Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-05-29

S~N'S WIG pay H'cue VI Saiu pfOmlS-
sorry note and the moneys therein
mentioned, he executed deed, con-
veying to w. II. Greenlow and -
Mccormick, trustees, the property
described in the said deed; but de-
fendant denies that the said deed
from Jaikowski to said trustees en-
braced and conveyed an undivided
two-third of SAID two mines. Defend
ant AYERS that the said deed Of trust
conveyed the interest of Jaikowski
in and to an undivided two-thirds of
the North Star mine, but included
no interest whatever in the American
Eagle mine; and he further AYERS
that, in order to obtain the Sc, 900 on
Jaikowskis note, he was compelled to
indorse the note.
The defendant admits that he 1.-THE
defendant) received the $4,000 as
the agent of said Jaikowski, and
that said money was disbursed BY
him for Jaikowski, except part
paid to himself (Jaikowski), but no
part Of said $4,000 was applied to
the payment of any indebtedness of
said Jalkowski to j. D. Swift Il Co.
But the amount due by Jaikowski
being very much beyond the amount
stated by him, and largely in excess
of the $4,000 received by defendant,
the defendant was compelled to adj
vance large amounts of money, to
satisfy the demands of the other
creditors, after the $4,000 had been
paid out.
Defendant also AYERS that he de-
voted his time and credit with Nc
Cornick d co. in obtaining said loan
for Jaikowski, and much time and
trouble to the disbursement of the
moneys received by him, for Jai
kowskl, besides advancing additional
large sums-all of which was at the
solicitation Of Jaikowski.
Defendant admits that the plain
TIT in this action has never ascer-
tanned the amount of the claim of
}. .. Swift 4 Co., and admits that
the plaintiff in this action has, with
great propriety, refraineu from in
trudlng himself into the business re-
lations existing between said Jai-
kowski and this defendant. And
this defendant AYERS, that said Jai.
kowski has never requested him to
render any account OF the claim Of
j. y. Swift d Co., either to hims
Other s person sfg'a and nHrap9E Hef pE that to s
plaintiff has never, at any time, pre-
tended to have any authority from
j ,lkowski, to ask for any ac-
counting as to the matters referred
to; anu further AYERS that plaintiff
has never made demand upon de-
fvndunt therefor.
Defendant admits that, after the
disbursement of said $4,000, j. @.
Swift u Go. continued to advance to
said Jaikowski Gin addition to those
creditors of Jaikowski above herein
stately, further supplies for the pur-
pose OF developing said mining prop
critics, and admits that the sum due
to j. o. Swift IL Co., about August
l, 1881, was So, 598 Is, and AYERS that
this sum was paid to the firm by
}. o. Swift on or about September
II, 1881, and after the conveyance
by Jaikowski to said j. o. Swift, as
mentioned in said complaint.
Defendant denies that Jaikowski
ever made a deed to the property in
dispute, leaving the consideration
and the name OF the grantee in blank;
and defendant denies that he ever
made any representation respecting
the filing Of said supposed blanks in
any instrument of writing executed
by Jaikowski. Defendant AYERS the
truth to be as follows: That on or
about the day mentioned in plain
tiff S complaint, the said Jaikowski
made and delivered to defendant
deed whereby he (Jaikowski) pur-
ported to grant, bargain, sell and
convey to this defendant all his right,
title, claim and demand in or 10 the
North Star mine, but no interest in
any other property, Defendant AYERS
that his name was inserted in said
deed as grantee before the execution
of the same; and that the considera-
tion was also inserted therein. De
fendant AYERS that said deed ex-
pressly conveyed said property to
this defendant as agent, and admits
that it was intended thereby that
said property was to be held or dis
posed Of by this defendant as the
agent in trust for the said Jaikow-
ski.
Defendant AYERS that the objects
intended by said deed not having
been accomplished by a sale of the
property therein desc scribed, this de-
fendant retained the title thereby
conveyed to him of the North Star
mine until the 25th day of August,
1881, and that on that day. he, by
deed, reconveyed the same interest
back to Jaikowski, and thereby