Ne Pas hreH hsst 80 tne err,.
49, taa' the Indebtedness - the firm
SaSe ans that SIS assets were
thersHoee feynn claims % has
-. sge4 81 coaseQnence of the DE-
-, sesaer & McTonaia in tae p8y-
ne 0e,tsratlans OF TIE Grm cg
ssesseses@asseeaeeeses