Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-09

Joseph b. Besmer. Plaintiff,
FISH,; s:;:::: s:: ia ;:s:
Murphy. Defendants.
The state Of Idaho sends greeting to James Don.
iphsn, John Doniphan. +. E. Tootle, Morris A.
Reed, and John T. Murphy. Defendants:
Yeu are hereby required to appear in an action
% IT. Of the
District of the State Of Idaho In and for the county
Of Alturas. and to answer the complaint hlsd
therein within ton days exclusive Of the day Of
servce) after the service on you Of this Summons
If served within this county; Or II served with.
this county but th; district within
by default viii be taken against you according to
the prayer Of said complaint.
| The said action Is brought to recover payment
Of certain sums Of money due and owing BY You to
this plaintiff, alleging That q oil times men.
toned herein and in plaintiffs complaint you
| were the owners OF the business known a. the
Camas No. 2 Mine, and that James Doniphan
! acted superintendent and general manager Of
said mining business. That prior to December
lst $780, defendants became indebted to one Harry
Wilson on account for work and labor and mate
rails done and furnished aud supplied defendants
said Wilson and defendants dxed the amount Of
said indebtedness At 1868 65 and agreed to pay the
within sixty days with interest At the rsts Of
TX per cent. per month, and to secure payment OF
said sum defendants executed writing obligatory
| and delivered the same to said Wilson; that
prior to bringing this action said Wilson sold and
assigned said claim to this plaintiff; that defend.
ants on October Goth, 1880, indebted to Harry
Wilson for work and labor aud supplies DONE per-
formed and furnished to defendants BY said vii.
\ Doniphan delivered to said Wilson an order ON
the First National Bank Of HALEY. for said $500;
payment refused. for the reason that defendants
| nor James Doniphan had funds at said bank:
that said claim was due October 10th, $780, and It
was agreed that said claim should draw interest
At per month from said date; that no part Of
said claim has been paid that Wilson sold and a.
signed said claim to this plaintiff. That on Feb
rusry I'd, 1891, defendants were indebted to plain
tiff by balance on account - per bill rendered in
the sum of 50 10; that the same wss then due and
were indebted 10 Louis Rooney for work, labor
| and materials done, performed and furnished, In
| the sum of $l0O; that on said cate said account
| was allowed and defendants executed and deliv-
| cred to said Rooney an order on First National
Bank OF HALEY for said sum; said claim to
bear interest from said date: that part Of said
said claim to plaintiff. That January 9Th. 1891,
defendants were indebted for work and labor, done
| and performed by John Cline, in the sum Of
sl36 06; that said labor performed in 1890 and
said claim wss due January 9th. 1891; that part
OF said claim has been paid; that said John Cline
ssld and assigned said claim to this plaintiff That
on Novembt 10, h, 1890. defendants were indebted
to G. Cline for work and labor done and performed
during 1890, in the sum Of S35: said sum was set
tied and agreed upon. and an order given said g..
Cline the First National Bank Of alley, signed
by James Doniphan; the said claim was all due
has been paid; that said claim was prior to Feb.
rusry 3D. 1891 sold and assigned to this plaintiff.
That on December LIST. 1ssO, defendants were in.
debted to one J. g. Redsull account then set.
tied, fixed and allowed in the sum Of $54. and an
order given en- the First National Bank of Hailey
aud signed by James Doniphan; that said claim
was duo on December LIST, 1880; that no part
thereof has been paid; that said writing pre-.
scented to said bank for pay ment and pay ment re.
fused on account CT their having funds belong.
ing to the defendants; said claim was on Febru-
airy Cd. 1891. scld and assigned to this plaintiff.
That on October 25th, 1880, defendants were in.
debted to F. F. Peck, on an account that day set
tied and fxed in the sum Of sos; that defendants
delivered to said PecA ord. on the First Ma.
tional Bank Of HALEY. signed by James boniphan;
that said order was presented to said bank aud the
bank refused payment; that SAIL claim was due
and no part thereof paid tn: said +. F. Peck cold
and assigned his said claim to this plaintiff. That
defendants in the year 1890 became indebted to
the following persons in the following sums, and
gave each Of them orders on the First National
wit: Mrs. q. cline. $40; Fred Nesee, SO: L. N.
Isle. Ss5: Mrs. NJ. B. Cline, $G3 50; ksrhart &
Mcleod. $l2 IS; J. NJ. Richardson, $25 90; that
justly due. fixed and agreed upon; that no part Of
any OF said claims has been paid, and that prior
to bringing this action all Of said claims sold
and assigned to one Geo. A. Mcleod, ana that on
February I'd, 1891, said Mcleod sold and assigned
the same to this plaintiff. That on November lat,
1880. defendants were indebted to L. n Isle. on
an account then settled and fixed between them. ia
the sum Of $50; that defendants delivered to said
Isle an order on the First National Bank OF
amount; that said Lisle sold and assigned said
claim to John O'Brien; that on November 18th,
1880, defendants IN payment of an indebtedness
due by them to Mrs. u. Cline. delivered to said
Mrs q. Cline an order on the First National Bank
Of HALEY, signed by James Doniphan, In the sum
Of $40; said order was duly sold and assigned to
John O'Brien. That on November 10th, 1850, the
defendants were indebted to one Harry Wilson, for
work and labor done and performed for defend.
ants delivered TO said Wilson Is evidence Of said
claim an order on the First National Bank Of
HALEY. signed by James Doniphan for $40; that
That on February LIST. 1891. defendants were in.
debted TO John 0'Brien on balance Of an account
Tor goods. wares and merchandise sold and deliv.
year 1890. In the Of SIT IS; that said account
vas all due prior to September LIST. 1880. and that
3D. 1891. said O'Brien sold and assigned ali Of hid
said Claims to plaintiff that part of said claims
have been paid. That on December. seth, 1880.
defendants were indebted to Peter Hollis on an &C.
count for work and labor, in the OF 500; that
defendants delivered to Hollis an order on the
Donphan in the sum Of soe that ~ ,.s
Hollis assigned said claim to Harry Wilson, and
that Afterwards, on February I'd. 1891. said Wilson
no part thereof has been paid. That on January
3lst 1891. defendants were indebted to Harry
wilson on an sccount for work, labor and supplies
furnished by Wilson to defendants, In the sum Of
$460 l0 that the same IL all due and rart theref
has been paid: that on February End, 1891, said
Wilson assigned said claim to this plaintiff That
to one Green Cline. on an account agreed upon. In
the sum Of 1867 3o that defendants delivered to
said Cline three oruers on First National Bank OF
HALEY signed by jnmcs roniphan. in the follow.
ing sums, to- wit St9 &c. 500, 500; that said Mrs.
g. Cline - the wife OF said Green Cline that the
said snles ere understood to be and are balances
due after inner orders were paid; that on Decem.
Der 18th. 1890, all Of said claims were past due;
that none OF said claims nor my part thereof ex.
cept " has been paid: that said orders or writings
were presented to said bank and payment refused:
that on February 3D. 1891, said Green Cline sold
and assigned said orders writings to this plain.
TN. Ihat on December 10th. 1880. defendants
were indebted to one Il. l. Hicks on an account in
the sum of sos 80 stated and agreed upon. and de-
iendants delivered to said Hicks order on the
FIRST National Bank Of HALEY for said sum- signed
ny James Doniphan: that said Hicks assigned said
claim 70 j e. Fox that on February I'd, 1891, said
y O. Fox assigned said claim to thie plaintiff.
nat said writing was presented TO said bank for
payment and the came refused. that no part Of
said claim has been paid except S?5 on December
s.d, 1870. That n January 3lst, 1891, defendants
were indebted to N. J. Brown. ~ account for
services as physician and surgeon during tho
year IN the sum OF $9s that said claim was dne
november LIST. 1880; that part of the same has
been paid; that on f. bruary I'd 1891 eaid brown a.