Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-10-03
WINTERS vs.. SWIFT & CO,
THIS IMPORTANT MINING SrIT
DECIDED.
inc Decision In Favor Of J. o. Swift aud
L. Il. Clohccy. with Costs = Judge
Prickett's Decision In Full.


ms cause having been heard IN
on the pieadings, proofs and exhib
It's on the par, of the respective par
ties and upon the arguments of thei,
counsel, and the court having taker
the same under Amusement and hay
ing fully considered all and singula,
the premises, doth now at this dax
file its findings of fact and concln
slons OF law arising thcrefrom.
AS facts resulting from the evi.
dence on the TRIAL the court doth
| find
!. That the defendants are. and
have been for two years last past,
partners and traders doing business
under the name Of u. O. Swift H.
Co., at several stores at ditfercn,
places in Wood River in said coun.
ty, one Of which was at the town OF
ketchum, and there was no other
partner in their firm until after the
transactions which are subject OF
this action.
ii. That Wilhelm Jaikowski in the
year 1880 discovered and located the
North Star mine and afterwards
conveyed one third thereof to ON.
owen Riley, and during the same
year discovered the american
Eagle mine, and located it first in
his own name, but before RECORDING
1T he at the request of said RILEY
posted on this claim and recorded =
JOINT notice of location of himself
and said Riley, whereby they became
tenants in common Of said MINING
claim, said Jaikowski being the own
er of two-thirds of the North Stor
and onc-half Of the American Eaole
and said Riley owner Of onethird Of
the former and one half of the latter
claim; and they thereafter. til! the
summer of 1881, wo, ked said claim,
as mining partners and the title to
SAID mines continued without change,
tiil the transaction of the 18th OF
Sept 1881, stated in finding below
III. That in the course of WORKING
said mines Jaikowski prior to Sep
I, 1881, obtained large credits
amounting to between three and tour
thousand dollars, from the defep
Giants at their store in ketchum. the
beng debited to the North
Star mine. Jaikowski had also be.
come indebted to Pinkhann & Leon
ard. merchants of the same place. in
the sum Of SG0S2.9S, evidenced hv
PROMISE 5 ate dated Jaaiarv IN.
| 81, al s.le -'uted io tAe:a 4. ,rg,t
: age eNA'ei5 J, 81 one 'GsG,. o. rne
-teftlI Str la.nt to serufe ti,e sane.
y. That aoouL the Ist al March.
ssl. Jaikowski, being also indebt. |
ri to other persons, and being press
Ell for money--all negotiations for
he sale OF said mines having faile,l
employed defendant CIoherv as his
agent to negotiate a loan of $4,000
or him, at Salt Lake City. Utah.
md for the purpose gave him a DOW
II OF attorney exhibit A autloriz
ny him to sell, mortgage or other
wise dispose of all his interest in the
North Star mine, and at the same
l'ne represented that his entire
lebts amounted to only 81, 800. ana
hat such loan would furnish him
nough money to pay all his debts
nj $l.50O to develop said mines.
'or the same purpose he signed a
romissory note for $4,000, dated
larch l, 1881, payable to defendant
'lohccv five months after date. with ,
wo blanks, one as to the rate of in. |
crest, and the other as to the bank
1g house where payable, which on :
egotiations were filed by adding :
hree per cent per month in the first ,
lank, and Mccormick 4 Co. In the ,
econd blank.
Y. That Clohccy. pursuant to this !
gency, went to Salt Lake CITY. |
tab, and negotiated loan of So ;
w from said MCCORMICK 4 Co., de-
vered to him said promissory note .
18th the blanks so filed, and with )
is Endorsement thereon, and in or !;
er to secure the same, executed a
rust deed exhibit IL conveying
s interest in the North
tar mine TO William II. Greenhow a
nd George \. Mccormick. trustees.
18th power to them or to the sheriff
7 said county, to sell the same on :.
efanlt OF payment of the debt, at .
ublic sale at the place and on the I
otice therein specified, the money a
OF being obtainable on said loan I'M a
| the return of the trust deed and 0
4 abstract of title from the Recor- q
s office of said county. Clohecy. 6
his personl guaranty, obtained o o
ZOO thereof to apply to the press. !
g needs of Jaikow>ki, and paid of l
id mortgage to Pinkham 4 Leon. 81
d. and afterwards as the agent of c.
,ihowski received the balance of o
e loan and paid out the same on i.
,ikowski's debts to sundry per- !.
ms. n
VI A ffar The Ya;l- oucl,, ~, oon Of