The times., 1897-09-24
PAINTER VERSUS lLBAUGH
Troubles of the Joint Manage.
ment of a Theater.
PARTNERS ARE NOT FRIENDLY
Differences Regarding the Conduct
of Business at the Lafayette
Square Lead to an Appeal TO the
Courts for Receivership Order
TO Sbow Cause Issued.

Mr.. onn W. Albaugh and Mr.. UTiah II.
Painte6 the owners of the Lafayette
Square Theater property, are far from
friendly TO each other. The relations be
tween them are Of the coldest and most
formal kind, and their intercourse is trans
acted entirely through the services of at.
tOrneys.
This unpleasant condition of things has
been progressing toward acuteness since
a very sti1rt time after the erection Of the
playhouse, and for the last yea. it has
been very bad. Both parties are sore and
critical and each inclined To blame the
otler.
The AFFAIR reached It's so far bltterest
stage yesterday in the filing of suit
by Mr.. Painter for receiver for the play
house and It's business, and the disSolu-
tion of the partnership between them.
The story OF the trouble as Mr. Painter
tells 1t in his suit is that he entered into
negotiations with Mr.. Albaugh for the
leasing of the Blaine lot on Lafayette
Square and the erection OF theater in
1894, and that d copartneIship was formed
In December, 1894, each party agreeing to
furnish halt the capital required in the
enterprise and each to receive half the
profits Mt. Painter secured ninety-nine
years lease ol the lot from the Blaine
estate, and through third party, Mr.
Paul r. Connor, it was vested in both their
names.
From a few days after the beginning
of the partnership Mr.. Painter says Mr..
Aibaugt has failed TO put up his share
of the capital needed. Nh. Painter has
invested about rwo-thirds and Mr.. Al
baugh only onethird of what was re
qulred. Ia addition 10 this Mr.. AIhaugh
has taken money out sof the receipts of
tile theater for his salary Painter al
leges, although there was no agreement
giving him a salarJ, and also has taken
other money, as Mr.. Painter believes, u.
run his theatrical business in baltimore
In January, 1896, Mr.. Albaugh. with
Mr.. Painters consent, obtained a loan of
500 600 OF the property, which, according
tn agreement, was tc be used in running
the tteater. This, Mf. Painter says, his
partner las used f,r his own purposes
and not in any way FOR the theater busi-
ness.
At present, Mfr. Painter says, there is
no money on hand 10 pay the lease rent,
due Octuber L, ,'-oS The license, also due
at that time.
Mr. Painter SAYS that, as his partner
Continued non-paying his share, aud also
persisted ia appropriating the receipts of
the playhouse for his own uses, it became
evident to hiTL that some solution OF the
difficulty was absolutely necessary By
this time, Mr.. Painter says 3Ir. AIbaugh's
deIneanor toward him had become SO ur-
pleasant that he was forced to conduct
all oyertures toward settlement through
his attorney, MIR. Porter, and Mr. Albaugh's
lawyer, Mr.. Henry P. Blair.
In June Of his year Mr.. Painter there
fore, through Mr.. Porter, made a propo-
siIion either 10 buy or sell. He was willing
either to receive from Mr.. AIbaugh all
he had put Into the business and his share
Of the profits, and deed his interest in the
lease and building and business to Mr..
Albaugh, or to buy out Mr.. AIbaugh on the
same terms.
Several letters passed between the at.
iorneys of the two gentlemen, and finally
ON August Sth, Mr.. Altaugh wrote TO Mr.
Porter agreeing to sell on these terms.
II was soon after this time that it W as
rumored tlat Mr.. Alhaugh was intending
to sell out his interest in the Lafayette
Square Theater. Some newspaper mention
of this was made.
The bill or sale. as it was made out b.
Mr.. Fainter and Mr. Porter, was not,
however, satisfactory To MI Albaugh,
and he refused to make the sale on the
terms proposed. He then announced in
The Times that he had no intention Of
giving up the Lafayette Square
Mr.. AIbaugh, in his letters TO Mr.. Porter,
at this time, stated that the bill Of sale
was not in accordance with the agreement
suggested by Mr.. Painter, and that there
were several matters in 1t to which he
could not agree.
Mr. Painter states ia his bill that il
is his belief tliat there can be no adjust.
ment wi hout tn Intervention OF the courts.
He asks that receiver be appointed i'm
mediately, and that Mr.. AIsaugh be en-
joined from taking any further part in
the management of the business
a rule ON Mr. Albaugh TO show cause
why a receiver should not be appointed
was issued nv Judge Cole yesterday.
Several matters complicate the troubles
between these gentlemen. contract for
five years has been entered into between
them and the Nordlinger and Zimmerman
oJiio4Sdte !bT tue OF the pld Tvs
controlled by the syndicate at the Uheater
Considerable difficulty was experienced
with this contract when the matter Of A
sale by Nr. AIhaugh was talked about
MI. Albaugh said that even if he sold out
his interest in the Lafayette Square thea
ter he intended to continue in the business
and wished to hold his interest in the con
tract with the syndicate.
1t is probable that there will be some
rupture of the partnership, however, as
both gentlemen seem desirouS of some
settlement, which shall not include a
continuance of the relations between thens.
One OF the lawyers for the parties In com
menting on thes relations between them,
recently, made the statement that if the
suit were d divorce proceeding, the trouble
would be characterized as inconpatibilfty
OF temperament.
Mr. Albaugh is in Baltimore and Mr.
Foster his attorney could not be found
last night.
WILL DEFY THE CYCLE BOARD