The true northerner., 1900-10-12
IMPORTANT CASE.
$4,000 INVOLVED IN SUIT OVER -HE
STEAMER DARIUS COLE.


One of the most important suits ever
instituted in Van Buren, county was be-
gun on the 9th day of September last,
by the Williams Transportation company,
citizen of South Haven, filing bill OF
complaint i'm the circuit court, in chan
Gerry, against the Darius Cole Transpor-
tation company, a citizen of Bangor in
this county. La compliance with the re-
quest of counsel for complainant, and in
order to give an opportunity for service
of process, the bill was suppressed for
the time being and no knowledge OF the
pending suit was made public until the
matter appeared in the Chicago papers
on Friday of last week. Il. j. O'Brien
of Grand Rapids is solicitor for COM
plainant, G.. Il. Kremer of counsel.
The bill of complaint sets up that dur
ing the season of 1899 the complainant
company was running line of steamers
between South Haven and Chicago;
that it had in its service the steamers
City of Kalamazoo, III. w. Williams and
Glenn; that, desiring to increase its
transportation facilities, it entered into
negotiations with the defendant com
pany for ithe purchase of the steamer
Darius Cole; that its traffic consisted
largely i'm the excursion business and
that boat suitable for its service must
be capable of making at least ID miles an
hour; that it informed the defendant
company that a slower steamer would
not answer its purpose and that the
president of the Cole company Mr.. A.
b. Lee, represented that the Cole could
make the desired speed and that she was
sound and in perfect condition; that
contract was made for the purchase of
the vessel and the sum of $4,000 paid on
account, and that on September %, 1899,
the sale was completed, the complainant
paying to the defendant $4,000 in cash
and giving four notes of $4,000 each,
payable September % 1900, 1901, 1907
and 1903, and a mortgage on the steamer
TO secure payment; that in the spring of
1900 it was found that the boiler of the
vessel was unsound and complainant
had to pay 5000 for repairs, part of which
the Cole company made good: that after
having made IL trips under favorable
conditions, it was found that the boat
could not exceed 13 miles per hour; that
in July last the defendant was informed
that the vessel could not make the guar
anteed speed and defendant was re-
quested to remedy the deficiency; that
defendant insisted that she could and
should develop the desired speed under
skillful and proper management; that
the complainant was obliged to cancel
a number of excursion contracts because
of the slowness of the Cole and by rea-
son thereof was damaged in sum of S25,-
600; that on or about September 10,
1900, the complainant rendered return
of the Cole to the defendant and de-
manded a return of the 10000 cash paid
and its four promissory notes, which was
refused by the defendant.
The complainant asks that the con-
tract be resclnded, its money and notes
be returned and that reasonable damages
be allowed the complainant and that an
injunction be issued restraining defend
ant from disposing of the said notes and
vessel mortgage or from taking any pro-
ceedings TO collect the same, and such in
junction was duly issued.
The agreement between the parties,
which was made a part of the bill Of
complaint, contains the following clause:
THAT her hull, machinery and boiler
are in perfect condition, and that she is
capable of running ID miles per hour
under suitable conditions" The bill of
sale, also made a part of the bill of com
plant, contains a similar clause.
The defendant company, by Fred G.
Harvey of Detroit, its solicitor, appeared
in the case September 20 and demanded
copy of the bill of complaint.