The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-08-21
OVER A CUSPIDOR
WAS 1T A WEAPON OR JUST A
RECEIVER
THE PARTING OF PARTNERS
Whether Irving Hit Smith With the
Spittoon or Smiths Head
Lodged ThereP

A story of a lively partnership row Is
contained in the complaint of William 7.
Smith against James Irving, in suit filed
yesterday in the superior court. The
parties constitute the firm of Smith &
Irving, who. In May, 1896. formed a part
nership for the purpose of assaying, gold
refining, buying and selling gold and silver
and carrying on a general business as met
allurgists. They located in room s, at LIS
North Main street, and soon built up al
thriving BUSINESS. But dissensions and
disagreements arose and according 20
Smiths allegations in the suit he now
brings, the junior member of the firm has
not only made a pretty mess with the firms
clientele but has given Smith himself such
jolly whipping tina, the complainant is
now laid up in bed.
The plaintiff states in his complaint that
Irving has at all times failed to perform
his duties as a member of the firm and by
his serious misconduct has so injured the
business and plaintiffs interests that 1t is
improbable that the partnership shall
continue any longer. Plaintiff further al
leges that on more than one occasion Irv-
ing has even threatened to use revolver
in support of his arguments. The last
the partners, plaintiff states, was on the
18th instant. 1t is alleged that in this
fracas Irving struck Smith on the head
with a cuspidor, cutting. brusing and
manning him so badly that he was at one
time believed to be fatally injured. For
this act Smith had Irving arrested on a
charge with assault with deadly weapon.
This case Is still pending in the police
court.
AS result Of all this Smith alleges in
his civil suit that 1t is better that the firm
be dissolved. He states the partnership
properly to be worth about $1,000. and prays
for the appointment of a receiver and a
restraining order to prevent Irving from
disposing of the property. Irving is al
legged to be a somewhat inexperienced man
in the business, so Smith prays the court
to appoint an experienced assayer as re-
ceiver. Plaintiff asks that the firms prop
erty be applied to the payment of debts
and the remainder divided between him
and Irving.
There are always two sides to this kind
of story, of course and in this instance
Irving makes a most emphatic denial Of the
main facts of Smiths complaint. He says
that he has never neglected his business
hut has always striven to build up sub
stantial line of custom and to do every
thing for the firms best interests. On the
other hand he claims that Smith has di-
vfded his attention between the business
of Smith & Irving and an institution of an
other character conducted in his wife's
name. So far as the charges are con-
cerned. Irving contends that he never
struck Smith with cuspidor or any
weapon other than those which God gave
him. He states that Smith struck him In
the eye and that he retaliated and in A
clinch Smith was thrown down. his head
striking the cuspidor in question. Mr.. 1rv-
ing states that the direct cause of this af-
fray was, dispute which arose over GER
tain checks against the firm issued by
Smith to pay his losses at the coursing
track and over the gambling table.