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Title: W. H. Male, Canada, to J. E. Peel & Son, Armagh.
ID3683
CollectionIrish Emigration Database
Filemale & christie/23
Year1937
SenderMale & Christie
Sender Gendermale
Sender Occupationsolicitors, barristers
Sender Religionunknown
OriginToronto, Ontario, Canada
DestinationArmagh, N.Ireland
RecipientPeel, Joshua
Recipient Gendermale
Relationshipbusiness
SourceD 889/7/1: Deposited by Joshua Peel & Son, Solicitors, Armagh
ArchiveThe Public Record Office, N. Ireland
Doc. No.9810045
Date23/6/1937
Partial Date
Doc. TypeEMG
LogDocument added by LT, 27:10:98.
Word Count985
Genre
Note
TranscriptW. H. Male, B.A. Telephone Adelaide 1971
K. A. Christie, B.A. Cable Address:
"Harmale, Toronto"
MALE & CHRISTIE
Barristers, Solicitors, Notaries Public
601 Federal Building, 85 Richmond St. West
TORONTO 2, CANADA


June 23rd, 1937.


Messrs. Joshua E. Peel & Son,
Solicitors,
English Street,
Armagh,
N. IRELAND.

Re: J. Steenson & 27 Gates Ave.,
Toronto.


Dear Sirs:

Since receiving your letter of December
17, 1936, we have written to you letters dated January
6, 1937, February 22, 1937 and May 4, 1937 but have had no
further reply from you.

Your letter of December 17, 1936,
indicated that the documents had been signed by Mr. and Mrs.
Steenson and that you would take them to Belfast or
Newry to be completed by Notary. Surely this last item
has been attended to and we cannot understand why you
do not forward the documents on to us. So far as we
know, we have done nothing to offend you in any way but
if we have done or said anything at which you have taken
umbrage, we sincerely apologize. We think you will
appreciate that the delay is causing us great anxiety
and putting us to a very great deal of trouble. In
addition to correspondence in which we have engaged, our
client Mr. Kesteven, constantly phones and comes to see
us and asks for a report. If we had any idea that
this matter would not have been attended to before this,
we would have obtained an Order permitting service of the
Writ of Foreclosure out of the jurisdiction and by now,
our Foreclosure Action would be completed. We were led
to follow our present course because Mr. and Mrs. Hooper
the owners of the equity, recognized that the property
was no longer worth anything more than the First Mortgage
and expressed a willingness to give us a Release
of their equity. Naturally, we cannot accept such Release
until we have secured an Assignment of the Second
Mortgage held by Mr. Steenson. We figured out the cost
of Foreclosure and decided that it would be better for all
concerned to use the amount of said costs in purchasing
the said Assignment from Mr. Steenson and in giving a
small amount to Mr. and Mrs. Hooper for their Release
of Equity. It never entered our minds that it would take
longer than a month to secure the Assignment from Mr.
Steenson. Unfortunately, he would not reply to any of
our letters and wrote instead to his friend, Mr. Thompson,
of this city. Mr. Thompson went into the matter very carefully
and recognized that no equity remained as security
for Mr. Steenson's Mortgage. He recognized also that if
we foreclosed, Mr. Steenson would secure nothing and so he
decided that the payment we offered was better than nothing
at all and he advised Mr. Steenson to sign the Assignment
document. We felt it was necessary for us to engage a
Solicitor in Armagh and Mr. Thompson recommended your firm
and stated that we could absolutely rely upon your prompt
attention to the matter. As you know, we wrote to you
repeatedly and months elapsed before you wrote us the
letter of December 17, 1936. At that time however, we
felt that the delay was entirely due to the fact that
Mr. Steenson had not gone to see you although we were
perplexed that you had not written to us before and explained
the situation. Following your letter of December
we felt the matter would receive immediate attention from
you and expressed our confidence in such fact to Mr.
Kesteven. The subsequent delay of six months has put us in
a very embarrassing position as Mr. Kesteven feels that in
some way we are at fault and he cannot understand our statement
that we have written to you repeatedly and received
no reply. It is true that there is no immediate prospect
of selling the property but our reason for special anxiety
is due to the fact that Mr. Hooper is a blacksmith who
shoes horses at race tracks. He moves from race track to
race track and most of the year, is in the United States.
He is only in the vicinity of Toronto for a short time each
Fall and Spring and can only be seen at such times. We
understand that he is still employed at one of the local
tracks and we are hoping to receive back the papers from
you in time so that we can deal with Mr. Hooper before he
again leaves town. Another difficulty is the fact that
both Mr. and Mrs. Hooper cannot understand why we do not
complete the matter with them but naturally, we cannot do
so while the Second Mortgage is outstanding. If we ever
have a matter of this kind again, we will certainly stick
entirely to the foreclosure proceeding and not run the risk
of any delay through negotiations. We do not like however,
to resume our foreclosure proceedings when this matter is so
nearly completed. As we understand the situation, you have
the completed documents in your possession and merely need to
send them to us. We beg of you to please put the documents
in an envelope and mail them to us right away. Surely
one of the plans that we suggested in our previous
letters must be agreeable to you. The amount involved
so far as your client is concerned is very small and if
the money was our own, we would gladly send it to you
before you mailed the documents. The money however,
belongs to Mr. Kesteven and he feels that we ought to
be able to examine the documents and see that they have
been fully completed in a way that will be acceptable
to our Registry Office before we part with his money.
We are however, willing to follow any of the plans
mentioned on page four of our letter of May 4, 1937.

Please follow one of such plans and we
will be very grateful to you. Our client is hounding
us in the matter and he is a very valuable client whom
we do not wish to lose.


Yours very truly,

MALE & CHRISTIE

W. H. Male

W. H. Male.

WHM./EP.

Word count: 985