davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-06-21
Adjustment Required

If the allegations Of the bill are
true, and of course they must be
admitted as true for the sake Of
this motion, what the deceased
did during his lifetime was to
draw out from the business, and
spend, more than all or part Of
his interest therein, which he had
a perfect right to do, for to carry
the plaintiffs contention To its
logical conclusion would be to
hold that a person being a joint
equal owner with another of GER
tain negotiable bonds, could not
after having made a will bequeath-
ing his interest in said bonds, sell
all of said bonds, and spend the
money, without his executors be-
ing obligated to repurchase SINH
lar bonds, so that they would be
available for the beneficiary un-
der the will. Surely such a con-
tention cannot be supported by
any authorities.
The case Of Mccormick Ap-
The Washington times., 1934-06-21
Accounting Needed

AS to the plaintiffs theory that
the total amount withdrawn by
the deceased from the partnership
is a debt of his estate to the part
nerShip it is contended that the
amount so withdrawn is merely
an item to be considered in the
final accounting of the partner
ship. In this connection, in the
case of Hoover v. Bowers, supra.
the court quotes with approval
the following from Section 348A
of Story on Partnership:
'If any partner has made ad-
vances to the firm and others
have received advances from it,
these do not constitute debts
strictly speaking until the con-
Germ is wound up, but only as
items in the account between
the partners"
In the case of Bradley v. Foley
ct al, SO Pacific 461, SO Kansas
478, the testator, by the sixth
clause of his will, bequeathed "his
interest in the goods and store
building of Walsh & Brady" to
certain legatees. The indebted
ness Of the firm exceeded the
credits. The question was wheth'
er teStator's share Of the partner
ship debts was payable from his
separate estate. The court said:
'The teStatOr could not give
any specific article Of firm prop
erty for he had no absolute title
to any particular part Of it. 1t
was all subject to the payment
Of partnership debts and then
to an adjustment Of the interest
Of the partners. 1t was the
duty Of the surviving partner to
have applied the partnership
money on hand at the time Of
the death of the testatOr and
also all claims collected on notes
and accounts to the payment Of
the partnership debts, and to
pay the deficiency out Of the
proceeds Of the partnership
goods. Whatever remained was
subject to division and the pOr-
ton belonging to the testatOr's
estete passed to the beneficlaries
under the sixth clause Of the
wi1."
Further on, the court said:
"The particular property was
primarily liable for partnership
debts and the beneficiaries un-
der the sixth clause had no right
to have the testatOr's individual
property applied to the payment
Of partnership debts"
After hearing, Mr.. Justice Jen-
nings Bailey granted the motion
and dismissed the bill Of com
plant.
The plaintiff was represented
by Simons, Koenigsberger &
Young, while the defendants ap-
peared through william E. Kelly
and p. J. J. NicolaideA -
The Washington times., 1934-06-21
SCAN
D. c. CODE FOR
WEAK SPOTS

An energetic group Of lawyers
will spend a considerable portion
Of the Sur1mer recess studying
the Code Of the District of Co
lumbia for weak spots which re-
quire. revisions.
William s. Torbert is chairman
Of the Code Revision Committee,
recently named by Bar Associa-
ton President F. Regis Noel. Ed.
win A. Moores is vice chairman
and Benjamin Topper, secretary.
The working members of the
committee are Arthur G.. Bishop,
George c. Gertman, Frank S.
Smith, Paul D. P. Spearman, Ed
win A. Swingle and j. Thomas
Taylor.
The committee will appreciate
it If attorneys who have had ex.
perience indicating that improve
mentS in certain sections Of the
Code could be advantageously
made, will communicate with the
committee and aid it in its task.
Edward F. Colladay was a prom
inent guest Of the Washington
Real Estate Board at its midsum-
mer outing Tuesday. He appeared
to be a bit lonesome for awhile,
since Rojer J. Whiteford, general
counsel for the Board was neces-
Sarily absent, but before he knew
it Mr.. Colladay found himself hav-
ing a real good time so he stayed
until the party broke up.
Furtiveness must be second ma
ture with j. Edgar Hoover and
this characteristic turned a neat
joke on the writer recently.
Standing in front of the South
ern Building listening to one Of
Bernard Nordlinger's best jokes,
Mr.. Hoover and one of his crack
operatives were seen furtively
Fastening into the building.
The Washington times., 1934-06-21
BOUNDARY ROW
HEARING SET

Hearings on the long drawn
out boundary dispute between the
District Of Columbia and the
State Of Virginia will start here
July 16, it was decided at q con-
ference today.
Representatives Of the District.
Virginia and the Federal Govern
ment met with the Boundary
Commission which was author
lied by Congress, in the offices
Of the National Capital Park and
Planning Commission to perfect
details Of the hearings.
It was decided that the District
should present its case first, and
residents Of Arlington county,
whose property will be affected
under the proposed change were
invited to appear and be heard
August /.
Virginia will then present its
case, to be followed by rebuttal.
Those attending the meeting
today were former Governor
Charles H. Bough Of Arkansas,
chairman Of the commission, and
the other two members, William
Cloth and Malcolm S. McConihe;
Judge G. A. Iverson, special as
sistant to the Attorney General:
Henry H. Classic; Alexander H.
Bell, jr., special assistant to the
District Attorney: Walter L.
Fowler, assistant to the Corpora
ton Counsel, and Attorney Gen.
eral A. P. Staples Of Virginia.
The Washington times., 1934-06-21
HEALTH CAMP
SEEkSFUNDS

Funds to care for an increased
number of tubercular children in
the health camp of the District
tuberculosis Association were
asked today in an appeal sent out
by Mrs. Ernest R. Grant, execu-
tive secretary.
Mrs. Grant declared that, be-
cause of the large number of chill
dren admitted this summer, the
funds from the sale of Christmas
seals last December will be in
sufficient.
Yesterday Mrs. Grant. accom-
panied by Superintendent OF
Schools DR.. Frank w. Ballou, in
spected Allison School, adjacent
the health camp. The school will
be used by the camp during the
summer.
The Washington times., 1934-06-21

I. F any partner has received
0dO0nces from a firm, such 3D.
Vdnces do not constitute debts
strictly speaking until the con-
Germ is Mound up, but are only
items in the account betwesn the
partners.
2. A test0tOr can not giOs any
specific article Of firm property
as he has no absolute title to
any particular part of it. It is
all subject to the payment of
partnership debts and then to an
Gdjustment of the interest Of
the partners.
June 20, 1884.
The case Of Davidson VS.. Gatti
ct al, Equity No. 55959, came on
for hearing before Mr.. Justice
Bailey on a motion to dismiss the
amended bill, the original bill
having been heretofore dismissed
by Justice O'Donoghue.
The allegations in the bill Of
complaint which, for the purposes
of this motion, must be admitted
as true, present the following
situation:
That for a number of years
prior to December 10, 1881, G..
Milton Thomas and Frank Slye
were engaged as equal partners
in the florist business in the Dis
trict Of Columbia under the name
of Thomas & Slye, and said part
nership continued down to De-
cember 10, 1881, at which time
the partner G.. Milton Thomas
died testate, leaving a last will
and testament dated October z,
1881, which will was duly ad,
mitted to probate and record by
this court on January 81, 1882,
letters testamentary having been
granted to the defendants Sera-
phin A. Gatti and William H.
Hutcherson.
The Washington times., 1934-06-21
Ask Repayment

From the foregoing facts, the
plaintiff contended that by virtue
of the clause in the will, herein
before quoted, it is incumbent
upon these defendants as execu-
tors to pay into the partnership
$18,522.14, the money which the
deceased withdrew and spent dur
ing his lifetime.
BY the terms of the will of the
deceased, plaintiff was left one
half of such interest as the de-
ceased might have in said part
nership at the time of his death,
which interest is to be determined
by proper liquidation Of said part
nership by the surviving partner.
It is hard to understand upon
what theory the plaintiff can con-
tend that the deceased partner
did not have a right, during his
lifetime, to spend and dispose Of
anything that he might have
owned, even if by doing so he
entirely wiped out some beQueStS
that he may have made by way
of a will.
During the lifetime Of the de-
ceased, his interest in said partner
ship business changed from day
to day and up to the time Of his
death he had a perfect right to do
with that interest as he saw fit.
What the plaintiff Is really
claiming in this suit is that. by
virtue Of the will Of q. Milton
Thomas, she is entitled to receive
from his estate, not what was q
part of his estate at the time Of
his death, but money which he
spent during his lifetime.
The Washington times., 1934-06-21
Partners Debts to His Firm
Subject of Court Ruling

peal-Hayes Estate, 65 Pa. 252,
while not exactly in point, we be-
lieve sheds some light on the ques'
ton involved herein. In that case
Mccormick and Hayes were part
ners for o number Of years. Hayes
died, at which time he had with
drawn from the partnership the
sum Of $4,000, which was carried
on the books as debt due from
him to the partnership, and Nc
Cormick had withdrawn the sum
Of $1,000. Both Hayes and Nc
Cormick were individually insolv'
ent, as was also the firm. The
matters involved in the case had
to do with the respective debts
of the firm and the individuals
The Court, in its opinion, states
as follows:
"But what is the separate
debt which Hayes owed to
Hayes and Mccormick? The
plaintiff in error claims It to
be the whole sum of $17, 1000 ap-
pearing on the books Of the
firm against Hayes, while Nc
COrmick, the other partner, was
indebted to the firm $1,000.
We cannot admit this. 1t is the
balance only which Hayes
owed on an adjustment Of
account between the partners.
Each partner, by taking out the
effects Of the firm, becomes
debtor to his partner and him
self who constitute the firm.
What he thus takes is with
drawn from the firm and he is
only liable to account for 1t to
his partner, who must do equity
before he can receive it. And
thus an adjustment of the part
nership affairs between them
is necessary to determine the
balance either way. 1t is only
this balance which, in case Of
insolvency, would belong to the
creditors Of the firm. The
argument that where the firm
is insoIvent the whole debt Of
each of the partners, as 1t ap-
pears upon the books, may be
collected for the benefit Of the
partnership creditors Is founded
in misconceptions"
The interest Of a deceased or
withdrawing partner in q partner
ship is the net interest after set
tlement of partnership liabilities
and the adjustment Of accounts
between the partners. In the case
of Hoover v. Bowers, 1435 S. E. 698-
146 Va. "a, it was decided that
it is only the net interest that
goes to a legatee or to the estate
of the deceased, and in this con,
nection the court said:
"UpOn a dissolution Of a part
nerShip by the death of one of
its members, the surviving part
ners hold its assets in trust to
collect debts due the firm, settle
its liabilities, adjust the &C
counts between the surviving
partners and the deceased part
ner and ascertain the net value
of the interest of each partner
in the partnership. In making
this adjustment, each partner is
chargeabIe with all claims for
which he is liable to the partner
ship. Until the trust has thus
been executed, the interest of
the deceased partner therein
remains a part of the social as
sets of the firm. Only the net
value of his interest when so
ascertained became q part Of his
separate assets"
The Washington times., 1934-06-21

squadron from the U. S. Marine
Corps, Quantico, will be staged,
and then an aerial bombing at
tack on target by flight Of
planes from the 29th Division
Aviation, Maryland National
Guard.
The five final events Of Satur.
day are among the most attrac-
tive of the whole regatta and
celebration. The five are: A street
parade of Army, Navy and other
military units through the prin-
cipal thoroughfareS Of Baltimore;
the State banquet at the Lord
Baltimore Hotel, a formal affair:
the Tercentenary Ball, formal;
dance at the yacht club, informal;
and a massed band concert at Fort
McHenry.
Lots Of Races
Among Saturdays races are the
following:
Cruising yacht race, handicap;
outboards, Class A, Division !,
first heat; Glass B canoes, second
heat; 20.foot sailer class, and
under: special sailing events for
racing yachts; Snipe Class, Sec
ond heat; outboardS, Class A,
Division /, second heat; canvas
canoes, Class c, second heat;
Chesapeake Bay log canoes; out
boards, Class B, Division l, first
heat; sailing star boats.
Outboards, Class B, Division !,
second heat; outboards, Class c,
Division /, first heat; free-for all
sailing canoes; free-for-au sailing
yachts; seven outboards of va
1ious classes and heats; four-oared
shells, rowing; unlimited motor
boats; 145-lb. eight-oared shells,
rowing; 145-lb. double SOULS;
quadrupled sculls; senior eight
cared shells; championship single
sculls; Gold Cups Class; Interna-
tional life-boat rowing.
Awarding of prizes will take
place late Saturday afternoon;
there will be water pageant, at
night, with illumination and
everything, and, there will be
drills by fireboatS, bombing at
tacks by Marine aviatorS from
Quantico; a bombardment of Fort
McHenry by planes, and gigan-
tic display Of fireworks, also at
Fort McHenry.
A Big Sunday
Sundays program opens with q
formation flying demonstration
by Twenty-ninth Division, Mary
land National Guard aviatorS.
Then follow sailing races, power
boat racing and rowing races-22
of 'em in all. The feature rowing
events are for single sculls, four
cared shells, 145-lb. eightoared
shells, 145-lb. double Sculls, cham
pionship single SOULS, quadruple
sculls, senior eightoared shells
and international life boats.
The third and last heat of the
National Championship, 225 cubic
inch class of hydroplanes will
take place late in the afternoon,
and will be followed by senior
eight-oared shells and the second
and last heat Of the Gold Cup
class of powerboats.
One of the unique features Of
the three days will be staged late
Sunday. It is a Marine Corps
bombing attack by airplanes, on
a speedboat, with Marine aviatorS
using flour bags as bombs. This
is colorful event, and shows
spectators just about how aerial
bombs burst when they strike
their targets.
An illuminated water pageant,
a band concert, a drill by fire.
boats, another bombardment Of
Fort McHenry and a display OF
fireworks at Fort McHenry, will
close the mammoth three-day re"
gatta and celebration.
The Washington times., 1934-06-21
Holdings Bequeathed

That said will provided among
other things that Cassie Davidson
(the plaintiff herein) was be-
queathed a one-half interest Of
the deceased in said business, the
exact wording of the will being
as follows:
81 give and bcqueath unto
Miss Cassie Davidson, who is
now employed by me, the re-
manning One-half part of my
interest in the florist business
conducted under the name of
Thomas & Slye, and located in
the New Center Market, Fifth
and L Streets N. w., absolutely
and forever"
Thereafter it was ascertained
that during the life of said G..
Milton Thomas, between the
period of February "a, 1927, and
December 16, 1881, he had with
drawn from the partnership bust
ness, for his own personal use,
the sum Of approximately $18,-
522.14, which was not withdrawn
or paid to the said Thomas as
salary or as distribution Of the
profits of the business.
That Frank Slye, the surviving
partner, has not made any claim
against the estate of G. Milton
Thomas for the said sum of $18,-
522.14 or any part thereof, but
that in his own right has filed
a bill in equity for an accounting,
claiming the sum of $9,261.07, be-
ing one-half of the sum claimed
to have been improperly with
drawn by the deceased G. Milton
Thomas during his lifetime.
The Washington times., 1934-06-21
WANNAN TOPS
LEGION GOLF

j. r. Wannan is the medaliSt
of the second semi-annual handi"
cap tournament Of Fort Stevens
Post No. 80, American Legion,
having defeated George Houff,
the cup-holder, with a medal
score Of IS.
His handicap was II, giving him
a net SO. Lamont Beeber took
second honors in medal play with
a 80. Ray Dillon took the Blind
Bogie.
Some of the leaders:
The Washington times., 1934-06-21
Musician to Play
Carlton BY Wire

Automatic telegraphy, that mir
acle Of modern highspeed trans
mission of messages, will be given
q new task tonight when Edward
P. Kimball, Washington organist
and cari1lonier, uses one Of the
telegraph-typewriter sets to play
the ]. c. Deagan carlton at the
Century Of Progress in Chicago.
The playing will be done on
the keyboard Of q machine in
the operating room Of the West
ern Union at Fourteenth and q
Streets Northwest, at 9:15 o'clock.
The Washington times., 1934-06-21
Heart Attack Kills
COnDicted Banker

JOHNSTOWN, Pa, June II
TNSD-Convicted last week OF
violating the State banking law,
David Barry, brother-in-law OF
Charles M. Schwab, and former
PRESIDENT of the First National
Bank and the Title Trust and
Guarantee Company, both closed.
died suddenly here today. Death
of the 6s-year-old banker, await
ing sentence on four charges Of
violating the banking law, fol-
bowed q heart attack.
The Washington times., 1934-06-21
Legion Post Lists
SOftbaW Contest

Sports! Athletic events! Any
thing to keep active every mo-
ment. That's the apparent aim
Of Victory Post, of the American
Legion.
Their latest will be Modified
Baseball Came" at Griffith Sta
dium, on Thursday, June %, at
1880 o'clock, for the benefit of the
Drum and Bugle Corps.
Miss Monica Redell is handing
the ticket arrangements in Room
410, Bond Building.
The Washington times., 1934-06-21
Some of the leaders:
Fifth Precinct Boxer
CAPTURES TLUO Bouts

Joe Petio, Fifth Precinct Boys
Club boxer, is being congratulated
today for his feat in winning
two matches from Oxon Hill Boys
Club opponents.
The clubs tied, each taking
three bouts. In a special wreS-
ting match, John Cavallano, Of
No. 5, threw Lester Cox, Of Oxon
Hill, in seven minutes. Both mat
men weighed 145 pounds.
The Washington times., 1934-06-21
MATE RUNS OUT
+. IN ASCOT RACE

ASCOT, England, June 81
G.N.SJ.-Heading a field of 10,
Felicitation, owned by the Aga
Khan, won the Ascot gold cup
here today.
Thor II was second and Hy-
perion third.
Felicitation paid 9 to 2; Thor II,
100 to z, and Hyperion, to II.
Mate, the American-bred horse
which was ranked third among
the favoriteS in the betting, failed
to place. Hyperion, owned BY
Lord Derby, was the betting
2avorite.
King George and Queen Mary
were present. The customary
royal procession, one of the feS-
lures Of the event, was cancelled
because Of rain.
The Washington times., 1934-06-21

de for the
w a S h i n 6 ton
area have been
placed in circu-
lation by H. w.
Kellam, secre-
tary of the
committee.
T h e code
naturally dove
tails with t h e
basic code t o r
the CO nstruc-
tion industry
and with the
de Of fair
practices for
IT, a~tira in
The Washington times., 1934-06-21

GI1G NL1b4IC AL
dustry, and it's Rule 8 warns
that Competitive Bidding Prac-
tices of Article 7 of Chapter /,
Of the Construction Code and
Trade Practice Regulations of
Article 4, Chapter 6 of the Elec-
| trical Contractors Code' will be
rigidly enforced"
Briefly the regulations set up
the main branch of the Hamilton
National Bank as a bid depository.
All bidders on any job exceeding
$50 will file sealed copies of their
bids with the depository subject to
further operation of the governing
rules.
owners in the corresponding po-
sition of awarding authority must
agree to comply with the regula-
tions provided in the code and the
committee will open all bids and
accept the registration of success
full bidders.
It has not yet been decided Just
how far the code will extend ex-
emptionS in the Land Developers
Industry, but definite word will be
forthcoming in that connection
within the next week, it is said.
Unconfirmed but very definite
reports yesterday state that one Of
the daily newspapers Of this city
is about to move into larger quar-
ters.
The reports further state that
the new location will be in a large,
modern building, already con-
structed, which was specially de-
signed for a printing plant. OF
course the reports refer to the
Printcraft Building on H st. N. w. =,
but because Of the apparent ab-
sence of brokers from the negotia-
tions, details of the transaction
are not available.
"The Song Is Ended, but the
Melody Lingers On" That prob
ably is the queer sound lots of
realtors felt drumming in their
ears all day yesterday.
One principal event of the day
was not reported in any news
paper-referring, of course, to the
domino tournament" that took
place in the clubhouse until the
wee small hours Of the night.
No one has been able to find
the winner, and he declines to re-
veal himself. But it was reported
that Garfield Kass and James
Salkeld, with Pennsylvania Rail
roads Clifford Nettleton, are 60
ing to throw a party for those who
stayed late and went home in a
regretful mood.
A lone accordion player formed
the center Of a group Of ballad
singers as the moon rose over the
pine tops and the pay-off came
yesterday morning when Elton
Young entered the Shannon-Luchs
office and approached boss Her
bert Shannon near the telephone
switchboard.
Placing his arm about Mr..
Shannon's shoulders, Elton leaned
toward the switchboard operator
and said:
''NOw play Sweet Adeline'
and we will put the harmony
to it,"
The Washington times., 1934-06-21
FAUNCE-PRAY
SURVIVE
IN GOLF
BY HARRY COSTELLO

Tomorrow'S final match for the
District women'S golf champion
ship, at the Columbia Country
Club, will be an all-Manor Club
affair.
The contenders for the It'll ill
be Miss Winifred Faunce, UJnsiS-
tent favorite since the tournament
began on Monday, and Mrs. L. G..
Pray, dark horse" Of the tourney.
Miss Faunce today won her way
into the final by winning over
Mrs. Jack Scott, of Congressional,
8 up and 2 to play.
> Mrs. Pray moved into the final
by way Of a victory scored today
at the expense Of Mrs. Roland
Mackenzie, of Congressional. The
count on this match was also 3
and 2.
Mrs. Scott today furnished
sturdier opposition to Miss Faunce
than the latter has had since the
tourney began.
Mrs. Pray once again came
through with an excellent match
play game to conquer Mrs. Mac
kenzie.
Miss Faunce Victor
In arriving at the final, Miss
Faunce in the first round of
match play defeated Mrs. Don
Scott, Indian Spring, 5 up and 4
to play, and in the second round
won by the same score over Mrs.
Harry A. Knox, of Columbia, while
Mrs. Pray first defeated Mrs.
Betty Palmer Meckley, Indian
Spring, 3 and 2, and then went
on to conquer Mrs. Ora Emge, Of
Beaver Dam, / up, 20 holes.
Cards Of the players in today's
SemifinalS: