The Valdez Bank and Mercantile store was owned by Ellamar Harvey Leavell. Valdez Mercantile Co served as the successors to Valdez Bank and Mercantile Co. in 1904. Valdez Mercantile Co disposed of the banking department of Valdez Bank and Mercantile Co. and devoted their entire capital and energy to a strictly mercantile business. (Ref: https://chroniclingamerica.loc.gov/lccn/sn98060264/1913-02-13/ed-1/seq-3/ocr/)
A. Reynolds purchased the business of Brown & Hawkins in Seward, Alaska, and was consolidated into the Valdez Bank and Mercantile Co. in 1906 and again in 1907. (Ref: https://www.newspapers.com/clip/4475890/the-alaska-prospector/)
Valdez Bank & Merchantile Co.'s bank building caught on on fire 4:00 AM on December 17, 1906. The fire of December 18, 1906 completely destroyed and burned down Valdez Bank & Mercantile Co. Ruins of Valdez Bank & Mercantile Co.'s bank and retail store along St. Elias Hotel could be seen more than 2 blocks away. Valdez Bank & Mercantile Co. was later rebuilt at the beginning of 1907. (Ref: http://photolab.elmer.uaf.edu/gallery/photos/19750084/75-84.pdf)
Arthur Lang was elected cashier of the banking department at a meeting of the board of directors of Valdez Bank & Mercantile Co on April 17, 1907. Arthur Lang took the place of J. G. McCracken who resigned from the position owing to poor health. Three new members were added to the board of directors: J. E. Chilberg first vice-president of the Scandinavian bank of Seattle, E. F. Gray manager of the Great Northern Development Co. and Judge John Lyons U. S. Commissioner at Valdez. (Ref: https://chroniclingamerica.loc.gov/lccn/sn84021905/1907-04-18/ed-1/seq-9/ocr/)
Valdez Bank & Mercantile Company took a mortgage on the lot in question and all the buildings situate thereon, with the exception of a building-known as the “Gem Barber Shop’’ which belonged to third parties, in the sum of $5,000, on August 15, 1907, and duly recorded same in the records of the United States recording district, Valdez, Alaska, on the same date, and that there is now due and unpaid on said mortgage the sum of $3,167.61 and interest at 12 per cent, per annum since August 15, 1909.
The greatest latitude in pleading is necessary to hold that the allegations in the plaintiff’s complaint show that the materials furnished were used in the construction of the Valdez Hotel, as set out in the lien filed herein, although Plaintiff’s Exhibit No. 3 (a photograph of the premises) shows that the building in which the lumber was used is called the Valdez Hotel, and is used as an office to the Valdez Hotel proper. So long as the lien sufficiently identifies the building to which the lien is sought to be attached, a sufficient allegation is made in that respect. The evidence supports the regularity and sufficiency of the making, filing, and bringing suit on the lien.
But the question of the removal of the building is one on which the attorneys for the plaintiff have grown hot and cold, in that they allege in their complaint that the building in which the lumber was used became a part of the Valdez Hotel, and in their reply allege that the lumber was furnished for and used in the construction of a new building, adjoining the building upon the lot at the time the mortgage was given, and was joined to and incorporated in and became a part of said Valdez Hotel.
At the trial of the case, the plaintiff put witnesses upon the stand to show that the construction of the building now in question could be severed, and that it is not a part of the Valdez Hotel proper. As no objection was made to this proof as not conforming to the allegations of the complaint and reply, and as an amendment would have been allowed upon motion of the attorneys for plaintiff, this evidence will be considered in deciding the merits of the cause.
The structure seems to have been made with 2x4 studding on the sides, lined on the inside, and toenailed to the adjoining buildings, and in a sense became a part of the Valdez Hotel proper; but it might equally well be said to be a part of the building on its opposite side, which is not situate on the lot in question, nor the property of the defendant- Clark.
It appears that defendant Clark is still the legal owner of the title to said lot and buildings, although a suit to foreclose said mortgage is now pending in this court. The decision of the court is that plaintiff have a decree for the amount of its lien, $502.65, $30 cost for preparing and filing his lien, and $100 attorney’s fee. (Ref: https://cite.case.law/alaska/3/635/)
The building for Valdez Bank & Mercantile Company was featured in George L. Mesker & Company catalogs from 1908 until 1911. It was damaged in the 1964 earthquake and demolished by a local fire department in 1966. (Ref: https://meskerbrothers.wordpress.com/sitemap.xml)
Valdez Bank and Mercantile Co. was located at McKinley Street and Alaska Avenue, Valdez, Alaska, US 99686.
No comments:
Post a Comment