The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-03-19
UNIQUE B. &L.SUIT
Interesting Suit Over a Drug
Store Heard Before
V. G. Pitney.
LAWYERS AT LOGGERHEADS
Objections to Receiver Pus-
ter Selling Off the Stock
and Fixtures.

NAo l. lAUQl CD
The Chancery suit of the Unique B. &
L. Association against Theodore Barnes
and Mrs. Emma Langford was again be-
fore Vice Chancellor Pitney this morn
ing. 1ne association composed of MEM
bers of Unique Council Royal Arcanum,
took possession of the stock and fix
lures of Druggist George K. Campbell, in
Arcanum Hall, Jackson avenue, he having
fallen into arrears with matters of dues to
the Council. Ex-Judge Henry Puster was
appointed receiver and he ordered sale
of the goods on Friday last.
LIS morning Lawyer Peter Bentley APP
peared for three persons, who, he said.
were interested in the receivership, but
one of these clients denied this in letter
and the other engaged another lawyer
Mr.. Bentley said that he went to Newark
recently and secured restraining order
from Vice Chancellor Emery and only ar
rived at the drugstore in time to stop
the sale, thus disappointing over 100 pros
pective purchasers.
The order was made returnable today
before Vice Chancellor Pitney, who ap-
pointed the receiver on the application of
Lawyer Carey, acting for the Building
and Loan Association, who having OBJ
tained judgment proceeded to make an
execution. After execution had been made
Counsellors Traphagen and Beekman, for
Theodore Barnes and Mrs. Emma Lang
ford, put in a claim for ownership of the
goods and fought the application for a re-
ceiver Lawyer Bentley claimed that the
firm of Bentley & Bilson represented
Theodore Barnes, his father, John Barnes,
and Mrs. Langford, and he asked that the
order restraining the sale be made per-
manent. AT this juncture Lawyer Ho-
bart, of Messrs. Corbin and Corbin, in
terposed:-
s.Your Honor, I am here for Mr.. w. H.
Corbin, who represents Mr.. John Barnes.
may also state that Mr. Barnes wishes
the sale to go on"
81 represent Mr.. Barnes,'' said Mr..
Bentley
''Well, client may change his solicitor
at any time. That is his right observed
the vice-Chancellor.
''But, your Honor, Mr.. Theodore Barnes
as his fathers agent retained me-" said
Mr.. Bentley.
Lawyer Hobart thereupon produced a
letter from Mr.. Barnes authorizing Mr..
Corbin to represent him, and also de-
clared that he had conversed with Mr..
Barnes by telephone this morning. Mr..
Barnes, he said had then stated that he
wished the sale to be held and that all
he wanted out of the proceeds was S2O9
and interest due for money advanced on
a soda water fountain.
A letter addressed to Vice-Chancellor
Pitney was handed to him by Mr. George
Harrison, of the Commercial Trust Com
pany. 1t came from Mrs. Langford, one
of the parties in the suit, and in it she
stated that she held 1000 chattel mort
gage on the stock of drugs, etc, and that
the sale had been adjourned without her
consent and against her will. She denied
that she had authorized Mr.. Bentley to
represent her and said she wanted the
sale to go on.
Vice Chancellor Pitney caused Mr.. Har-
rison to make an affidavit that he had
seen Mrs Longford write the letter and
accepted it.
Nov, Mr.. Bentley, I will hear what
you have to say as representing Mr.. Theo-
dore Barnes said the Vice Chancellor.
Mr. Bentley presented affidavits from
his remaining client and from George K.
Campbell to the effect that Campbell in
1886 assumed charge of the drug store at
No. 46 Montgomery street for his mother,
Mrs. Josephine Campbell, who had pur-
chased it at a constables sale. Shortly
afterwards the stock was transferred by
bill of sale to John Barnes, WHO had at
various times loaned money to Mrs.
Campbell. Mr.. Barnes in turn gave a
bill of sale to his son, Theodore Barnes,
~. 1.;, ~,
the business. Then Theodore Barnes gave
Mrs Langford a chattel mortgage for
S., 900 on the stock and fixtures, which in
due course were removed to the Jackson
avenue store, as business in lower Jersey
City became dull.
rs that all you have to offer, Mr.. Bent
ley?" asked Mr.. Pitney. There is moth
ing new in these affidavits.
Eyes, your Honor, but ask you to post
pone this sale until title to the stock is
determined. I claim that my client was
never properly served with notice and
1 contend that the Court cannot order a
sale to be held until title is determined"
replied Bentley.
Mr.. Bentley cited several cases, but the
vice-C Chancellor shut him off, saying
'.I've read every one of them and writ
ten opinions on them. They don't apply to
this case. I'll grant you order if your
client will pay sufficient money into
court to indemnify the Unique Building
and Loan Association, and if you can OBJ
tain the consent of John Barnes and Mrs.
Langford.''
Bentley was unable to promise this, and
the Vice-Chancellor dismissed the order.
The sale will go on tomorrow afternoon.