| Title: | Male & Christie, Toronto, Canada, to John A. Peel, Armagh |
|---|---|
| ID | 3679 |
| Collection | Irish Emigration Database |
| File | male & christie/14 |
| Year | 1936 |
| Sender | Male & Christie |
| Sender Gender | male |
| Sender Occupation | solicitors, barristers |
| Sender Religion | unknown |
| Origin | Toronto, Ontario, Canada |
| Destination | Armagh, N.Ireland |
| Recipient | Peel, Joshua |
| Recipient Gender | male |
| Relationship | business |
| Source | D 889/7/1: Deposited by Messrs. Joshua Peel & Son, Solicitors, Armagh |
| Archive | The Public Record Office, N. Ireland |
| Doc. No. | 9909041 |
| Date | 4/5/1936 |
| Partial Date | |
| Doc. Type | EMG |
| Log | Document added by LT, 27:08:99. |
| Word Count | 1315 |
| Genre | |
| Note | |
| Transcript | MALE & CHRISTIE BARRISTERS, SOLICITORS, NOTARIES PUBLIC 601 Federal Building, 85 Richmond St. West TORONTO 2, CANADA Telephone ADelaide 1971 Cable Address: "Harmale, Toronto" May 4th, 1936. John A. Peel, Esq., Barrister, Etc., Armagh, North Ireland. 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 follows - 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 earliest convenience. 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 |
