Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-10-30
TuE EnURIS.

sCousr ~ GzrEsA1 Tan rae ayn,1n. gtt
Contract Z9sc- Tony, DE case OF John All
msD v. Thai & tEAfi-y--be.teF known a.
the ''M.LtsEa lda ,.ouiract' eas--is oalug
argued Sels.s The Coat 30. ti-r-rai term IN
full D. nCb. ~ Mes>Tx. A. q. Riddle. X. T.
MerTiek, al l.. q. Eine for plainan, aud
ant. I as ceSs was commenced about TWO
years siI C.. aGd the plaintiff IA hts blil sets
forth thai Huntley. ia februHy, l-67, obtained
a contract from the Post Ofiies Department for
carrying the Unitet States mails over route
l., Az, once per .ses. At -l3.Ise; that piai1tlh
wac acquainted with the route, having
pre- viCusiy had the contract for carrying
the mails over IL, md having had large
experience IN the staging business defendant
sought him as a partner, and u partnership
was entt red into on the 10Th day OF February,
1867; tina. both parties were to de vote tnrit
entiTe time al attention to the business u the
fiji m; and Il being considered advisable plaza
TIT went 10 san Francisco, where ns pur-
chased coaches, aorses. &c, using hi. indi.
vIdGal funds; that defendant was 10 organize
the business a. the eastern end Of the route;
but be, without tee knowledge and consent Of
plaintiff, SUD lie. such contract to Witcher
Il Clark for $500 per year, leaving 10
defendant $500 per year profit; thar he
did not know OF this transaction until ne
met Clark in WASHINGTON Territory 10 July
following; that immt diat-ly he proceeded to
Helena, where he saw Hultly, who IN expla.
Lation OF his action said that Ne had Ut heard
from plaintiff; ieat he proceeded TO cJllse, and
care Tor the prop rty, and has fire. la-ntiy pro-
posed to exhiei his receipts. &c 4, and taa: de-
fendant exhi bt his and CD rzss ID II iefpnd tnt
bas received 81 20 and up wards belonging 20
tie prchts, and refuses to account tor same.
He charges that the contract has been anne uded
by doubling the service and Increasing the
amouEt to foriy-tnree thousand dollars,
and that he is entitled to one-half ths proais
In supplemental bill plaintiff charges that
defendant executed a power of attorney to
Dodge and Mcclellan to receive money from
the Post Once Department tor the purpose of
defrauding him, and he prays that they may
be made par,!e' 10 the suit To these bills
Chapman, Hosmsr & 90, for defendant, file \
demurrer that the comp claimant, il his bill has
10; made case which entities him to relief,
as the contract WIS an agreement 10 form q
legged breaches Were committed before that time.
On the 2lst OF 3nuarY, 1867, an in Jun elton was
issued restraining Huntiy and Dodge aud Nc
Leiian frCn receiving any money on account
OF said contract, and Mr.. George w. Riggs was
appointed receiver. On the gath Of January
following, EuDtly filed his aas wer, in which
he denies generally the allegations Of the bill
swer, deny that in receiving DO wer Of attor.
ney from Huntly that there was any intention
to defraud Alimon or any one. A motion made
10 dissolve the injunction was oyerruled, and
several amended bills aud answers were fled
A large amount Of testimony was taken, and
Judge DIN made a decree dissoi wing the CO.
partnership, and referring the case, auditor to
expenditures. Huntly appealed from the de
cree, and hence he case is before the Court In
General ERIN.
ORPHANS Court, JUICE Purcell TOE day W.
tanner was appointed guardian to orphan Of
George Baur; bond $4,000 The first account
OF guardian to orphans of Wm. Higgins WAS
approved and passed.