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CLARK & SANBORN
COUNSELORS AT LAW
Mutual Life Building
(Nassau, Cedar & Liberty Sts.)

Jefferson Clark
Edwin W. Sandborn

W1745 TO DR. CALVIN BROOKS MCQUESTEN From Clark & Sanborn
Apr 8 1885
To: Dr. Calvin Brooks McQuesten [New York City]
From: New York City, New York


Dr. C. B. McQuesten,
Dear Sir,

We write for the purpose of giving you more definite information in regard to the matter of the proceedings against Mr. Dunn--in case you find it necessary to sue him--At the time of commencing suit you would sign an affidavit to the effect that the property in question belongs to you and is wrongfully withheld by the defendant &c at the same time it is necessary to give a bond in a penalty of twice the value of the chattels with the sufficient sureties--Upon this bond and affidavit you would obtain a requisition addressed to the sheriff--or if the action is brought in a District Court, to a city marshall [sic]--directing him to take possession of the goods and hold them until the suit is decided. It is the sheriff fees for seizing and for stowing the chattel which makes such a suit expensive--The value of all the property in Mr. Dunn's possession here in New York, being, as we understand less than $250, the suit might be brought in a District Court where the expense would be somewhat less than in a Court of record--A District Court marshall's fees for seizing the goods &c would be about $10--

The disbursements necessary to commencing a suit in such Court would be $2, and it would be necessary in addition to pay a trial fee of $3.50 if the case were tried--

It seems from the postal card recd. from Dunn that he would not refuse to deliver any of the property except perhaps the models last constructed--

We would advise taking possession at once of all the models &c not in dispute--and demanding immediate delivery of all the other property--

It would be well to go to the shop prepared to take and carry away the goods--and proceed to do so unless permission is definitely refused by Dunn or by the person in charge of the place. Upon your recovering judgement against Dunn, the sheriff's fee and other disbursements would be added to the amt. of the judgement--but as we presume that a judgt. [sic] against him would not be collectible this would not be of much practical advantage--

Please let us know whether Dunn makes any new more today--

truly yours

Clark & Sanborn1


1 To read Dr. Calvin Brooks McQuesten's original letter to Mr. Sanborn, see W1734. For information and links concerning Dr. C.B. McQuesten's business with Mr. Dunn, see W1728.




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Copyright 2002 Whitehern Historic House and Garden
The development of this website was directed by Mary Anderson, Ph.D. and Janelle Baldwin, M.A.
Please direct questions and comments to Mary Anderson, Ph.D.


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