Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-09-25
WILSON 4 KIEHETS NOTE.
c. A. JENKINS WANTS THE COURT
TO CHANGE ITS TERMS.
1t Was Drawn Too Loosely to Suit Him,
in View of the Present Con-
dition of Things.

c. A. Jenkins, through his attorneys, S.
S. Holl and johnson, Johnson & Johnson,
yesterday filed in the Superior Court long
petition, asking that tribunal to order GER
tain words inserted in note and chattel
mortgage executed by Wilson & Kinney in
favor of plaintiff on the first day of April,
of this year.
The facts appear to be that Wilson &
Kinney paid Jenkins $1,000 on the pur-
chase price of the furniture in the hotel,
horses, omnibus, ETC., and gave a chattel-
mortgage on the whole, to secure the pay
ment of balance OF $4,000, for which a
note was given, in the following terms:
SACRAMENTO. April i, 1890
On or before five (5) years after date without
grace we promise 10 pay to the oroer of c. A
Jenkins ten thousand dollars (sl0000), for value
received, with interest at six and one half per
cent. per annum, until paid. both principal and
interest payable only in the United States gold
coin. s. L. KINNEY,
r. q. WILSON.
Under the terms of this note it is held
by Wilson & Kinney, their right to the use
of the furniture Gin the hoteD cannot be
QIsluIOCu w until luC
of the term mentioned in the nete-fve
years. Whoever should use the furniture,
they say, must pay reasonable rental
therefore-say 500 per month. Jenkins
now appeals TO the Court to rectify what
he alleges to have been an oversight in the
drawing of the note. In his petition he
says:
That it was agreed and understood, as a part
.. 10
said promissory note should DE paid monthly in
advance; that by mistake and inadvertence of
the scrivener who drafted said promissory note
the words monthly in advance were omitted
Jenkins, i'll his petition, also alleges that
the chattel mortgage executed by Wilson
& Kinney does not include the omnibus,
two horses and harness purchased Of him
by the defendants, as it should. He there
fore asks the Court to make the following
orders:
First-That the promissory note (de-
scribed above) be reformed and corrected
by inserting the words payable monthly
in advance" Immediately after the words
six and one half per cent. per annum."
Secoud-That the chattel mortgage Ia
copy of which is attached to the petition)
be reformed and corrected so as to include
zone omnibus, two horses and one set of
harness"
Third-That the said mortgage, thus re-
formed and corrected, be foreclosed, and
that plaintiff have Judgment against Will
son & Kinney for the sum of $4,000 and
interest amounting to sos 30, and costs of
suit.
Plaintiff Jenkins also asks the Court to
appoint receiver TO take possession of the
property and have the same sold under an
order of the Conrt for the benefit of plain
tiff.
CREDITORS WANT RECEIVER.
Another petition was filed in the Supe-
rior Court yesterday by Christianson, Diers-
sen & Co., H. Weinrich & Co., Dierssen g.
Co., Buffalo Brewing Company and Charles
NJ. Campbell, creditors of Wilson & Kin
ney. asking that George F. Bronner be ap-
pointed receiver to take charge of the bust
ness and property of Wilson & Kinney and
to conduct the hotel for the benefit of the
creditors.
This petition is made because of another
attachment that was about to be levied by
one S. c.. Pelton under a judgment for S125
rendered in Justice Henry's Court on the
23d inst.
PELToN PLASTER PUT ON.
The Sheriff yesterday levied upon the
claim of Wilson & Kinney to leasehold of
the State House Hotel, and whatever prop.
erty they may have therein, to secure the
payment of q judgmentrendered by Justice
Henry in favor of S. c. Pelton for $125
and costs, amounting in all to 1872 80.