Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-05-24
$4,000 LAWSUIT
OVER HOTEL DEAL
Wilmington Mar Charged with
Taking Lions Share
McCraw Thinks He is Victim Of Hioh
FInanciering-FeeIs that He Should
Have Recei ed More Funds,

Have Recei ed More Funds.
A legal document that reads like a
novel with a plot based on high finance
has been filed in the county clerks of
fee in a suit brought by William p. Nc
Craw of North Adams. Mass, against
Frank Allen of Wilmington to recover
damages of $4,000 in a hotel deal The
suit is brought through the law office
Of II. g. & F. f. Barber.
Mr.. McCraw sets up in his plea that
on April 10, 1911, Allen falsely and de,
ceitfully represented to him that a GER
tain hotel property known as "The Ger
ald,' situated in Fairfield, Me-, could
be bought for $4,000 and nothing less,
whereas, ''in truth and in fact" the
document reads, the property could be
bought for s16,50O. all of which. accord l.
ing to the plaintiff the defendant well
knew
The plaintiff AYERS that, relying on and
confiding in the representation made to
him by Allen, he entered into an agree
ment with Allen to buy the property for
their joint interest for $32, 900 and that
corporation was formed under the
laws OF Maine to take over the hotel
and to enable the plaintiff and defend
ant to engage in a general hotel busi-
ness under the name of the Gerald hotel
company, to be conducted by the de-
fendant.
Mr.. McCraw states in the document
that Allen bought the property for their
Joint interest for $16,500 and that il was
decided to the Gerald hotel company by
one George NJ. Bemis as agent for the
Watervlle Trust company of Maine: |:
that thereafter Allen negotiated loan
or $4,000 from the Brattleboro Trust
company, giving as security a mortgage
on the hotel for $4,000, executed in the
name of the Gerald Hotel company. Nc
Craw says he endorsed the mortgage
note, also that he advanced to Allen
$4,000, or his half of the $4,000 needed
above the $4,000 loan to make up the
SS2,Ooo to be paid for the hotel
According to the plaintiff Allen put
no money whatever into the purchase of
the hotel property, but endorsed the
mortgage note and received the $4,000
paying out of it s16,500 for the hotel and
retaining $500, the balance of the loan
McCraw says he never has received any
part of the $500.
In another count McCraw AYERS that
on Oct l. 1911, the defendant further
intending to cheat and defraud said
plaintiff" induced the plaintiff to Join
with him in a sale of the hotel and
that it was then and there sold to one
+. II. Hoar. customer found by Allen,
under the terms of which, according to
the plea, 1Hoar assumed the mortgage
of $4,000 sna paid $1,000 in addition. He
says that negotiations for the sale were
conducted wholly by Allen, that the lat
ter received the $1,000 and still retains 1t
and that the plaintiff never received any
part of ii.
BY reason of the alleged deceit and
fraud McCraw says he was deprived Of
the benefits and advantages which he
otherwise would have derived from the
purchase and has been damnified in
other ways, all to the amount of $4,000
which he seeks to recover with costs
Mr.. McCraw is a North Adams busi-
ness man and Mr.. Allen is a hotel man
of wide experience. The suit is return.
able at the September term of the
Windham county court at Newfane. The
papers were served by Deputy Sheriff
Clifford E. Mann.