Bryce Swore The Money Was His Until The Checks Appeared
Part 4 · 3 min read ·
"Can you trace the money before the checks?" June asked.
"Yes."
"Good. Bring that too."
The money had sat in my own savings account for years. Most came from sails I had built. Some came from selling an old boat I no longer had time to use.
There had been no gift from Arthur and no payment from Fenwick Marine Services.
My bank gave me statements showing the transfers into checking and the four checks out. I covered unrelated account numbers on the copies June planned to hand around.
On Tuesday, I wore my good brown jacket to the Newport courthouse. Inez tucked a pencil behind her ear out of habit, then put it away before we entered.
"I keep wanting to draw something," she said.
"Draw him a smaller mouth."
She laughed once, quietly, and squeezed my hand.
Bryce sat beside a lawyer named Paul Sayer. Dana sat in the back with her own attorney. Mara carried a thin binder with the trust seal on its cover.
Nobody there cared who had known Arthur at lunch.
The judge asked June what relief we sought.
"Continued access and no interference while the court determines the parties' rights under the lease."
Paul said there was a question about who owned the renewal.
"The tenant is named," the judge said. "What is the basis for that question?"
"Mr. Fenwick believes company funds paid the charge."
Believes. On the page, Bryce had written knows.
June called me first. I explained the four payments, the savings, and the work I still meant to do.
"Did you agree to surrender the premises?" she asked.
"No."
"Did you authorize Mr. Fenwick to promise them to a developer?"
"No."
Paul asked whether I had called the party a retirement lunch.
"Yes."
"So you intended to stop working."
"I intended to stop answering the telephone at midnight. Those are different things."
He asked whether Arthur had ever helped me.
"Often. He gave me advice. He let me pay for the first sewing machine in six installments. I finished paying in 1998."
"You were close."
"Close enough that he knew which papers he signed."
Mara went next. She identified the assignment, the timely notice, the board's acceptance, and the payment entries.
"Is any portion of the renewal charge unpaid?" June asked.
"No. The full $48,000 cleared."
"Was Mr. Fenwick authorized to end this tenancy?"
"No. His company is not our tenant for that building."
The judge let Bryce explain his statement about company money.
He talked about family understandings. He talked about Arthur's wish to make the waterfront pay. He talked about the cost of keeping old buildings alive.
"Which company record shows this payment?" the judge asked.
"Our accountant would have it."
"Have you seen it?"
Bryce looked at Paul.
"Not personally."
June put my bank records beside the canceled checks. She did not wave them or raise her voice.
"My client has seen his records," she said.
The judge continued the order against interference. She also directed both sides to preserve records tied to the lease and the proposed transfer, with a prompt exchange of those documents.
The final lease claim would take more than one morning. June had warned me of that. Still, I left knowing my door would open when I put my key in it.
On the bench outside the courtroom, Inez straightened my collar. I had dressed in such a rush that one side had stayed tucked under.
"There," she said.
It was a small thing to fix. After listening to strangers discuss the place where we had grown old together, a small thing was what I needed.
Outside, Dana caught up with us.
"My lawyer sent a demand for the deposit back," she said. "I suspended the project Friday. There won't be a crew Monday or any other day without a valid agreement."
"Thank you for telling me."
"I should have called you before I paid."
It was a plain admission. I respected it.
Bryce came down the courthouse steps.
"Dana, we can move this to another parcel."
"Return the deposit. Then we can stop speaking through lawyers."
Paul touched his elbow before he could answer.
Three days later, Paul agreed to have an outside accountant review the company records. He also agreed that the part of Dana's deposit still in the company account would be held in escrow while her refund claim was addressed.
June called to explain what that meant.
"Someone independent checks the books. Nobody spends the money that remains."
"How much remains?"
She paused.
"We've just received the statement."
I moved a roll of sailcloth so I could sit down.
The document showed Dana's $125,000 coming in. Two payments followed it out. By the time Bryce had announced my Monday deadline, only $85,000 had been left.