The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-07-20
WILL TAKE SEVERAL DAYS.
Hearing in the O'ConneII-COhen Case
Begun.

The case of Matt O'ConneH against the
executors ana executrix of the estate of
Solomon Cohen that has been pending in
the Superior Court since the November,
1897 term, without ever having come TO
trial, was heard In some of its parts yes
terday before Judge a. II. MacDoneH,
master and auditor in chancery, to whom
it was referred by JuGge Fallgant for
the purpose of taking testimony and re-
porting to the court
Mr. OConnell claims that the estate is
indebted TO him i'm the sum of 81, 422.2 20 on
an open account between himself and Mr..
Cohen, which Indebtedness he asserts was
incurred during the life-me of the latter
The account Is made up of various items,
large and small, and principally for sums
alleged to have been advanced by Mr.
O'Connell to Mr.. Cohen for the purpose of
prosecuting work in which they We're
jointly engaged and the profits OF which
they We're jointly to share,
it Is further charged in the declaration
of the plaintiff that he as partner with
the defendants decedeut IN the business
of purchasing land and building houses
thereon Mr.. Cohen was 10 furnish the
money and Mr. OConnell was 10 make use
of his experience in such matters, select
the land, draw the plans aud superintend
the erection of the houses that were Quit.
The profits that were made on such trans
actions were to be shared equally by the
partners.
Mr.. O'ConneI claims that there are
Twenty-Five houses that were built by Inc
partnership that now stand in the name
of the estate of Solomon Cohen of which
he h9t no f,.. q ed 10 Ia
half owner and that the estaIe account
with him for the profits it has derived
from these houses since the death Of Nj.
Cohen. 1t is asserted by the Plaintiff that
the money expended by Alr. Cohen in
building these houses has been made up
from the profits derived from the sale OF
other houses in which the partners snip was
interested, and that as they now stand
they ought TO be half his, tree from any
incumbrance whatever.
To establish the partnership and the re
lauons that existed between the two sew
eral Witnesses were examined yesterday
before Judge MacDOneE, Messrs. r. X.
Richards and U. II. McLaws appearing for
the plaintiff and Lawton & Cunningham
FOR the estate and the executors. MIR.
Charles Brant testified that he was in the
Office of Mr.. Cohen, as an emplCye during
the time The contract Of partnership is
said to have been in existence and THAI
he understood that Mr. Cohen and Mr..
O'Connell were partners. lie had heard
Mr., Cohen say a partnership existed, but
he was unable to say to just what extent.
A number of other Witnesses testified 10
acts tending to show the existence of
partnership, and Mr. 7. w. Whoever. a
to the charge usually made by architects
for their services. The effort was to show
The reasOnabieness of the a}eged asree-
ment between Messrs. O'Conneh and Co
hen.
The case is an Interesting one, and
large amount of money is involved in it
how much, probably, no one exactly
knows. Mr.. O'Connell came to Savannah
from Kansas City, who're Re is now liv-
ing, to assist his attorneys in the conduct
of his case, and win probably go upon the
stand before The hearing before the matter
is concluded This win take up Two or
three days longer, as no Witnesses for the
defendants have yet been introduced, and
The plaintiff has still others that he de-
sires to have heard.