The Savannah morning news., 1901-07-07
WANTS HIS MONEY.
Continued from Page rwenty-four.

been several collections which may
amount to few hundred dollars. The
balance alleged TO be now due Ludden by
the Music House is not less than $4,000.
The plaintiff AYERS that while his rights
to collect these contracts is clear, the
collection has been Kindred and embar-
raised by. written notices served in the
name of the Music House. but at the i'm
stance of Parmelee and Buckingham, who
reside in. New Haven. upon the parties
owing these contracts, forbidding their
payment to Ludden or his agents. 1t is
claimed that in this way serious damage
is done Ludden and damage not easily
ascertained. 1t is claimed that these con-
tracts are inadequate security for the
debt due and that the notices sent out are
particularly hurtful TO the plaintiff.
Mr.. Ludden alleges that by corresPon-
dence he has endeavoured TO adjust the
matter, but without success. He AYERS
that the Music House is now actually col
lecting money due under the contracts,
Notwithstanding the fact that it refuses to
pay the plaintiff as required by contract.
With this showing the court is asked to
grant a temporary injunction.
1t is desired to have the defendants en-
Joined from serving notices upon parties
indebted under the contracts, and from
interfering with the collection of this
money by the plaintiff, and from collect
ing or attempting to collect any part
themselves. Also from an interference
with the right of Ludden to the possess
sion of the music, merchandise and fix
lures, with the books and accounts. From
paying over monies to the Piano Company
in excess of what 1t is entitled to under
the contract. That the defendants be de-
creed TO turn over to the plaintiff the
property in the Savannah store of the
Music House.
That the Piano Company be decreed to
accept the 1873 shares of stock, and that IL
refund the amounts received by II in eX-
cess of the amounts payable. under the
contract. That Ludden be decreed to
have full and free access to the files,
records and books of the Music House.
That the plaintiff have judgment against
the Music House for the amount due.
The petition is signed and sworn to by
Jaspersen Smith.
The Music House is represented by VIII
son and Rogers, and the application for
a temporary injunction will be fought
when the case is called on Saturday.
The defendants alege that the charge
made that the company is insolvent, is
false, and that the payments to Ludden
have been made promptly. They aver
that the last check for 81, 500 sent him as
agreed was returned, and that he broke
the contract. The corporation claims
that all payments that were due were
promptly paid, and that the plaintiff re-
fused to accept, and did return the last
check forwarded him. They say that the
Piano Company did not come into the
possession of the stock in any unusual
manner, and that Ludden knew full well
that President Parmelee owned much of
the stock of the Piano Company. The
defendants will make this showing at the
hearing.
Mr.. Ludden is well known in Savannah,
and is now residing in New York. Mr..
Smith is his confidential adviser and is
in the city in connection with the filing
of the petition for an injunction. He
states that Mr.. Ludden is enjoying good
health, and is able to be at his office
| daily.