Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1904-11-17
Full Resume of This Interesting Case
in Americus.
DECISION WAS A VICTORY FOR THE HOTEL co.
Rendered by Auditor and Confirmed by The Court
Litigation Covers a Period of Years and of Much
Interest to General Public. End of The Cause
CeIebrae is Now i'm Sight.

The recent decision rendered in
superior cout in the case of the Wind
sor Hotel company versus G. A. Frick-
er, wherein the court found for the
hotel company, was subject of general
interest 10 Americus An appeal from
this decision will be taken however,
and it will be several months yet ere the
final decree is rendered and the rehab-
ilitation of that once splendid p1ope--
ty begun.
AS the case has been 80 long in the
courts, some three or four years, the
Times Recorder has been earnestly re
quested by interested citizens and the
pablo generally to review briefly it's
legal aspect for the Information If the
public, that all may be Informed upon
this important question.
Americus Manufacturing and Improve
ment Co. VS.. G. A. Fricker-PetItion
in Equity, etc Auditors Report,
ETC., IN Sumter Superior Court. Ia
vacation, by consent of parties, this
November 9Th, 19C4.-Decree.
The above stated cause, having been
referred to Hon. E. A, Hawkins, as au-
ditor, at the regular November term,
1900, of said court, and the said audi
tor having made and filed his report
therein, on November 21st, 1908, and
exceptions to the auditor report hay
ing been filed by both the plaintiff and
the defendant, and it being agreed in
writing between the attorneys for the
plaintiff and defendant, "that the above
case may be heard by the court in vaca
ton, as If in term time, and the court to
pass upon questions raised by the ex-
ceptions to auditors report, and other
legal questions in said case, aud in the
event the exceptions of fact are not
approved by the court, and there are
no issues for the jury, the court shall
render q decree in said case, in vacation,
as in term time" and argument of
counsel on the exceptions to auditors
report having been heard October 18th,
1904, and the court having overruled
both the exceptions of law, and fact If
the plaintiff, and all the exceptions OF
law and fact of the defendant, except
the following items in exception of law
No II, to wit:
Recording Deed to the British-Amert-
Revenue Stamps. E. ........ ........... 70 rs
ExCh ange on $4,000. Observation-Disclosures. 90
W. D. Ellis fee for approving all pa
Observation-Disclosures. .................... 2OJ 20
Total. ACKNOWLEDGEMENTS. 800. S277 20
which portions of said exceptions are
hereby approved, as above set forth
The auditor having found "as mat
ter of law that the relation between
plaintiff and defendant was confden-
tiaI; that defendant is trustee for plain
tiff under an implied trust; that de-
fendant had no right to make said APP
pllcation for loan on plaintiffs property,
in his own name, and in his individual
capacity; that he had no right to make
said contract with Weyman & Corners
for the procuring of said loan; that he
exceeded his authority in so doing, and
his acts are not binding upon the
plaintiff as between plaintiff aud
defendant; that he had no right
to bid off said property at said
sale and take the title thereto in his
own name; that he could not acquire
an interest in said property antagonis-
tic to, or adverse to plaintiff; that his
acts in so doing were illegal and not
binding upon the plaintiff; that he had
no right to go into possession Of said
property in his own right; that he had
no right to collect the rents and profits
from same, and apply the proceeds to
his oAn use; that he holds the posses
sion OF said property, and the title
thereto for the plaintiff as its trustee
under an implied trust: that plaintiff
has the right to assume the payment of
the loan of $35, 10000 principal, of the
British & American Mortgage Co, land
to indemnify the defendant from the
payment thereof, and to haye from de-
ferdant deed of reconveyance TO said
property or q decree of the court in its
favor, decreeing the title in it upon
plaintiffs assuming the payment Ct
said mortgage debt, and in6emnlfying
defendant from liability thereon, ana
upon the payment also of any sums that
may be due said defendant for expenses
incurred in procuring said loan and
caring for said property as hereinafter
IN this report specified.
The auditor further finds that it was
not necessary for plaintiff to tender to
defendant prior to the bringing of the
petition IN tbs case. his expenses in
procuring the said loan and caring for
said property as a right precedent to
having said property reconveyed to it;
that the offer to account to defendant
| for his said expenses, without the actu-
al tender of the money was sufficient.
The auditor finds that the plaintiff
company was not guilty up the time of
the filing of this petition, of such
Iaches as would bar its right to recover
said property from defendant.
Toe auditor finds that the plaintiff is
not liable to defendant for he actual
expenses incurred by him in procuring
said loan, but is liable to him for the
reasonable value of such expenses, and
that 100000 is reasonable amount
for the procuring of said loan of $780,
10000 and said 5000 90 difference;
that the plaintiff company is not liable
/ To defendant for exnanseR incnrrRd by