Lyons Family in the News
The following article is a case against James Lyons that made its way to the State Supreme Court. This was a dispute regarding payment to the estate.
17 18 SUPREME COURT COUNTY or KINGS MARTHA A BEALES AS EXECUTRIX of the Last Will and Testament of Robert Beales deceased AGAINST JAMES LYONS
A Mr Lyons introduced himself asked for Mr Beales told him he wasn t in I said I would take the message he said he wanted to give him a check I said I would take it I gave him writing materials he sat down to a table and wrote a check he said he was ashamed that he had kept Mr Beales waiting so long that others had kept him waiting that he would come soon and give him more money and I said I hoped he would for Mr Beales wanted his bill paid he said he wanted to give him more and would soon he gave me the check the amount of the check was 350 odd dollars don t recollect anything more.
AQUILLA RICH called by plaintiff being duly sworn says n DIRECT EXAMINATION by Mr Birdsall I reside at Staten Island my place of business is 106 and 108 Fulton street New York and am asonin law of Robert Beales l know the defendant Lyons have known him ten or twelve years have lived at Staten Island this is the twelfth year I know of the suit of Robert Beales against James Lyons I had conversation with Lyons in reference to the claim it took place at my place of business in Fulton street it was in the summer the last of July the suit was then pending and was the subject of the conversation I asked Mr Lyons the necessity of this trouble with my father in law asked him why he didn t pay his indebtedness to my father in law he stated that he had offered to pay in notes that Mr Beales was very obstinate and would not accept them although his notes had never gone to protest I then asked why the necessity of this litigation when somebody will have to pay for it he stated there was a dispute but didn t state what it was can t say what the amount was can t say whether it was referred to by him or I in that conversation in reference to the notes he said they were to be given for the claim of Mr Beales against him.
That is as to when the claim was put in my hands after the claim came in my hands I addressed acommunication to Mr Lyons it was in the latter part of November between the Ioth and 20th sent two letters to him one directed to Ridgewood and the other to East New York defendant lives in Ridgewood paid the postage the letters never came back to my hands in January or February I880 I addressed another communication to defendant sent it to him at East New York in my office envelope put it in the Brooklyn Post Office paid the postage defendant lives at Ridgewood near Evergreen cemetery can t tell how far from East New York I served the summons and complaint on defendant on February 26 I880 at his residence in Ridgewood I had a conversation with defendant at the time of said service of summons and complaint after I had served the summons and complaint he asked me what it was I told him the summons and complaint was from Mr Beales he said Mr Beales was in a hurry to sue him he need not have sued him I was going down to day to pay him I said Mr Beales had waited long enough for you and he was not to blame I said I wrote three letters to you and received no reply he said I didn t get them I said you better see Mr Beales as soon as you can he said all right I will attend to it defendant asked me where I sent the letters told him two to Ridgewood and one to East New York this conversation was after papers had been served.
At a regular meeting of the health board of the town of New Lots Kings county held at the town hall August 13 1883 the following resolutions were unanimously adopted Whereas The Atlantic Bone Works so called the property of Adams & Muns located on Rockaway avenue near New Lots road in the town of Flatlands at which place the business of bone black manufacturing is carried on Also Whiting's Horse Factory located immediately in rear of Adams and Muns premises whose business is the removal of dead animals under contract from the towns of Flatbush New Lots and Flatlands and James Lyons Lamp Black factory and swill feed stables located near the Ridgewood reservoir in the town of Newtown Queens county has been investigated by the experts and officers of the State Board of Health and Whereas The Secretary of said Board of Health Dr Elisha Harris has addressed this board stating that said business afore mentioned is a nuisance and is dangerous to public health and requesting this board to take action for the purpose of abating and removing said nuisance and Whereas Said nuisance complained of is not within the jurisdiction of this board but are located to wit Adams & Muns factory in the town of Flatlands Kings county Whiting's factory at the same place and James Lyons in the town of Newtown Queens county and Whereas The board of health of said town of Flatlands and the board of health of said town of Newtown have neglected to take any measures to abate said nuisance and Whereas In the judgment of this board said business is a nuisance as described by the said Board of Health and in the judgment of this board it is necessary that legal proceedings against the said nuisance should be commenced now therefore be it Resolved That this board does hereby authorize one of its members to present to the Governor of this State pursuant to chapter 322 of the laws of 1880 a petition requesting the Governor to refer said nusance to the State Board of Health for examination and report to him and for such executive action as their said report when made shall seem to demand Assem Doc No 89 31
MATTER OF THE NUISANCES IN NEWTOWN QUEENS CO City and County of New York ss Alexander S Kirkman being duly sworn says I am the active member of the firm of Kirkman & Son mentioned in an order dated July 20 1883 that order was received by me about the 25th day of July I immediately caused the improvements mentioned in said order to be made and ceased all work until they were made which was on August 10 1883 On September 18 1883 I was served w0h a second order when I immediately closed my place at Maspeth and have done no work there since I have complied with all the orders of his Excellency the Governor of the State of New York to the best of my ability I desire to continue my business under such restrictions as may be proper I therefore ask that the order of September 12 may be so modified that I may be permitted to continue my business or that another inspection may be made and the true condition of my place ascertained ALEX S KIRKMAN Sworn to before me this 1st day of October 1883 j John R Smith Notary Pubhc NY Co.