Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-26
COURT APPROVES
WOMAN'S CLAIM
Vice-ChanceIlor Criticises Law
yer for Getting Mrs. Tom
to Sell Property.

Vice Chancellor Emery has handed
down a decree which establishes lien
of $500 In favor of Mrs. Johanna c.
Tom on her former home at "a Peat
street. On the sale of this plot the
woman was cheated to the extent OF
nearly $1,000, 1t was alleged.
In his decision the court lays par
tioular stress on the part played by
Attorney Clarence Wander Blatt, who
represented the purchaser, named as
defendant in the suit brought by Mrs.
Tom. The latter is seventy-five years
old, and the e-chancellor points out
that it was Blatts duty to protect
this helpless old woman, instead of
drawing the documents on which she
gave up title TO her home for $50. The
agreed price was $500.
The defendant, Alex Pier, of Six
teenth avenue, produced an alleged
receipt for $1,000 in cash, which he
promised to pay the aged woman at
the time tho agreement was drawn
up by Blatt On this point the vice
chancellor says:
1.-THE defendant produces a receipt
for this sum of money. signed by the
complainant, but undated, and the
circumstances attending the delivery
of the deed, and also the alleged pay
ment of this sum Of money to the
complainant, are such as to make the
general rule of putting on the de-
PENDANT the burden of proof specially
and emphatically applicable,
Complainant Is an old woman,
nearly seventy-fiVe years of age, an
invalid and q German, who speaks
very little English, and cannot read
or write the English language"
Vice-Chaneellor Emery also calls
attention to the contradictory evil
dence given by Attorney Blatt when
he was called as a witness in the case
last month. On direct examination
Mr.. Blatt declared he negotiated the
deal for his client, Pier. and that he
asked Mrs, Tom If the 81, 500 cash
payment instead of a first mortgage
was agreeable to her. The lawyer
stated that Mrs. Tom declared her
self in favor of having the sum paid
in cash or bills.
On Cross examination Blatt stated
that his client told him that he had
paid Mrs. Tom $1.500 in cash and the
deed was then passed through the
legal authority held by Blatt. The
latter was admitted to the New Jer-
sey bar but q short time before he
put through the Tonn-Pier deal.
Further questioning brought from
Blatt the statement that Mrs. Tom
did not say anything about the ST.
500 cash payment to him, as far as he
could remember.
The court also states that 1t was the
duty of Blatt to protect the interests
of the aged woman, as well as his
client. "These admitted facts in the
CASE continues the court, ''show
that by the action of the defendant
and his attorney. it occurred that the
title was actually secured for this
property without payment or security
of any kind for the unpaid purchase
money, or any evidence to show that
the purchase money was unpaid and
that this condition continued until the
middle OF February, 1913 The attor-
ney seems, according to his account,
to have had no further connection
with the matter whatever of paying
or securing the amount.
There was a clear violation of the
duty on his part to protect the inter-
est of this old woman, on taking the
title to her property from her, and
InlS WHOle Slludtipii WlhSh
from the time of receiving the deed
up to the time of the alleged payment
in February, shows the business adj
vantage that was taken of her and
imposes on the defendant the burden
of proving by testimony other than
his own that this money was paid.
ut should be further stated that
the provision in the agreement drawn
by the attorney, by which complain
ant was to remain on the property
during her life, was omitted from the
deed"
The vice-chancellor concludes with
the announcement that he VIII ad-
,,isa decree i'm favor of the COM
nleinant. Mrs. Tom will also se-
cure interest on the $500 which she
sued for. The decree will be settled
on December 30 next.
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