Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-07-26
NEW YORK FIRM
STARTS SUIT To
END LITIGATION
Files Action Against Journal
Owner Over Old Account;
Defendant Urged That Suit
Be Brought.

The United States and Cuban al
lied works of New York, through
its receivers. has brought an action
against Carl C. Magee, publisher OF
the Journal, for the sum OF
$1,437.31. This action is for serv-,
ices alleged to have peen rendered
during 191S-1919 for the defendant,
under a contract to furnish expert
technical aid in working out oe-
vice to separate gasoline" gases
from "dry' gases. Only those
familiar with the oil country Will
understand what Is meant. The
plaintiff alleges that the services
were rendered and accordingly asks
judgment.
The controversy over this account
has been going on for nearly two
years, according to the defendant
Mr.. Magee contends that the con.
tract was obtained by the plaintirl
by disappearing itself as expert
in the solving of all kinds OF CEN
trifugal problems, when such was
not the case. He asserts that no ex-
pert services were furnished, that
no diligent effort was made to
carry out the contract; that the
plaintiff was in financial trouble
and about to go into the hands OF q
receiver (Which it later did) ana
was financially unable to carry out
its agreement; that the defendant
himself furnished the only expert
help had, which was accepted by
the plaintiff and was proper set
off against any claim the plaintiff
might have; that the items charged
to him were fictitious and unreal
and that the plaintiff is actually IN
debt to him both on account and IN
damages for its failure to carry out
It's contract in good faith.
To adjudicate this controversy
the suit was brought.
Mr.. Magee last night made the
following statement:
1.-THE only thing which looks sin
lister about this matter is the time
of filing the suit. Six months ago
told the attorneys representing the
plaintiff that l denied the validity
Of this claim and asked them 10
sue me and allow a jury to pass on
II. They said they would notify
their client to that effect. l have
heard nothing from the matter for
MANY months. The service of the
papers on me this morning was the
first intlmation I have had that the
suit was to be brought at this time.
"I have long desired a suit to
settle this matter. / know that the
charges for services are exorbitant
and unjust I am sure that a jury
will allow the set-offs and counter
claims. If the jury thinks other
wise, it will be time enough to pay
claim which I think outrageous.
"Just why the suit was filed at
so critical a juncture in my af-
fairs, calculated TO create the pub
lie impression that I do not meet
my obligations, is unfair. Had the
suit been brought a month earlier
or a month later, it would have
been harmless. The matter has
been in controversy for two years.
A rather significant moment was
selected to file the case.
IT shall make answer in a Few
days and await the verdict of q
Jury, In q few months we will
know what twelve unbiased men
think of the righteousness of the
matter.
81 merely declined to be coerced
by the threat of publicity, into
paying something I do not owe. AS
said before, there is nothing I'M
usual in the matter except in the
moment chosen to bring the
action"