The Savannah morning news., 1904-07-17
DEFENDANTS To
PAY The PROFITS
PLAINTIFF WOULD HAVE MADE
HAD SALE OF LUMBER TRACT
BEEN ALLOWED TO STAND.

Decision to That Eject Handed
Down by Commissioner w. II.
Hewlett in Case of Charles Mr.
tbinsOn Against n. b. King and
Hall Tie a. Lumber Company.
Plaintiff Also Receivers 81 900 At
tOrney Fees-Mnkes His Total
Judgment S7,371.43.
Charles Marthinson can recover the
sum of s7,371.43 from n. 3. King and
the Hall Tie and Lumber Company.
This is the effect of the decision
handed down yesterday morning by
United States Commissioner w. r.
Hewlett, in the case of Charles Mar
thinson, plaintiff, against n. B. King
and the Hall Tie and Lumber Com
pany, defendants, in equity, bill for
specific performance, injunction, etc.
The caseS which has been pending
since February last is of interest ow-
ing TO the fact that more than $4,000
is involved in the case. Though none
of the parties 10 the suit are Savan-
nahians, yet the deals were consum-
mated in Savannah and all hearings of
the case were held here before Com
missioner Hewlett, who was appointed
the special master by Judge Emory
Speer.
According to the allegations of the
plaintiff, which Mr. Hewlett has sus-
tanned, he bought from Mr.. N. B. King
a tract of timber land. together with
certain improvements that had been
made on it, for contract price of ST.
923.57. A certain amount of this was
mai n nd Ato rr;tr So = l..
ance, which was to be paid in Install
ments.
Immediately after this sale had been
contaminated, Marthinson sold the
same tract of land to the Hall Tie and
Lumber Company at handsome profit,
the company paying him $14295 for the
land and timber. A portion of this was
paid down in cash and the remainder
covered by notes, falling due at stated
periods.
King and Hall Make Deal.
Shortly after the second deal had
been consummated, according to the
allegations of Mr.. Marthinson, the lum-
Der company came to the conclusion
that it had paid too much for the
property. 1t consulted with Mr.. King
and he, so it was alleged, decided he
had been paid too little. The two got
together and fixed up an agreement
NIClCDy NIL NlIlB COulu make a pIOHI
and the company a saving, according
to the allegations.
Disregarding Mr.. Marthinson entire
ly, the Hall Tie and Lumber Com
pany bought the tract of Mr.. King
for $11,000 making the third time that
the tract had been sold. By this ar
rangement Mr.. King made profit of
$3,076.43 over the amount he received
from Marthinson. At the same time
the lumber company saved 1926 on
the price they had agreed to pay
Marthnson.
Mr.. Marthinson, the only loser then
brought suit to recover the difference,
naming both Mr.. King and the lum-
Der company as the defendants. The
case was instituted last February and
after lengthy arguments by counsel,
was concluded on Saturday of last
week.
The Commissioners Finding.
In his decision United States Com
missioner Hewlett briefly reviews the
evidence submitted and then finds as
follows:
BY the terms of the first sale be-
tween Marthinson and King, and the
second sale between Marthinson and
the lumber company, the plaintiff
would have realized a profit of $6,37149,
the difference between the price he
paid King, and that which the lum-
Der company was to pay him.
BY the third and last sale Mr.. King
realized a profit of $3,076. 43, and the
Hall Tie and Lumber Company a saw
ing of 1926.
The sale of the tract by Mr.. King to
the Hall Tie and Lumber Company. as
against Marthinson, is ruled to be
fraudulent.
AS means of protecting his rights
in the LITIGATION Mr. Marthinson was
compelled to employ counsel at a cost
of 81, 1000 He is, therefore, entitled to
recover from the defendants the orig
inal profit of $6,371. 43, plus the costs
of the litigation. making total of
1871. AZ.
Owing to the large amount involved,
the case may be appealed to the United
States Circuit Court.