The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-12-17
SECOND CHAPTER
Of THE SIMPSON,
NUSBAUMER FEUD
Answer to Simpsons
Complaint.
WHERE THE MONEY WENT
NUsBAUMER SAYS SIMPSON RE-
CEIVED THOUSANDS.
WHERE THE MONEY WENT
Oakland Office San Francisco Call,

OahIhnu once san Francisco Call
SOS Broadway, Dec. 10.
The second chapter in the Simpson Nus
banner feud was filed In the records Of
Alameda County to-day when Emil Nus
pauTner filed his answer TO r. T. Simp-
son suit for an accounting over his set
tlement In the tangles over the construc-
ton or the Macdonough building in this
city. The answer asserts that Simpson
got SS6l6 80 out OF the compromise instead
o. the $lll6 80 claimed, and that the
amount settled for was $4,000. and not
81 Gas 40. as claimed
After making a lot OF statutory denials
the answer tells the story Of the compro-
mise as follows, emitting the legal YER
biage:
On February 20. 1898, A. A. Moore and
J. I. martin were the attorneys for Simp-
s0h IN MS litigation with the late Joseph
MacdonouSh, and that they, and not
simpson, employed Nusbaumer 10 com
promise with the lienholders against the
Macdonough building because OF the fall
ure or simpson 10 settle with them Act
ing under this employment, which was
Win the consent OF simpson, Nusbaumer
worked Tor eight day and secured settle
mehts with all OF the lien claimants In the
following sums:
Puget Sound Lumber Company. includ-
ing the assigned claims of NJ Marks. r
II Kosenbaum, Pierce & Co.. S573s. V L.
ortln. SLIGO So; Dodge * Fry attorneys
Tor Fortin, 800; F. y. KUss. 1894 So: Lew
kellogg. assignee OF q. Christman, includ-
ing attorneys fees. Sl3SS 50. Nlehaus Bros
NI0l. and attorneys fees 500 Moore a
Martin agreed 10 take 5000 as their fees as
attorneys for Simpson, NJ g. Chapman
agreed 10 take $500 and Nusbaumer agreed
10 take $50.
These figures were presented 10 simp-
son and lie agreed 10 pay them all out
OF any sum he might receive from Joseph
Macdonough. Joseph MacdOnough finally
agreed 10 pay Simpson the flat sum OF
$4,000, out of which all OF these claims.
aggregaJing Sl5,SS3 20. should be paid
leaving a balance Of $36l6 50. which was
10 be PAID 10 Simpson.
The settlement was made upon this
basis, Joseph MacdOnough drawing the
checks IN his own name for all Of these
parties, sending the checks 10 them and
nnally sending Simpson a check for the
balance due him. Upon the delivery OF
these checks all actions were dismissed
Judge Nusbaumer then declares that
ne never received any money or prOpertv
in the settlement except his Zee OF sIb5
The story or Simpsons being left ont
side or =. Il. Coles office while the sertIe
Iment was made is said in the answer to
have been as follows: The reason tina
defendant requested plaintiff to remain
outside the office OF f. L. Cole was thar
defendant believed he said Macdonourh
would be present in said office and know
Ing that Plaintiff (SimpsonJ was Possesses
or quick and ungovernable temper and
that plaintiff (Simpson) and Macdonough
were unirlendly, one toward the other.
ne. defendant (Nusbaumer), feared that II
plaintif and Macdonough met there mieht
be trouble between them"
Judge Nusbaumer sets up a countar
claim against Simpson for SlO for incidsn-
tai expenses and asks judgment for thar
amount and costs. The document is sigr,ed
by Fitzgerald & Abbott and A L Frick
as attorneys for Nusbaumer
Meanwhile Simpson has served Nushau
mer with "A notice that his deposition viii
be taken on Monday next and he de-
hOu1Ces the answer as "a pack or lies"