Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-23
Uriah q. Painter Sues for Dissolu-
tion Of Partnership.
BUSINESS COMPLICATIONS RELATED
Wants a Receiver and a Selling
Price Set.
ALBA CHS MANAGEMENT

Judge Cole today ordered John w. Albaush
to show cause, Tuesday next, why ID re-
ceiver should not be appointed for the
Lafayette Square Opera House, said re-
cetver to take charge of and run the house
until the further order Of the cour:.
In his petition. filed by Attorneys Blair
and Them, today. Mr.. Painter states that
In December, 1894, he and Mr.. Albaugh
formed copartrersbip for the purpose Of
constructing theater and carrying on a
theatrical business here, said partnership
to be an equal one as to both profits and
expenses.
Then Mr.. Painter goes on to state that
he secured a lease from Mrs. Harriet S.
Blaine, widow of James G. Blaine, Of the
land on which the opera house stands, and
that the house vas erected, Mr.. Painter
claiming to have furnished more than two
thirds of the money required to erect and
equip it. Mr.. Painter also states that Mr..
Albaugh, January 3, 1885, with his knowl-
edge and consent, gave a deed of trust on
the house for $50QO0 to Henry V. d. Johns
and VIM. F. Porter. and claims that lien
exists in his Painter's) favor for the
cess of money advanced by him, as well as
for an amount said by him to have been
withdrawn by Mr.. Albaugh. under the al
legged pretense of salary, against his pro-
test
On this extra sum advanced by him Mr..
Painter says interest for nearly two years
is due and unpaid: that there is no money
with which to pay the October installment
of rent under the lease; that the building
is incomplete, and that Mr.. Albaugh re-
fuses and alleges he is unable to furnish
any money toward its completion.
Some Statements.
Mr.. Painter charges that Mr.. Albaugh's
temper is irascible his habits uncertain,
and that therefore all business between
them for several months has been conduct
ed through correspondence or through Mr..
VIM. F. Porter Mr.. Albaugh's legal repre-
sentative.
Mr.. Painter says that he has made many
efforts to secure an adjustment of their diff
ference, and that the morning of The 10th
of last June Mr.. Porter offered to submit
before night, on behalf of Mr.. Albalgt. an
offer in writing to buy sell, but that no
offer was submitted up to the Dist of the
following month, although one to buy the
complainant's interest with unsecured pay
ments has been made by AIR. Aibargh.
Further, Mr.. Painter says the profits do
not meet all expenses and tina. there are
likely to ripen into judgments certain suits
against the partnership.
The complainant charges that ne has
been unable to obtain an itemized account
ing as to the disposition of the $4,000
borrowed, but says that a general state
ment submitted to him shows a balance on
hand insufficient to pay the liens Of record,
should they become judgments, although
i
the purpose. among others, of protecting
the property against any liens.
Relations Changed.
Until early in 1896, explains Mr.. Painter
their relations were friendly and they
jointly conducted the business but dur
ing the past year their relations became
greatly strained, a great amount of friction
existing, and he claims that the copart-
nership can no longer be carried on with
profit to either, especially because of the
alleged inability to meet floating indebted
ness or complete the building so as to
render 1t source of revenue from the
rentals of the completed portions, as was
originally intended.
His associate. SO charges Mr.. Painter, is
insolvent, and denies him any part or voice
in the management or conduct Of their
partnership business, and arrogates to him.
self Che oefendanD the right to use part
nership funds regardless of its needs or the
rights of the complainant.
Offer to Sell.
Mr.. Painter explains that his bill of COM
plant was ready to be filed last July, but
that Il was not. because of certain negotia-
tons which followed; that August he ac-
cepted Mr.. Albaugh's proposition of July
% to sell, he (Albaugh) to be paid his share
of all money earned as profits of the thea
ter and expended in the construction of
lhe puueihs' NF. Tdintef 10 assume tne
payment of the deed of trust and all out
standing debts growing out of the con-
struction of the building, and that while
Mr.. Albaugh authorized his representative
to accept the offer, he Albaugh) subse-
qUently refused and still refuses to carry
out said proposed sale, demanding a salary
of S15 week and 81, 500 year additional,
something, says the complainant, the prop
erty cannot furnish and take care of its
floating debt, now overdue.
Therefore, Mr.. Painter prays for the ap-
pointment of a rec eiver, dissolution of
the partnership and an accounting. He
also asks that a purchase price may Le
determined. and that Mr.. Albaugh be re-
quired to sell out, IS he is alleged to have
agreed to do.