New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
KEPT AGREEMENT TO PAY
10 PER CENT OF MONEY.

"2i. The said John a. Connolly stated
TO said Cohalan at the time said pay
ment Of $50 s. was made and accepted
that the same was paid In accordance
with the agreement made in May 1904. 90
the effect that 10 per cent Of the moneys
collected from the city on orders received
from the Department OF Water supply.
Gas and Electricity were TO be paid to
some unknown person.
''25 Said Cohalan subsequently informed
said John \. Connolly that the arrange
ment previously made in regard to the
payment Of 10 per cent Of the gross
amount collected upon orders received
from the said department Of Water sup
ply. Gas and Electricity would not be
carried out and the sum Of SO 5J paid
as alleged in paragraph . hereof was
thereupon charged on account Of the
moneys due % said Cohalan pursuant to
the arrangement whereby he was TO re-
ceive 80 per cent OF the net profits made
by the Victor Heating Company upon the
orders which were received by 1t from
the various departments OF the City Of
New York by reason OF his influence.
''2s. The Victor Heating Company. IA
January. 1909. made a demand upon said
Cohalan for the return TO II Of the mon
eys, aggregating $3.50 80. which had beer
paid to him, as herenbefore set forth.
The demand was not complied with. and
the company then placed the claim in
the hands OF Alfred b. Cruikshank. an
attorney. for collection.
"27. The said Alfred p. Cruikshank,
acting as attorney for the Victor Heating
Company. thereafter demanded repay
ment OF the said sum Of s.. 80 30 from said
Cohalan who thereupOn refused to pay
the same.
''2s. An action was then instituted in
the Supreme Court New York County,
In behalf Of the Victor Heating Company.
against said cohalan 10 recover the said
sum OF $3.50 30 with interest. The veri-
fed complaint in said action which was
served upon said Cohalan contained allie
cations which, In substance stated that
the said amount was due to the plaintin
for moneys had and received by the de-
PENDANT and said complaint also con-
tanned allegations as 10 the circumstances
under which the said moneys were had
and received.
~. NcBOtlduOnS were entered INTO ne
tween said Cohalan and the attorney for
the plaintiff in said action looking tow
ard settlement Of the claim set forth
in the complaint therein. Said Cohalan
first offered 10 pay 1000, and subsequently
81 500 TO the plaintiff in settlement, which
offers were refused, and he finally agreed
to return, and did return. the entire sum
claimed. to wit, the sum Of $3.50 80, with
cut interest. and said sum was paid 10
the attorneys for the plaintiff in said
action on May q. 1909.
80. Said Cohalan. prior to his agree
ment TO pay the said sum OF $3.50 50, in
sisted and required as part of the terms
OF the settlement that the original veri-
fed complaint in said action should he
destroyed. together with all evidence Of
the transactions between said Cohalan
and the Victor Heating Company or its
representatives, hereinabove referred 10,
and further insisted and required that an
amended complaint be prepared verified
and served upon him in said action. in
which It should be alleged that the
moneys claimed TO be due had been pre-
viously loaned to the said Cohalan by
the plaintiff therein.
"31. A verified amended complaint, in