Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1918-11-22
SEEKS TO GUST
LOCAL MERCHANT
Continued from First Pagc.l
should not enter a defense to the
judgment against them.
ChnpI. Not CaShn1

should not enter a defense to the
judgment against them.
Check Not Cashcd
1t was stated in the petition to
the court that the Holman Haeseler
Company received a notice a few
weeks ago from the Bergner estate,
announcing that the entire building
had been taken over by the New
York Company and that in the fu-
ture payments of rent according to
terms of leases should be made to
the Schultz firm.
November 2 the Holman -Haeseler
Company sent a check for $175 to
the Schultz Company. No receipt
was returned and as yet the con-
celled check has not been sent back
through the banks.
Sheriff Asllc Bond
A few days later judgment was
entered against the local firm for
not complying with the terms of the
lease, and a writ of possession was
issued to be put into effect by the
sheriff. At the sheriff's office at
torneys for the New York firm We're
notified that the writ would not be
served and the store closed IS
the sheriff was given an ind v
ing bond of S15, 1000 by the tie
firm. The lawyers then toiu the
sheriff not to serve the wit and
take the premises until they con-
suited their client.
Pay Second Time
At the same time the sheriff was
paid by attorneys for the Harris
burg store the rent for November
and all costs-making the second
payment of the rent for this month.
Even with this money in the hands
of the sheriff the New York store
refused to satisfy the judgment
which had been entered.
1t was also brought out that the
Schultz Company through its agents
notified the local store that the
Judgment would be satisfied and the
writ stopped if the five-year option
clause in the lease was waived. This
the Holman-Haeseler Company re-
fused to do and notified the attor-
neys that a petition would be pre-
sented to court asking that the writ
should be stayed unless the judg-
ment was satisfied this morning.
The Court mtcrvcncs
Judge Kunkel as soon as these
facts were laid before him imme-
.diately ordered the proceedings to
get possession of the premises stay
ed and now lawyers for the Schultz
firm have ten days to file an answer
to show why the Harrisburg busi-
nessmen should not be permitted to
enter a defense and settle the action
in court.
Othr businessmen in the city were
highly indignant when they learn
ed of the procedure and the methods
used by the New York firm against
the local store which has been es-
tablished at 22S Market street for
about four years Some of them
declared that 1t was being done to
get possession of the storeroom so
that the Schultz Company could
open cigar store there in compe-
tition to George w. Kochenour, who
has a stand at Third and Market
streets, in the Bergner building, and
whose lease runs for more than three
years.
George +. Lumb, as attorney for
Holman -Haeseler Company, present.
ed the petition to-day. 1t was stat
ed in legal circles that only on one
or two occasions in recent years,
have similar writs of possession been
issued
The lease held by the Holman
store ends March 81, next year, but
carried a clause which will permit
him to retain the premises for an
additional five years under new
lease.