The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-05-25
A BIG CLAIM
Made Against Wood
bury & Moulton.
Nearly Twenty Thousand Dollars
Involved.
Hearing Yesterday Be-
fore Referee Pierce.
Arguments Made Last Night and
Decision Reserved.

Yesterday there was a hearing before
Referee Pierce ON the petition of Frances
II. Bond and George II. Bond OF Spring
field, for tho allowing Of claim of $1s,
600 against the estate of Woodbury. &
Moulton.
To begin at the commencement Of this
matter and tell the somewhat coinplica-
ted story of the claim so that It may be
understood, II viii be necessary to go
back some ten or more years when the
Old Crystal Water company Of Staten
Island made contract with the Union
Pipe and Construction company for some
work aggregating about $4,000. The
Union Pipe and Construction company
sub-let their contract with the Crystal
Water company to J. l.. Rustling of New
York city. Mr. Rustling was evidently
not entirely satisfied that the Union
Pipe and Construction company was
security enough for him for the outlay
and labor he might be put TO and re-
quired further security. At this MIR. Il.
W.. Bond of Springfield, Mass, who
owned quite large amount OF the Grys-
|
also probably interested in the Union
Pipe and Construction company in some
way, gave Mr.. Rustling guaranty to
save him harm, and to protect him Mr.
\ Rustling was paid all of the $50, 900, ex-
fcepting some $40, 600 or Sl3, 600 and then
could secure no more from the Union
pipe and Construction company. His
attorney in New York then took false
step. He brought suit directly against
4 Mr.. Il. w. Bond for the recovery of the
balance of this amount which was due
Mr.. Rustling.
| In the meantime, somewhere about
1880, Woodbury., Moulton q Storms of
Springfield, Mass, firm which was
made up of the Portland firm and Mr..
| Sterns Of Springfield, purchased from Mr..
E. W. Bond of Springfield his interest
or a large part of it in the Crystal Wat
err company. In this transfer of stock
and bonds to Woodbury. & Moulton, Mr..
Bond required and was given guarantee
1 to protect him from the Claims then
pending against him by suits brought
by. L. Rustling. After this transfer
was made in 1891, Mr.. Bond died. In
the meantime MIR. Rustling's attorney
had discovered that he had made mis-
take In first bringing suit against Mr..
Bond and that he should have begun by
bringing suit against the Union Pipe
and Construction company, obtaining
1 Judgment against them and then brought
suit against Mr. Bond.
Suit was accordingly brought by Mr..
Rustling against the Union Pipe and
Construction company and he obtained
Judgment against them to the amount
of SO, 900. But in order to escape the act
of limitation according TO the Massachu-
sets law, it was necessary for MIR. Rust
ling's attorney before he could recover
from Mr. Bonds estate to have the pro-
bate court in the county in which
! Springfield is situated order the execu-
tors of Mr.. Bond S will to set aside enough
of the assets of the estate to cover the
pending claim against 1t. This order
was issued, but before suit was brought
to recover the sum adjudged against the
Union Pipe and Construction company,
which did not settle the claim, from
: Mr. Bonds estate the claim of Mr.
b
. Bond, one of the executors of Mr.. Bonds
will, drew check amount ing TO 1000
which she now petitions to have entered
, as a preferred claim against the estats
of Woodbury. & Moulton to cover thu
: guarantee given Mr.. Bond by the firm
OF Woodbury., Moulton & Stems.
Mr.. Sterns, who was a party to thi
guarantee, has dropped out. of sight, 81
the petitioner claims the guarantee
should be borne by the bankrupt firm
i of Woodbury. & Moulton.
The above is brief statement of thi
e complicated case. YesterdaysM r. Charlie
0 Barrows of Springfield, Mass, and Mr..
: Thomas l.. Talbot of Portland represent
: ing the petitioner, with Trustee ArdoI
a W. Coombs, representing Woodbury. s
r Moulton estate, and Harry NJ. Verril
e for the Municipal Security company
4 p. J. Larrabee for the Trickey estate
Eben W. Freeman for DIR. Charles Bake
e and other creditors, and Augustus f
I Moulton for himself and other creditors
: of the estate.
r With this array of counsel pro and col
Il it seemed as If a good deal of time AM
money must be wasted to bring out tn
facts. With view of seeing If som
agreement as to the facts of the case coul,
= not be reached by the parties, Truste
i, Ardon W. Coombs got the attorneys to
gether in his Office with the consent Q
a Referee Pierce and they held an all da
l session over the matter. The result wa
d that at O'Clock they appeared befop
s the referee having agreed to . statemen
of facts. The case was then argued a
a 7.80 O'Clock last evening. Trustee Ardoi
4 lw. Coombs made the argument for thu
+ estate and for the combined interest
loppossd to the granting Of this pstitiot