, 1906-02-07
HOLLY BEACH FIRM
IN LITIGATION
Five Mile Beach Lumber Company
Win Their Suit. Other Cases
in the County Court
SOME PERSONAL ITEMS

The suits of the Five Mile Beach
Lumber Company against VIM. Il.
Garrison, contractor, and Anthony j.
Dever, Marion Fox, Anna G. Errick-
son and Mary f. Friday, wner were
tried at Court House before Judge En-
dicott last week and resulted in the
Judge directing the jury TO bring in a
verdict in favor of The plaintiffs in each
case. Several persons from Five Mile
Beach were present as witnesses,
among them being Mrs. Marion Fox,
VIM. E. Pharo, John Taylor, Joseph
N. Costill, John Soffe, Harry Oldfield,
Elwood Reeve, Robert Wright, Lewis
II. Stevens, VIM. II. Garrison, VIM. &.
Coles, Henry b. Coles and Forrest B.
Long. Messrs. Bleakly q Stock we'll,
of Camden, were counsel for the plain
tiffs, and ~Assemblyman James M. e.
Hildreth, E. B. Leaning, Matthew
Jefferson and VIM. e. Zeller appeared
IA counsel for the defense. 1t appears
that while Mr.. Garrison was a men,
ter of the lumber company hat he
carried on the contracting business as
an individual, purchasing the lumber
for his private operations from the
company, and falling to pay the COM
pany for the lumber used in the houses
built for the defendant owners. As a
member of The lumber company, being
vice president, Mr.. Garrison signed the
release of liens on these jobs, notwith-
standing hat the lumber had not been
paid for. Counsel for the defense adj
mitted the correctness of the account
Of the Five Mile Beach Lumber Com
pany and of the delivery of material at
the different buildings, with the ex-
ception of the Dever job, and this later
when delivery slips, showing receipts
for the material delivered, were shown.
Garrison, who was the contractor and
builder, and also vice president of the
lumber company, had a right to sign
releases of liens or receipts in the name
of the plaintiff company as such vice
president in favor of himself on opera
tons where he was the builder. The
plaintiffs attorneys brought out, upon
cross examination of some of the wit
nesses for the defense, several surprises,
particularly the placing of the words,
give Mile Beach Lumber Company
also Twice president" on the release OF
liens after settlement had been made
for the building. Quite an interesting
legal argument preceded the Courts
decision in the last three cases. Coun-
sci for the defense insisted that the
only question at issue was one of pay
ment, based on the alleged agency OF
Garrison as vice president. Counsel
for the plaintiff insisted that payment
to Garrison by the defendant owners
under such circumstances at once put
these owners on notice, and that they
assumed the risk of the agents dis
loyalty to his trust. They also con-
tended that where this dual relation
existed the agent could not bind his
principal, because he was known to
have an adverse personal interest.
Other cases tried in the Circuit Court
were:
James G.. Porch VS.. Anna M. Mum
hall, on mechanics lien, verdict for
Porch, 1870.
Evan B. Edmunds VS.. VIM. H. Grau,
builder, and Oliver J. Leigh, owner, on
mechanics lien, verdict for Edmunds,
$50 %.
G. B. Coles and Sons Company,
plaintiff, VS.. Burgher V. VanHorn, de-
PENDANT, OIL contract, judgment entered
in favor of plaintiff for $7O4. 20.
Five Mile Beach Lumber Co., plain
tiff, VS.. Anthony J. Dever, owner,
VIM. II. Garrison, builder, and Eliza
beth Dever and Francis Dever, execu-
Continued IN Pdge4