|Title:||Male & Christie, Toronto, Canada, to John A. Peel, Armagh|
|Collection||Irish Emigration Database|
|File||male & christie/14|
|Sender||Male & Christie|
|Sender Occupation||solicitors, barristers|
|Origin||Toronto, Ontario, Canada|
|Source||D 889/7/1: Deposited by Messrs. Joshua Peel & Son, Solicitors, Armagh|
|Archive||The Public Record Office, N. Ireland|
|Log||Document added by LT, 27:08:99.|
|Transcript||MALE & CHRISTIE|
BARRISTERS, SOLICITORS, NOTARIES PUBLIC
601 Federal Building, 85 Richmond St. West
TORONTO 2, CANADA
Telephone ADelaide 1971
May 4th, 1936.
John A. Peel, Esq.,
Re: Mr. Joseph Steenson & House
no. 27 Gates Avenue, Toronto, Ontario
Dear Mr. Peel:
Your name has been given to me by Mr.
J. Thompson an official of The Ontario Hospital for
the Insane in this city. Mr. Thompson informs me
that you are acquainted with Mr. Joseph Steenson
whose address is Tannagh, Killylea, Co. Armagh,
N. Ireland. I believe that you know Mr. Steenson
through some Lodge activities in which you both are
interested and that his home is about four miles from
your office. The reason for my writing to you is as
I acted for Mr. Steenson in 1930 in
connection with securing a First Mortgage Loan to
him from my client Mr. H. C. Kesteven on Mr. Steenson's
house known as 27 Gates Avenue, Toronto. I put through
this First Mortgage matter and the Mortgage was signed
by both Mr. Steenson and Mrs. Steenson. I also acted
for Mr. Steenson in selling the property to a Mr. Hooper.
According to the terms of sale, Hooper assumed the Kesteven
First Mortgage and gave back to Mr. Steenson a Second
Mortgage for $1300.00. I understand that such Second
Mortgage has been reduced to about $700.00. Mr.
Steenson is, of course, still liable under the covenant
in the first Mortgage to see that same is paid.
As near as I can find out, domestic
difficulties arose between Mr. and Mrs. Hooper and they
separated. Hooper is a blacksmith and works at different
race tracks in Ontario and the United States.
Apparently, he left Mrs. Hooper in the house but did not
send her anything for her support and she finally had to
move out of the premises and I believe is now in service.
The Hoopers left the house in a very dilapidated condition
and my client, the First Mortgagee, has had to
spend a great deal of money in putting the house in a
habitable shape and he has also had to pay three years'
taxes and of course, the First Mortgage Interest is very
much in arrears. After a great deal of trouble, I
located Mr. Hooper and he came into the office and made
it quite plain that he was through with the property.
So far as I know, he is without assets. Last August,
I issued a Writ of Foreclosure and had it served upon
both of the Hoopers. I can, of course, make a Motion
for an Order allowing me to serve the Writ of Foreclosure
upon Mr. Steenson in Ireland and if this is done, of
course Mr. Steenson's Second Mortgage will be cut out and
he will receive nothing further for his security. The
First Mortgagee informs me that the property is not worth
the amount of the First Mortgage, Principal and Interest
plus the Taxes that he has paid, repairs and costs. I am
satisfied that there is no equity behind Mr. Steenson's
Second Mortgage and that it has no value. During the
lengthy depression, Real Estate values have gone down
very badly in Toronto, especially where the property has
been neglected as in this case.
I can, of course, secure the Order
permitting me to serve the Writ of Foreclosure upon Mr.
Steenson but it seems to me that a much better way would
be to have him assign his Second Mortgage over to the
First Mortgagee and give him a small amount for so doing.
This would be a much smoother method and would give Mr.
Steenson something for his security. I would be glad
also to work the matter in this way because of my
relationship with Mr. Steenson in placing the First
Mortgage for him and also in acting for him in his sale
to Mr. Hooper. I wrote to Mr. Steenson twice last year
but had no reply. He sent his letters on to Mr. Thompson
who then called upon me. After going over the matter,
Mr. Thompson agreed that Mr. Steenson's Second Mortgage
had no value and I offered to pay Mr. Steenson for an
Assignment, the sum of $10.00 and the charges of his
Notary in completing the document. Mr. Thompson thought
under the circumstances, that this was quite a fair
offer. He also however, has had no reply from Mr.
Steenson. I wrote to Mr. Steenson again on March 30th
but have not heard from him. He is a most peculiar
case because usually a Second Mortgage will at least
reply under the circumstances similar to the ones in
this case. In my last letter, I told Mr. Steenson that
I would pay over to him the sum of $25.00 which, of
course, would have to include any costs he might incur
in completing the execution of the document in Ireland.
Mr. Thompson thought that the Notary's Fee would be about
÷5.00 and so I felt there would be $20.00 left for Mr.
Steenson in payment for a security which has ceased to
have value. I suppose that I really should go on with
my Foreclosure Action and not bother any further with
a man who has not done me the ordinary courtesy of
replying once to the various letters I have sent him.
However, I felt I should make one more try and Mr.
Thompson assured me that I could write to no-one better
than yourself. In the hope that you can get the document
signed, I enclose Assignment in duplicate. I
have indicated on the third page of each copy where Mr.
and Mrs. Steenson will have to sign. An adult witness
will have to sign opposite their signatures on each
third page and the witness will also have to sign the
Affidavit of Execution on the back of each document.
The witness will have to be sworn before a Notary Public
and the Notary will have to sign the Affidavit of
Execution where I have indicated and he will have to put
his seal over his signature. I also enclose a Direction
to be signed by Mr. Steenson directing me to send a Draft
payable to your order. If you will then send the Assignment
to me along with such Direction, I personally undertake
to send by return mail, a Draft payable to your order,
the Draft being for such amount as I can purchase here for
$25.00. If you prefer, the documents could be sent in care
of Mr. J. Thompson, Mr. Steenson's friend in Toronto. Mr.
Thompson is the Bursar at the Ontario Hospital, 999 Queen
Street West, Toronto. Then I could call upon Mr. Thompson
and give to him in cash, the sum of $25.00 and receive
the documents from him. Perhaps this would be the better
plan as naturally, I would like to see the documents in
completed form before turning over my client's money. I
presume that you are a Notary or have a Notary in your
office who could complete the documents for Mr. Steenson.
If this matter goes through, it is, of course, understood
that Mr. Steenson will pay your fees out of the money I
am paying to him but if he declines to sign the documents,
then of course, I will pay your proper fee for interviewing
Mr. Steenson and writing to me. If Mr. Steenson is
unwilling to sign the documents, would you be willing to act
as my agent for the purpose of serving Foreclosure Writ
upon Mr. Steenson If this course should be necessary
and you are willing to act, will you please indicate what
your costs would be. This matter has dragged on so long
through Mr. Steenson's inattention that I would greatly
appreciate the favour if you would attend to it at your
Yours very truly,
W H MALE
Encls. [Encloses?] 2.
WHM/EP. W. H. Male.
MEMO: If Mr. Steenson does sign the Assignments, then
I wish you would procure from him, his copy of the
Second Mortgage and send it along with the Assignments
to Mr. Thompson.
Word count: 1315