The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-09-06
As II MIGHT EVENTUATE.
Republicans in Court Over a Prom
issory Note and Expenses
Of 1883.
They Understood tho Amount
Would Be Made Good by
those Benefited.
The Note Comes From tho Bank to u Wo-
man Who Claims q Balance
Due.

growing out OF the political campaign of
1888 when Commodore Il. g. Power was
treasurer of the republican central COM
and w. A. Clark and r. II. Carter
were running for delegate to congress.
Power and his republican friends found it
to furnish funds to pay some
debts and a promissory motto was made to
tho commodore. On the note were such
staunch republicans as Il. W. Beattie. l.. IL.
Hsrshdeld, A. j. Seligman, II. II. Carter, II.
M. Pnrchen, Z. II. Kleinschmidt, W. L.
Sanders, @. X. Cole, W. G. Gillette. Hugh
K%irkendall, II. Barbour, Il. p. Fuller, M.
II. Keefe. A. M. ThefnburRh, z. L. Burton,
j. P. Woolman, w. u. Downs. Il. ID. Weed
and Peter Larson. The note was dated
Dec. "a, 1888, for $1,000 with interest at the
rate Of u ler cent. Per annuln. 1t was
endorsed. ''T. G. Power. Treas, without
recourse on me personally for the whole
amount" The Merchants National
bank transferred it to j.. w. kinsley,
endorsed without recourse to the
bank" II is now held by Carrie Kinsley,
who brought suit against the signers of thu
note, including Power, for $476. Is. the bal
ance due on the note with interest from
March, 1891. An answer has been made By
three of the d~fendants. 1t says: "Nov
come the said Z. w. Beattie, G. X. Cole, z
r. Burton and T.. p. Fuller, certain of tn
defendants named in the complaint flet
herein and for their answer thereto state Il
the court. They admit the execution an
delivery of the note set forth and described
in the complaint, but aver that it WAS exc
cuted and delivered under the following cir
cumstances and not otherwise: During tn
political campaign of the year 1885 in tn
territory now state of Montana the com
mittee having in charge the collection, pay
ment and disbursement of the funds inci-
dent to the proper and legitimate conduc
of the campaign incurred debts and obliga
tions that it was then unable to meet an
for which no sufficient funds had been pro
vided. 1t became necessary to anticipat
certain contributions which were forthcon
ing for the purpose aforesaid n j
pursuance thereto the persons in charR
Of the said matters. to-wit: The said com
mittee by its treasurer made overdrafts !
order to pay the debts and obligations SO a
aforesaid incurred, which checks OF tn
treasurer were paid as presented until sal
account SO overdrawn amounted to the sur
VI dDOuu cG,OOO al UAO AAo1OAnAlbo Nv
bank of Helena. Therefore IN the Oath da
| of December, 1883, the said committee di
| prepare and offer to these answering de
PENDANTS the note set forth in the com
plant and obtained their signatures there
to with the express and we'll understood
agreement that they would not have any O
said sum of money and interest to pay
upon the maturity Of said note, but tina
said note would be fully paid and Statistic
by the committee whose names we're there
on written as joint makers, who deposite
| said note at the Merchants National ban
to cover their overdraft as aforesaid, an
upon which note nc money was loaned t.
payee or makers thereof and no cOnsidera
ton otherwise than as stated passed be
tween the parties thereto and these answer
ing defendants.
1t was understood aud agreed between
said committee and the said bank by it
officers and agents and these defendants a
the date aforesaid, that said makers ant
signers of the note aforesaid were not to b
required or held to pay any part or portion
thereof, but that said sum so overdrawn il
the first instance to pay the necessary an
proper expenses incident to the matter
aforesaid was to be replaced and mad
good, and snid note 30 in that manne
paid, by those for whose benefit Gas it Nigh
eventuate) the said services proved beneti
cial and profitable according to law. Tha
JueE0NlJ6E tAo hdlu HlcICAbllbo NOsAOA
| bank transferred and assigned said not
after the same became due to J. w. kins
ley for the purpose of bringing an acton
thereon, and said j. w. Kinsley thereafter
and after said note was long past due, en-
dorsed, transferred and assigned the sal
note to Carrie e. Kinsley, plaintiff, who a
aud before said date had full knowledge o
all the facts aforesaid.
Mr.. Power makes a separate answer ii
which he admits the execution of the note
and SAYS it was agreed and understood be
tween the makers of the note that eacl
should pay his ptoportionate amount, 800
but that he paid more than his proportion
That the note was transferred long afte
maturity. and of which the parties all hat
knowledge. A decision is expected in tn
| case some time this week.