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Made by Judge Leventritt In Keith Theatre Case.
Another Feature of Saco Savings Bank Litigation.
Justices in Consultation--Final Adjournment on Saturday.
One of the most eloquent arguments ever presented in the Kennebec county court house was made, Friday forenoon, before the law court by Judge David Leventritt, who was for 10 years one of the justices of the New York supreme court. The case argued was the controversy between Frederick F. Proctor an B. F. Keith, the principal owners of the Keith & Proctor Amusement Co. The case appeared upon the York county docket, the corporation having been organized in that county under the general laws of Maine. Judge Leventritt appeared for Proctor and Howard R. Ives for Keith.
Attorney Ives stated that in the dissolution of the company all of the property had been distributed upon agreement, except the Fifth Avenue theater in New York, of which the Keita & Proctor Amusement Co. has a lease until 1916. He claimed that Proctor was about to lose the lease of the house when, it developing that Keith had the ability to renew the lease, Proctor consented to enter into an agreement or partnership, so that the benefit of the lease and business might not be entirely lost. Proctor's lease at that time had but 11 months to run. Afterwards, the Keith & Proctor Amusement Co. did lease the theater and Keith claims that the lease now in force is one of the assets of the company.
Judge Leventritt took the ground that Keith practiced deceit in renewing the lease of the theater; that he, in the guise of the International Amusement & Realty Co., bought the property, exercised the right retained by the Gilsey estate to terminate the Proctor lease in one year, and thus forced Proctor to make terms with him, though he still concealed the fact that he owned all the stock in the International Co. Judge Leventritt read parts of letters to show that Keith, after the combine, raised the rent on his partner, when he was obliged to renew the lease, and further set up the claim that not only did Keith not procure the new lease, but that the lease was wrung from him only after litigation was started. The argument in the Keith & Proctor case consumed the entire forenoon and the only case to be argued in the afternoon was that of Frank W. Nutter et al., receivers of the Saco Savings Bank, in re Batchelder & Snyder Co. vs. Saco Savings Bank. Clifford E. McGlauflin of Portland appeared for the plaintiff and C. C. Palmer of Biddeford for the defendant. The case is before the law court upon exceptions by receivers to a decree overruling exceptions to report of commissioners of claims.
This was the last case argued and the justices went into consultation at 4 P. M. Final adjournment will occur sometime Saturday.