The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-09-17
WRIT Of ERROR AWARDED
IN FIGHT FOR PLANT FARM
Suit Against Nash & Stras Goes Back
to Norfolk Court for New
Trial.
NAVAL OFFICER PLAINTIFFS
ADMIRAL Dillingham;, Retired. and
Ills Brother Invest Money in Prin-
cess Anne County Venture Which
Lead to Present Litigation.

~ ITcSeDt
The Supreme Court OF Appeals has
awarded "a writ Of error and super
Hcdcas In the case of the Franklin
Plant Farm, Inc. vs.. T.. +. Nash and
II. r. Stras.
Tho case comes from the Circuit
Court Of the city of Norfolk, and grew
out Of &; tight for possession of a plant
farm. III which Admiral y. g. Dilling
liam. retired naval officer. and his
brother. Frank g. billing ham. a retired
capitalist. arc largely interested. The
DillinShaIns and the Franklin Plant
Farm. Inc. lost the action Of trcspass
they brought against Nash and Stras
when the suit was tried in Norfolk last
February.
STitAS AND NASH LEASE
PRINCESS ANNE FARM
Tho story Of uic struggle leading to
the lawsuit is an interesting one. In
February, 1912, Stras and Nash leased
To Franlt l;rnnton. "a horticulturist "a
tract Of nlncty-.i4ht acres in Princess
Anne County for a term OF five wears
II was agreed that the lessee migh,
purchase the land by paving 3 600
cash 1T amy time within the five years
Hruni"n established "a plant farm.
lie needed capital. ana Interested Nd
nirnl Dillingham; In tho venture The
admiral advanced him $1,000 on "a YER
bal promise that he should share in
III" profits or the farm. Shortly after
MHfu. Brunton asked for more capital.
he admiral induced Frank G. billing
nam. MS brother, 10 Invest additional
sums In August. 1912. Brunton told
the DillinghHius he must have more
money TO develop the farm. II was
thcn decided to Incorporate the venture
under tho name OF the Franklin Plant
Farin. Inc, and that tho lease hold in
tcrcst I'm tho real estate. should La
conveyed by Brunton TO the corpora
uon. THIS was done, and tho company
was incorporated with Il capital stock
OF 10000, OF which $1,000 was issued
L" Frank EruntVn aud $500 to each
OF the DillinShaina.
Hrunton was made president and
general manager; Frank Dillingham;.
vice-prcsident. and Admiral billing
nam, secretary and treasurer
DiLLINGHAMS REFER
LEASE To LAWYER
Moro none was needed for improve.
mchts. Brun;on explained Ifc wnY y,
STRANGER to the DilIinellaus ana thc,.
,tierrcd the lease OF the farm 10 :.
,dWFci. VINO told them that ii had not
p'cn signed by citchr the wife Of Nash
or the wife OF Straa. m. Dillinr
hims wcr" unwilling 10 have the farro
taken over by their corporation until
TINS was notified. The siEnaturcs we're
obtained after the Dilliugbama b,.I
purchased $1,000 worth or hotbcds
cash and other equipment from Nash
and Stra.
improvements TO the extent OF 500
600 were put on the farm. But work
ing capitaf' was needed aud the cor
p"raion borrowed $4,000 from tho. Nor
folk National IianIt in January 1914
giving decd OF trust on the farm
~ security.
internal friction between the adj
lnral and the president Of the corpora
uon developed after the deed OF trust
WAS executed. Admiral Dillingham;
charged that Bruntun Was Cooperating
me farm OF an c1travarant scaic and
attempting To spend excessive sums OF
money" He, therefore refused to adj.
vance any more cash As a result
when the note fcu due. MAJ lG isla
II was not paid. The bank instructed
me trustee 10 advertise the farm .or
sale and II was sold under the ham
mcr on july is
NASH AND STittS
TAKE POSSESSION OF FARM
While the controversy between Erun.
ton and the Dillinghams was going on.
however. Nash ana Stras stepped in and
took possession OF the plant farm
Thcy employed Brunton as their agent
to Keep Admiral Dillingham; OFF the
premises
The petition FOR the writ reads tina,
this forriblc possession was taken by
threats of violence Admiral Dilling-
ham was an elderly man. Brunton a
Young man and his physical superior.
/. 1911. Nash and Stras. after getting
possession, leased the farm at a higher
rental TO a Miss Slick. She engaged
Brunton as her manager ana proceeded
| TO operate the Farm for her benefit
The Franklin Plant Farm, Inc. then
brought the action of trcspass TO re-
cover damages. Nash and Stras
claimed that they had legal right TO
yc-cntcr because Bruntons original
Lease provided that he could not sub
| lease the farm without their written
i consent. and he had leased il to the
corporation without their consent. They
i also claimed that the execution OF the
decd OF trust to secure the $4,000 note
worked forfeiture OF the original
lease. ON these answers they defeated
the DillinGhamS in court.
ADMIRAL Dillingham; and his brother,
through their counsel. submitted 10 the
| supreme Court that the instructions
given to the jury were erroneous; that
the court erred in refusing the inStruc-
lions offered by the plaintiff. and that
the verdict of the jury was contrary TO
the law and evidence in the case.