Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-06-23
POWELL PUTS one OYER
Two Suits against Woodburys and
Another to Follow.
Malicious Persecution and Interference
with Trustees Duty Alleged by
NJ. l.. PoweIi--Body Writs
Served on WoOdburys.

'Yet they were not afraid nor rent
their garments. neither the king, nor
any of his servants that heard all these
words" jeremiah xxxvi:@.
Despite the fact that Max l.. Powell
has swooped down on the Woodburys
from his eyrie above city Hall park with
Two suits for 100000 each. all was out
ward calm and quiet at the Van Ness
House Monday evening. Even as the ruins
Of the old Hotel Burlington were crumb-
ling into dust Mr.. Powell was prepar ring
the papers in the two actions and Monday
evening they wore served by Sheriff AL
zen.
Both are actions in tort and both are
brought against G. L. and F.. F. Wood
bury to recover in each case, the sum of
$4,000. Body writs we're served Monday
evening and bond filed by the Wood
burys The first suit is brought by Max
l.. Powell personally and alleges mali
cious persecution and false statements
In connection with the controversy over
the Hotel Burlington property The sec
ond suit is brought by Mr.. Powell as
trustee of the estate Of G. NJ. Delaney
to recover for the benefit of the creditors.
Abuse of process is alleged.
And these are not the only shots that
MIR. Powell had in his locker. He said Mon
day that he would Immediately hring
third action. against G. l.. and T.. p.
Woodbury., and l.. A Woodbury. as
surety. in chancery, to recover 5000.
This Is thc-amount Of the bond filed by
the Woodburys to insure Mr. Powell
against any damage that might accrue
to him from their action in restraining
him By injunction from selling at public
auction the Hotel burlington property
last March. Powell Powell
and V. 4. Billiard are the at
torneys arrayed on one side and
Brown & Hopkins, presumably. on the
other. Some dust will he kicked Zip when
they get together in court.
l.. P. Woodbury. was interviewed, or
rather he wasn't by Free
Press reporter. He said he didn't have
anything to say. and stuck to 1t. He adj
mitted, however, that the writs had been
served. but Sheriff Allen admitted that
AM so did Mr.. Powell.
The plea in the first action goes over
the whole ground. back to May S. 1909
the day when G. NJ. Delaney quit
claimed the Hotel Burlington propert,
to MIR Powell as trustee, Mr.. Delane,
being at that time possessed of sad
property in fee simple. On the 11tt
Of September in the same year 1t 1.
further alleged that Mr.. Delaney ex.
ecutcd to Mr.. Powell an agreement b!
the terms of which the latter hat
complete control OF the Hotel Burling
ton property. to manage and determine
upon the sale Of the same. This was
IN consideration OF $1,000 advanced b,
Mr. Powell to apply on the payment
Of the un secured Indebtedness Of Mr.
Delaney.
on the 10th day of May, 1909, Mr.
Powell took possession OF the hote
and had complete control OF It, Will
the exception of the bar, down t.
January s. 1910. when the propert
was partially destroyed by fire. Ais
Mr.. Powell says that soon after tn
fire lie took steps to form a compan
TO build ii new hotel on the old sit
and that he agreed to pay at leas
$4,000 for the property as soon r.
the title could be arranged. To tina
end he advertised the property to b.
sold at auction on March 26 1910.
Prior to the date of the auction tn
defendants, G. l.. and f. +. Woodbur!
knowing, a Mr.. Powell says. that h
was planning hotel to compete wit
the Van Ness House and "craftil