Special Collections, Waterloo Library
Archival Resources : Finding Aid

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GA 105 : Haney, Haney, Kendall & Melville fonds.

 

Haney, Haney, Kendall & Melville fonds. - 1811-1947. - 45 cm.

 

The firm of Haney, Haney, Kendall & Melville was established in 1860 (_Waterloo Historical Society_ 55 (1967): 29) and has conducted business since then under a number of names. The first firm name recorded in the papers is MacGachen and Colquhoun on a document dated 1865. Of F. Stewart MacGachen nothing has been discovered except that he was appointed solicitor for the Waterloo Mutual Fire Insurance Company, formed in 1863. The partnership of MacGachen and Colquhoun lasted approximately fifteen years, as by 1875 Colquhoun's name alone appears on documents. In 1876 Colquhoun then entered into partnership with Ward Hamilton Bowlby and Edwin Perry Clement, under the name Bowlby, Clement and Colquhoun, but remained for only a short period. (WHS 75 (1987): 36). After conducting business alone for several years, in 1889 he entered into partnership with Arthur B. McBride under the name Colquhoun & McBride. This partnership lasted until 1897 when Colquhoun accepted the postion of Collector of Customs. McBride practised alone for several years before taking another partner, E.P. Flintoft, and the firm name became McBride and Flintoft, ca. 1906. Flintoft left to become solicitor for the Canadian Pacific Railway, leaving McBride once again alone for several years until taking E.W. MacKenzie as partner with the firm name McBride and MacKenzie, ca. 1916 (Middleton, v.4, p. 547.) Still later, McBride took another partner and the firm name changed to McBride & McGibbon.


The earliest document in the collection is an abstract of a will which names James Colquhoun as a beneficiary. James Colquhoun was a Barrister of the Middle Temple, a brilliant lawyer who emmigrated to Canada in 1842 with his wife, Mary Bryce Colquhoun. After initially establishing a law practise in Galt and speculating in land near Ayr James Colquhoun moved to Berlin ca. 1852, where he first lived on Frederick St. and then built the home now known as "Woodside", the boyhood home of William Lyon MacKenzie King. John King was a family friend and rented Woodside from Frederick Colquhoun from 1886 to 1893. Shortly after moving to Berlin he was appointed Clerk of the county court, a position he held until his death, as was also made deputy clerk of the crown. A keen interest in education led him to serve at various times as trustee or chairman on both the public and high school boards. (Nicolson, p. 44). He died in 1877.


Frederick Colquhoun, son of James Colquhoun, was born August 31, 1839 in Sterling, Scotland. He was educated in Berlin and studied law. From 1860 until 1897 he had a successful law practise; in 1897 he was appointed Collector of Customs at the port of Berlin, a post which he held until his death in 1906. As well, Colquhoun served as Village Clerk for Waterloo from 1868 to 1876, and for the Town of Waterloo from 1876 to 1897. He was secretary of the North Waterloo Reform Association and Children's Aid Society for a number of years, and an original member of the Board of Directors of the Dominion Life Assurance Co., 1900. At the time of his death he was President of the Berlin and Waterloo Hospital Trust. In approximately 1889 he buildt a house on a lot on the corner of King and Union Streets, Waterloo, currently 251 Mary St.and known as the "backwards house." The house originally faced King St. but subdivision of the original lot has left the back of the house fronting on Mary St. (Lackenbauer, WHS 85 (1997): 27-40.


Arthur B. McBride was born November 21, 1861, was educated in Toronto, called to the bar in 1884 and practised in Toronto until 1889. In 1889 he moved to Waterloo and went into partnership with Frederick Colquhoun. In 1887 he married Agnes Kumpf, daughter of Christian Kumpf. In Waterloo McBride served as director of the Globe Furniture Company, as well as being active in both the Odd Fellows and Masons.


Although few in number, the documents in this fonds are interesting the many insights they contain into the history of the local area. They consist mostly of land transactions, mortgages, declarations, and power of attorney. Some seem to have been retained as they pertain to personal or family business of members of the firm, such as documents relating to the estate of Christian Kumpf, whose daughter married A.B. McBride. Some documents relate to well known names in the history of the area, such as David Kuntz of Kuntz Breweries and John Hoffman, for whom a survey of Waterloo was done in 1855, Thomas Hilliard, Charles Noecker, Ford S. Kumpf, etc. Evidence of printing activity is present in legal forms printed by local booksellers and stationers for the firm. The documents contain evidence of trades and occupations of the time, including marble cutter, tailor, hotel keeper, farmer, woolen mill employee, button turner, shoe merchant, cabinet maker, tobbaconist, cigar box manufaturer, brewer, pumpmaker, telephone agent, etc. Also interesting to note is the shift to the use of a typewriter and the appearance of a female employee described as a "stenographer." Interesting also is the relative level of literacy evident in the signatures of individuals, particularly those of husbands and wives, many of whom are represented only by their "mark."

 

Title from content of the fonds.
Donated in February 1998 by Reginald Arthur Haney.

 

File 1
An Abstract of the will of Joseph Hanson, late of Strangeways Hall Esquire deceased, 5th Aug. 1811. - 1811.
This abstract names James Colquhoun as a beneficiary.

 

File 2
Indenture of bargain and sale: Anna Hershy, Isaac Hershy & Abr. Hershy by their Attorney Benj. Eby to Elias Eby: north half of lot no. 40, G. C. Tr., Waterloo. - 1846.
This indenture bears a printer's statement: Henry Eby, Printer, Berlin, Wellington District.

 

File 3
Indenture: Elias Snider & wife to John Schneuker, Feb. 16, 1855. - 1855.
Concerns property in Waterloo. Witnessed by John Barrett and Moses Springer.

 

File 4
Indenture of bargain and sale: Grace Allan, et. al. to John Spetz. - 1863.
This indenture concerns land in the village of Maryborough. Printer's statement: "Printed at the 'Observer' Office, Elora." Ms. annotation, "[David] Kuntz" re a later transaction. Signed by "attorney James Ross."

 

File 5
Indenture of bargain and sale: Fredk. Hehn & ux to Messrs Clare and Beck, dated this 14th day of February, 1865, MacGachen & Colquhoun, Barristers, Waterloo. - 1865.

 

File 6
Deed of land: John Hoffman Esq. to Messrs Murray & Bockus, dated 1st Sept. 1867, MacGachen & Colquhoun, Barristers, Waterloo. - 1867.
This indenture bears printer's statement: Boedecker & Stuebing, Berlin, C. W.

 

File 7
Deed of land: Emanuel Thoman & ux to George Dodds, dated 24th Oct. 1867, MacGachen & Colquhoun, Barristers, Waterloo. - 1867.
Printer's statement: Boedecker & Stuebing, Berlin, C. W.

 

File 8
Deed of land: Henry W. Bowman & wife to David Kuntz, dated 13th Nov. 1867, MacGachen & Colquhoun, Waterloo. - 1867.
Concerning property on the corner of William and Caroline Streets, Waterloo. Printed by Boedecker & Stuebing, Berlin, C. W.

 

File 9
Agreement: David Kuntz & George Allen. - 1867.
This agreements relates to property in the Village of Maryborough.

 

File 10
Deed of land situate at Township of Wallace: Thomas Reid & wife to Anthony Kennedy, dated March 2nd, 1870, MacGachen & Colquhoun, Conveyancers, &c., Waterloo, Ont. - 1870.

 

File 11
Deed of land situate at Waterloo Village: Andrew Binney to Andrew Oetzel, dated 31st January 1871, MacGachen & Colquhoun, Conveyancers, &c., Waterloo, Ont. - 1871.
Ms. note: "C. Kumpf."

 

File 12
Deed of land: Anthony Stoeser & wife to Lawrence Kuenzig. - 1871.
Dated Oct. 1, 1871.

 

File 13
Power of attorney: Fred Kempf to Isaac Wenger. - 1872.
Dated Feb. 14, 1872.

 

File 14
Deed of land: Andrew Oetzel & wife to Henry W. Thomas, dated May 1st, 1873, MacGachen & Colquhoun, Conveyancers, Waterloo, Ont. - 1873.
Printed by "Chronicle" Print, Waterloo, Ont., two copies.

 

File 15
Conveyance: Plummer Dewar & wife to Thos Hilliard, dated 1st May, 1873. - 1873.

 

File 16
Mortgage: James White & wife to Mrs. Gourlay, dated Mar. 24th, 1874, MacGachen & Colquhoun, Waterloo. - 1874.
Printed by C. Steubing & Co., Law Stationers, Berlin, Ont.

 

File 17
Mortgage: John Clare & ux to Charles Noecker dated 27th March 1874, MacGachen & Colquhoun, Conveyancers, Waterloo. - 1874.
Printed by C. Steubing & Co., Law Stationers, Berlin, Ont. Includes insurance slip.

 

File 18
Release: Mrs. Buehler and Mrs. Cornell to Messrs P. and J. Winger, dated August 1874, MacGachen & Colquhoun, Conveyancers, Waterloo. - 1874.

 

File 19
Deed, declaring boundary line: Ferdinand Walter to Lorenz Kunzig, dated 1875, Colquhoun, Conveyancers, Waterloo. - 1875.
Related to earlier indenture between Anthony Stoeser and Kunzig. Includes additional papers.

 

File 20
Agreement to purchase: John Miles, Feb. 8, 1875.
This agreement consists of an ms. statement written on the verso of a sale poster: "House & Lot for sale in Elmira! The undersigned will offer for sale by auction, at Mrs. Ellis' Hotel, Elmira, on Monday, Feb'y 8, (Market Day), at noon, the house and premises at present occupied by Mr. Nicol, the property of Frederick Kempf. Terms favorable! Fred. Colquhoun, Agent. Elmira, February 5th, 1875."

 

File 21
Assignment of Mortgage: David Kuntz to the Trust and Loan Company of Canada, dated 18th day of May, 1875, registered 21st day of May, 1875, MacDonald & Patton, Solicitors, Toronto. - 1875.
Ms. note: "Re Ruetz & Kuntz Mortgage." This document is from the law office in Toronto with which Sir John A. MacDonald was associated. [See Creighton's biography of Sir John A., p. 187.)

 

File 22
Deed of land: Philip Riehm & wife to Mr. James Lockie, dated May 1st, 1876, Bowlby, Colquhoun & Clement, Barristers, Attorneys-at-Law, &c. - 1876.
Ms. note: "John Koch."

 

File 23
Mortgage: John George Zeigler & wife to Mr. George Gleiser, dated Nov. 9th, 1877, Bowlby, Colquhoun & Clement, Waterloo. - 1877.
"Chronicle Print, Waterloo."

 

File 24
Power of attorney: Magnus Knittel to Catherine Knittel, Aug. 27, 1880. - 1880.
Includes also a copy of the will of Magnus Knittel, dated Aug. 27, 1880.

 

File 25
Mortgage: Charles H. Froelich & wife to Charles Noecker, dated May 15th, 1882, F. Colquhoun, Waterloo. - 1882.
"Chronicle Print, Waterloo." This indenture not signed or witnessed.

 

File 26
Deed of land, situate in the Town of Waterloo: William Kalbfleisch and others to Charles H. Froelich, dated May 15th, 1882, F. Colquhoun, Waterloo. - 1882.

 

File 27
Mortgage: Frederick Kaempf et ux. to Mrs. Colquhoun, dated August 29th, 1884, Frederick Colquhoun, Barrister and Conveyancer, Waterloo, Ont. - 1884.
Two copies.

 

File 28
Deed of land, situate in Berlin,: Fredk Kaempf rt ux to Samuel Merner, dated 2nd February, 1885, Bowlby & Clement, Barristers & Conveyancers, Berlin, Ont. - 1885.

 

File 29
Mortgage: John Koch to James Lockie, dated July 8th, 1885, Frederick Colquhoun, Barrister and Conveyancer, Waterloo, Ont. - 1885.

 

File 30
Assignment of Mortgage: James Lockie to Peter H. Sims, dated July 22nd, 1885, Frederick Colquhoun, Barrister &c., Waterloo. - 1885.
"Printed at the Daily News Office, Berlin."

 

File 31
Deed of land: Andrew Oetzel and wife to William H. Thomas, dated 27th August, 1888, Frederick Colquhoun, Barrister and Conveyancer, Waterloo, Ont. - 1888.
"Hett & Hallman, Printers, Berlin."

 

File 32
Deed of land: John Fischer et ux to Joseph H. Webb, dated 5th June 1889, Frederick Colquhoun, Barrister and Conveyancer, Waterloo, Ont. - 1889.
Two copies. One is marked "Cancelled, sold to Z[immerman] by Webb." The other has pencilled alterations indicating a sale by John Fischer to Henry Zimmerman, Hotel Keeper, dated July 13, 1889. "Hett & Hallman, Printers, Berlin."

 

File 33
Agreement for sale of land: Robert Kerr and Adam Hieronymus, dated 13th Oct. 1892, Colquhoun & McBride, Waterloo. - 1892.
"Hett & Hallman, Printers, Berlin."

 

File 34
Deed of land, situate in Waterloo: Margaret Slater et mar to A. Ufflemann, dated 1st March, 1893, Colquhoun & McBride, Waterloo. - 1893.

 

File 35
Conveyance: C. Kumpf et ux to John Letter, dated 22nd January, 1895, Colquhoun & McBride, Waterloo. - 1895.
"Osborn & Huber, Booksellers and Stationers, Berlin."

 

File 36
Deed of land, situate in Berlin: Annie Frank and Frederick Frank to Ferdinand Noecker, dated 30th May, 1896, Colquhoun & McBride, Solicitors, &c.,Waterloo, Ont. - 1896.

 

File 37
Conveyance: Gustave J. Hamel et ux to Edward Hamel, dated 29th Sept. 1896, Colquhoun & McBride, Waterloo. - 1896.
"Osborn & Huber, Booksellers and Stationers, Berlin."

 

File 38
Deed of land, situate in Waterloo: Simon B. Bricker, Executor to W.G. Weichel, dated 28th Feb. 1898, Colquhoun & McBride, Solicitors, &c.,Waterloo, Ont. - 1898.
Contains some ms. corrections.

 

File 39
Deed of land, situate in Waterloo: Simon B. Bricker et al to W.G. Weichel, dated May 11th, 1898, Colquhoun & McBride, Solicitors, &c.,Waterloo, Ont. - 1898.

 

File 40
Deed of land, situate in Berlin: Michael Minster, et al to Andrew Oraszek, dated 17th April 1903, A.B. McBride, Waterloo. - 1903-1919.
Includes also a copy of the will of Andrew Oraszek, dated Jan. 4, 1909, and a statutory declaration signed by his daughter Rose Bialkonski, dated May 27, 1919.

 

File 41
Mortgage on land situate in the Township of Waterloo . . . : Joseph A. Lorentz et ux. to F. Kurschinski, dated December 14th, 1906, McBride & Flintoft, Waterloo. - 1906.

 

File 42
Probate of the Last Will and testament of Susannah Brubacher, late of the Town of Waterloo, Deceased, McBride & Flintoft, Waterloo. - 1907.
"Copy. Number 4682, Surrogate Court, County of Waterloo."

 

File 43
House lease: E.H. Zick to J.R. Jurgensen, dated October 1907, McBride & Flintoft, Waterloo. - 1907.
Contains also a draft copy and an ms. note wuth logo "Zick's Shoe Home." Neither copy of the lease is signed.

 

File 44
Deed of land, situate in the Town of Waterloo: Edward Hamel et ux to Justus W. Ruppel, dated June 9th, 1908, McBride & Flintoft, Waterloo. - 1908.

 

File 45
Release dower: Anna Echert to Gustave Kuntz, dated June 11th, 1908, McBride & Flintoft. - 1908.

 

File 46
Bill of Sale: Ford S. Kumpf to Gustave Kuntz, dated June 11th, 1908, McBride & Flintoft, Waterloo. - 1908.

 

File 47
Chattel Mortgage, securing endorser of Promissory note: Annie Echert to Gustave Kuntz, dated April 14th, 1909, A.B. McBride. - 1909.
Includes other documents: promissory notes, etc.

 

File 48
Bill of Sale: John C. Schaeffer and Frank Klahs, dated April 1st, 1912, A.B. McBride, Waterloo. - 1912.

 

File 49
Statutory declaration of sale poster: in the matter of Moogk & Kumpf, dated Apr. 22nd, 1912.
Declaration signed by Albert J. Mickus, auctioneer.

 

File 50
Statutory declaration, publication: in the matter of mortgage dated 17th June 1907, Moogk & Kumpf to Menno Clemens et al and in the matter of mortgage dated 6th June, 1907, Moogk and Kumpf to John Vollmar, and of sale proceedings thereunder, dated Apr. 22nd, 1912, A.B. McBride. - 1912.
Declaration signed by Una Ransome ["stenographer"].

 

File 51
Deed of land, situate in the Town of Waterloo: Arthur L. Kumpf et al, to the Bank of Toronto, dated July 1912, A.B. McBride, Waterloo, Ont. - 1912.
Four copies, three signed and witnessed differently, one a draft. Includes envelope with letterhead of St. Jacob's Hotel.

 

File 52
Release: Mae Jane Smith et al to A.L. Kumpf, et al, dated April 1916, McBride & MacKenzie, Barristers etc., Waterloo, Ont. - 1916.
Two copies, as well as one sheet of notes re W.H. Bowman estate.

 

File 53
Deed of land, situate in the City of Kitchener: Carl G. Pritschau to Peter H. Roos, dated November 12th, 1919, McBride & MacKenzie, Barristers, etc., Waterloo, Ont. - 1919.

 

File 54
Deed of land, situate in the City of Kitchener: Peter H. Roos to Eugene L. Roschman, dated December 8th, 1919, McBride & MacKenzie, Barristers, etc., Waterloo, Ont. - 1919.

 

File 55
Statutory declaration: in the matter of the easterly part of Lot number two hundred and ninety-eight, in John Hoffman's survey of part of the City of Kitchener, dated December 10th, 1919, McBride & MacKenzie, Barristers, etc., Waterloo, Ont. - 1919.
Declaration signed by Charles T. Noecker re Ferdinand Noecker.

 

File 56
Release: re David C. Kuntz estate, dated May 5th, 1933, McBride & McGibbon, Barristers, etc., Waterloo, Ontario. - 1933.
Five copies, two signed, two unsigned, one a draft.

 

File 57
Mortgage: Emma E. Krueger to Mary McGibbon, Hamilton, Ont., dated December 14th, 1942, McBride & McGibbon, Barristers, Solicitors, etc., Waterloo, Ontario. - 1942.

 

File 58
Agreement: dated December 1947, McBride & McGibbon, Barristers, etc., Waterloo, Ont. - 1947.
Contains several documents relating to the will and estate of Henry J. Karges, Waterloo.

 

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