The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-19
:. ..n,,.at,on alea "a DC unlted

- e.ss Of E0oert Balfour 81 a. VS..
- -zsnsan e. a., a case involving the
Sss 80 ~ nrooerty now held by Charles
go Judge Hartford appointed joan
Esss 49,. RECEIVER, and Fixed his bond at
scr Jacob Fgrth as surety.
~x.ysts aled Fl rhe case by L. @. Pat
=, Balfour, Guthrie & Co. aud
80 Hgpkinx eivulgs the fact tha,
= difference Of opinion between
.-rses a. 70 the necessity OF the ap-
$50, OF receiver. The first differ
: or matters OF insurance. the COM
s.s..sts claiming the right 20 select the
-. with zhsch to insure and al
- ssxs Hopkins refused 20 insure with
= es,aaanIes recommended BY the COM
S.s,.n.s. II IL further alleged IN Pat
$50 afisavst that the complainsnts are
ssss-sxtsd In the general agencies OF the
s~~rrurlss selected by them, and that IL
80 ~ 10 their peeuriary interest 10 In
- ii the companies so named. Fur
- .E.a this. the af.iant alleges that
rs-.lns has not been dillgent IN enforcing
=. osyruent o. toe rentals OF the build
=. : controversy. especially the Seattle
s.sistae Club, which is considerably In
sr-ssr.. n closing Pattullo states that
e, Hopksns Is confined TO mis- home by
c,...x and Is unable 10 personally attend
: sse rentals Of the building.
r. stx AFFIDAVIT, Charles Hopkins alleges
-, he has had charge OF the property and
- collected rents and deposited the same
4 saarf. that all rents have been collect
q - 20 date. March r. except that from
- seattle Athletic Club. which. he Is as
.ursS VIII pay up in full by April 1. The
sshsflc club, be AYERS. has been a tenant
N tse property for four years. and has
s,xays been q good and desirable tenant.
sltaough Il has always been In arrears
srsm three 10 five months. He says he has
s5xaYs been diligent IN his collection: but
has beer hampered BY the interference Of
az eompjainants. ~ho have. he alleges.
seM me tenants that as the money coll
sse,sa AZ rent was 10 be paid into court
mare xas no pressing need for payment.
sas aiirng his statement by submitting
4 statement from r. r. Taylor. treasurer
q the Seattle Athletic Club. which IL 20
ne effect that BalfouT. Guthrie a. Co.'S
sxsais had Informed him that as the
narsv had 70 be paid into court they
would not press them for immediate pay
nsnt II Hopkins did not, closing with a
statement approaching the leniency OF
NJ Hopkins and promising To forward a
eAsek shortly.
he answers the allegations made by the
tunpGasnants regarding the insurance by
stssng that he renewed the policies with
shAs he considered first-cIass companies.
Judge Hanford. In granting the petition
tsr the appointment OF a receiver. made
ths following remarks:
II must be taken az a conceded fact
that pending the litigation over this m1rt-
SAGE, the plaintiffs have a right 10 have
the whole Income Of the property kept for
seglicalion 90 their mortgage If they pre-
saa in The salt-estahilsh priority OF
sAssr Een-and by the terms of the mort
fags they are entitled 10 have a receiver.
Aceondjng TO the practice OF courts of
equity. they VIII be entitled TO have a re-
ssysr OF the mortgaRed property upon
MA slowing that has been made as TO the
srvafages In the mortgage and the un-
ssrsasnly about the property being sal
ahss % sufficient TO pay OF the mortgage
r. nj and the accumulated taxes and in
s4Fanes. But on the former hearing I
hsa Tat that was practically an allow
shee Of the plaintiffs right TO have the
property well cared for and the rents coll
triea and preserved 50 as To be available
fcF application on the mortgage; and out
q consideration for Capt. Hopkins. be-
heTlng him 10 be Interested in the proper
" % Try TO do the best he could with the
property and save all expense. | made an
erifr That left him as the custodian and
EAAaser Of the property, on condition
ttaS HS pay tNe Wn94N or the income INTO
ne registry OF the court. Now. there is
~ particular advantage TO him IN con-
tHhing this arrangement. except as a
natter OF sentiment. III he was n well
nan and able 10 give his personal and ac-
I've attention 10 looking after the prop
VIZ, az he has done up TO the present
tina there would be that advantage IN
having an Interested man look after the
property, 20 get the best Of terms and
ssep Z up IN the best shape practicable.
so az parties Interested would have the
hnsai Of that interested service. But
aaon the showing made that he Is In III
heAith and not able. "a / believe. 10 give
We property any better attention than a
e'sihtereSted person would mean by
sAsf person disinterested as between the
FAFiies-that consideration falls There
"a been some saving OF expense, which
a. The parties have the advantage OF.
tst ne compensation or the receiver at
,ae utmost would be very small. and that
BOT controlling consideration.
hsuer % sentiment IN this thing to a
rka ot advanced years and ia poor health
: snsnnis 10 good deal with me-
sal 90 not think that II weighs against
.as other consideration that there is irri-
st'.on srd friction and a good deal OF
80 ssFirnens 70 Capt Hopkins IN having
.hA property on his hands and caring for
= and while II may be displeasing 10 him
y awe some one else take care OF it. at
- sanae time he would be relieved from
~ irritation and worry that "a constant
sase he retains n. and I think that Is a
49, ~ onset for tho disappointment az hav-
- me property taken ont of his hands.
90 not ;hiaS that Capt. Hopkins Is
tesuFaoie AZ all in thu matter OF col~
. ,tlns rents. | believe he has been faiths
~ shd diiiEeut IN caring for this prop
10y and al parties have had the bene-
=. ~ e " such property as the Athletic
s.ae building cannot - handled a. some
'eiaesties can. As long as a tenant that
= NlsFent and from whom the money can
.sfeta tally BE collected. Is occupying ira
ssfsitses ana willing - pay. but uuahie
- - Promptly. 7 think = would e@
-sN sE'Hrt1aNnf to f0rce matters 80 the
'AssHt - losing such tenant. or course.
tenANt n8x rot the money you can't
- Ne money. Yea can turn them out
- s~S Judgment against them. and col
- y cat % their assets: thar Is about all
- can IL. except walt FOR the money, I
70 cohviaced that Can't Hopkins has
- NiHEert and prudent en- collecting
- rents 7 would rot make any differ
- erdeT hv reason of any loss 20 any
- ~ reason ~ his negligence.
MS matter - Insurance. however. -
aAtter ttRt Illustrates the aiT{ Guilty 81
1870 she business guiuw cn pending this
!. 50 On. where ere Interested party is N
{tssFei 81 thA property And the other
..a.sas TfEnts Rn& they have % ether
: 80 or disagree - thev agFpe. &c concs
!, = result % f~etfinz ana worry. II they
s>sree. one or the other feels that they
- NTo7Ecd 60 some extent And q
sNsS Wear sr1 tear ans expense. BE-
- Counsel C.tanot - coming 70 tha
49, every feW DAYS wtth matters %
siaa witaous expense 60 thelr clients
s-tlets 1ew tNat tAs tire aas coma
80 ne parties iutsres .ad would ~ best
- ted ~ put4Hg a dls{ufereste3 party
sAtloG
81 appolat Echn II NctSraw as re-
.tss ct tNSs Franerfv RrA VIII OK his
MI AZ IRE sum ~ = 90"
Mr. Fentoa'- VIII