The Providence news. (Providence [R.I.]) 1891-1906, 1898-04-13
A SERIOUS
NUISANCE.
Charge OF Newell & Son
Against O'GOrman.
MADE In A BILL in EQUITY
The Trouble Grows Out Of the
Abandonment Of 4 Store.
APPELLATE COURT APPEALED TO

When O'Gorinan & Go. moved from
the building which they had occapied
with L. ID. Newell g. Son. fer the past
few years to the Alios building across
she street, his lease from Mr.. Newell on
the old store had not expired, and as the
store WINS empty end unattraclive Mr.
Newell naturally enough amp for tht
sake Of his own business wanted Mr.
O'Gorman to surrender the lease. The
vacant street floor was driving away his
trade. Mr.. O'Gorman would not agree
with Mr.. Ne we'll on the terms of the srr-
render, and still holds ths lease. Tho
vacant street floor was criviug away his
trade. mr.. O'Gorman would not agree
with Mr.. Newell on the terms Of the sur
render. and still holds the lease. In order
to compsl Mr.. OGorman to come to
soms settlement L. ID. Newell Il son have
filed a bill in equity In the Supreme
Court through their attorneys, w. II.
Barney and j. NJ. Ripley.
In this bill 1t is statsd that for long
time prior to March 5, 1894, tie complain
ants had been carrying on the business
OF dealers In dry goods. millinery. boots
and shoes ETC.. at the store on ths corner
of Westmin nster and Eddy streets. About
year previous 10 this date Thomas
U'Gorman made propositions to them
for assuming control of their dry goods
department. Ho claimed that he was at
that time carrying on large dry goods
business in Norwalk, Conn, that he was
we'll posted In the dry eoods business,
enu that he could greatly intreass tie
kte hat hA IN kn ha
Newells, ana that it would be Of great
advantage to the other departments OF
their business. lie was TO purchase their
stock at fair price and take q lease Of
the first floor Of the premises for Ieriod
Of six years at liberal rental thereby
reducing materially the rent OF the COM
plainants. He was 20 advertise exten-
sively during these six years increasing
the numbe Of customers that. came to
himself and to the complaiDants.
The sale was made March B, 1894, and
Is claimed that the lease was given
solsly for the purpose Of allowing Mr..
O'Gormsn to carry on ths dry goods busi-
ness In connection with the otRsr de-
psrtmsnts OF the complainant's business,
and with the understanding tLat tbs
business should continue as q combined
business for the term OF the lease. tie
rental agreed upon was $1,000 year. but
owing to the fact that Mr.. O'Gorman
would be put to considerable expense In
starting the business and would sdver-
tise heavily from the start the rent was
set ct $1,000 year for the nrss three years
ana ct $4,000 year for the last three
yesra From the time of she sale l.. ID.
Newell q son gave 10 the dry goods busi-
ness and continued the other depart
msnts In the parts OF the store not leased
TO Mr. O'GorrD an. The entrance to all the
Is through the part leased
~ks no mi nf no
show windows is also leased with the
Late in 1897 or early in 1898 1t is
claimed that Mr.. O'Gorman laiu q plot
to ruin and destroy the Nswells' trade by
drawing their customers to another place
OF business and secu 70 to himself the
benefit of their trade. In order to carry
out his plot more successfully he arranged
to oren h dry goods store and To carry
Also the lines prev iouslv and now carried
bv the Neweils. The new place was
nearly opposite and MIR. OGorman OBJ
tnipsd charter and arranged TO become
manager and apparently owner Of the
During last month It is claimed that
In tho further carrying out OF his plot
Mr.. O'Gorman moved all his stock of
dry goods from the premises to the new
store and left the place In great disorder
and desoiation. The shelves and counters
and show windows were left bare. except
where covered and filed with paper. dirt
and rubbish in evidences that the business
had been abandoned. IL gave the appear
snce that business in the whole building
had practically ceased. The corner show
window has not only been stripped Of all
goods on exhi bitiop. but the mirrors aud
fixtures have been torn out, nth no ben
sfit to Mr.. O1orlnan, and with great in
jury TO the Newelia and, as the latter
S.It tho of adj n Tn ~
siesoIate appearance Of the place and pre-
veutina them from using the show win
dow on cettsin occasions when. according
to the terms Of the lease, they had the
right to use It,
The bill further alleges that Mr.. O'0or-
man made fraudulent pretext of using
the premises by keeping boys at the
counter st the rear end OF the store, pre-
tending to offer cambric for sale. though
the evods are concealed from sight unless
. person goss to She further end OF the
store And It Is kept In such small guam
tity and is so placed among tue rubbish
as to add TO the appearance Of desoiatioD.
The boy, ths complainants believe has
cold only few cents worth OF goods
during ell the time that ne has been
there. and has spent most OF his time In
tue front Of the store reading story books
and directing people to the O'Gormsn
Compauy's new store. Tie complainants
state that MIR. O'Gorinap bas refused 10
permit the erection OF anything to on
ceal that part OF the premises where no
business Is being carried on from persons
entering the store, has removed . counter
put up by the Newells for that purpose and
hes refused to comply with a written re-
quest to discontinue the use of ths prem
ises for any other purpose than that Tor
which they were leased, ana 70 continue
20 occupy them for DRY goods store Tor
the balance of the torin OF the lease. Th~
som plainsnss stats that be pretended that
there was no understanding netween
them 90 tn the purpose for which the
premises we're leased, and that ne intend-
cd 10 keep things ~ they were until the
Newelis paid him large bonus They also
claim TINT the condition OF the premises
amounts TO . nuissncs and that 10 10 tn
jurins their trade. They ask tnss Mr..
O'0orman be enjoined from using the
pvemises for any purposs except TIE ory
goods business, and from pursuing any