Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-06-02

Joseph n. Besmcr Plaintiff.
James Doniphsn, John Doniphsp, T. E.
Tootle. Morris A. Reed. and John T.
| Murphy, Defendants.
The State Of Idaho sends sresting to James Don.
iphaD. John DontphAn r. z. TOotle, Morris A.
Reed, and John T. Murphy. Defendants:
You are hereby required to appear in IN action
brought against you by the above named plain
tiff in the District Court OF the Fourth Judicial
District of the state Of Idaho in and for the county
Of Aiturns. and to answer the conslsint aled
| therein within tan days exclusive of the day Of
servce) after'th service on you of this Summons
If served within this county; or, II served with
out this county. but in this district within twenty
days; otherwise within forty days or Judgment
| the prayer of said complaint.
| The id action Ia brought to recover payment
Of certain sums Of money due and owing by you to
this plaintiff. alleging That ut all times men,
| toned herein and In plaintiffs complaint you
were the owners OF the business known az the
Csmas No. Mine, and that James Doniphsn
acted rs superintendent and general manager of
| said mining business. That prior to Decem her
lst 1890 defendants became indebted to Harry
Wilson on an account for work labor and mate
rails done and furnished and supplied defendants
at their iequ+st. and that on December lst 1880.
said indebtedness 1t 1868 &c. and agreed to pay the
same thin sixty days with interest at the ste OF
= per cent per month. and to secure payment Of
| said sum defendants executed writing biigatory
and delivered the same to said Wilson: that
prior to bringing this action said Wilson sold and
assigned said claim to this plaintiff: that END.
ants were on October Goth 1880, indebted to srry
Wilson for work and labor aud supplies done per.
formed and furnished to defendants by said Will
son, In the sum of $500; that defendant James
DOniphan delivered to said Wilson an order on
the First National Bank of HALEY. for said 5000;
that said order was presented ut said bank and
payment refused. for the reason that defendants
nor James Doniphan had funds at said bank:
that said claim was due October 10Th. 1850. and it
was agreed that snid claim should draw interest
at per month from said date; that no part of
said claim has been paid; thai Wilson sold and a.
signed said claim to this plaintiff. That on Feb
ruxry 3D. 1891, defendants were ind Sbted to plain
tiff by balance on account per bill rendered in
the sum of So 40; that the same was then due and
unpaid That on November 26th, 1880, defendants
were indebted 10 Louis Rooney for work labor
and materials done, performed and furnished in
the sum OF 500; 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 no part of said
claim has been paid said Rooney sold and assigned
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
1886 OF; that sald labor performed in 1890 and
said claim was due January 9Th. 1891; that no part
OF said claim has been paid; that said John Cline
sold and assigned 50 cIai n { this plaintiff That
on Novemb.r Is h. 1890. defendants were indebted
to u. Cline for work and labor done and pert ormed
during 1880, in the sum OF $35; snd sum was set
tied and agreed upon. and an order given said q.
Cline on the First National Bank of alley signed
by james Doniphan; the said claim all due
prior to November 18th, 1890, and part there of
has been paid; that said claim was prior to Feb.
ruary I'd 1891, sold and ASST TO this plnintif
That on december LIST, le9O, defendants were in.
deLted to one J. 8. Re9sul an account then set.
tied, fixed and allowed in the sum Of s54. and an
order given n the First National Bank of HALEY
and signed by james oniphan; that said claim
was due on December LIST. 1880; that no part
thereof has been paid; that said writing pre-
scented to said bank for payne mt and payment re-
fused on account CT their having no funds belong.
ing to the defendants; said claim was on Febru-
AIRY "a. 1891. st Id and assigned to this plaintiff
That GU October 25th, 1880. defendants were in
debted to f. +. Peck, an account that day set.
tied and fixed in the sum of $l05 that defendants
dellvt red to said Pech an ord. the First Ma.
tional Bank of HALEY. signed by James Doniphan:
that said order was presented to said bank and the
and no part thereof paid; tn said +. Peck sold
and assigned his said claim to this plaintiff That
DE, in the year 1890 became indebted to
gave each of them orders on the First National |
Bank OF HALEY; signed by James Doniphan. to- ,
wit: Mrs. G.. Cline. $40; Fred. Nease, SiO; l.. N. !
Lisle S35; Mrs. NJ. b. Cline, SG3 SO: Earhar, 4
Mcleod, $l2 SIS; J. NJ. Richardson, $50 90: that
each OF these orders were given to cover claims
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 were sold
February I'd, 1891, said Mcleod sold and assigned
the same to this plaintiff. That on November lst
1890 defendants were indebted to l.. N. Isle, on
nm account then settled and fixed between them in
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 OBrien: that on November 18th
1881, oeiendants in payment of an Indebtedness
due by them to Mrs. u. Cline. delivered to said
Mrs. e. Cline an order on the First National Bank
Of HALEY. signed by James Doniphan, in the sum
J ohm O'Brien. That ON November 10Th, 1880. the
defendants were indebted to one Harry Wilson for
work and labor done and performed for defend.
ants by said Wilson, in the of $40 that defend,
ants delivered TO said Wilson M evidence of said
claim an order on the First National Bank of
HALEY. signed by James Doniphan for $40: that
mad IN Inhv n Rate, |
That on February LIST. 1891, defendants were in
debted 10 John e'Bricn on balance of an account
Tor goods wares and mercb andise sold and deliv-
cred by ssid O'Brien to defendants during the
year 1880. in the sum of $l77 6s that said account
vas an due prior to September lst 1890. and that
no part thereof has been pad; that on February
I'd. 1891. said OBren sold aud assigned all Of his
said claims to plaintiff that part of said claims
have been paid. That on Decs mber 3 th 1890 |
defendants were indebted to Peter Hollis on an ac
count for work and labor in the sum Of 300: that
defendants delivered to Hollis an order on the !
First National Bank of Haley, signed by james |
Doniphan, IN the sum of $780, that thu said
Hollis assigned said claim to Harry Wilson, and |
that afterwards, on February I'd 1891 said Wilson
sold and assigned said claim to this plaintiff: that
no part thereof has been paid. That on January |
3lst, 1891, defendants were indebted to Harry |
wilson on an account for work labor and supplies
furnished by Wilson to defendants in the sui of
sieo 10: that the same is all due and Fart theref
has been paid that on February 2nd 1891 said
Wilson assigned said claim to this plGiEtiG That
on December 18th, 1880, defendants were Indebted
to one Green Cline, account sureed upon in
the sum of s2G7 80; that defendants delivered 10
said Cline three oraers on First National Bank of
Haiiey signed by lanes H@niphan. in the follow |
ing sums, towt: SG9 3d. 500. 800; that said Mrs
u cline is the wife OF said Green Cline; that the
SAID sums are understood to be and are balances
due after former orders paid; tb Mt on Decem.
Der 18th. 1890. all Of said claims were past due:
that none OF said claims any part thereof ex.
cept W has been paid; that said orders writings
were presented to said bank and payment refused:
That on February I'd. 1891, said Green Cline sold
and assigned said orders or writings to this plain.
tin That on December 10th. 1890, defendants
we're indebted to one r. l. Hicks on an account in
the sum OF $63 80, stated and agreed upon and de-
PENDANTS delivered to said Hicks an order on the
FIRST National Bank of HALEY for said sum, signsd
ny James poniphAn: that said Hicks assigned said
claim TO j. q. Fox; that on February Cd 1881 said
j. u Fex assigned said claim to this plaintiff;
that said wiring was presented to said bank for
payment and the same refused that no part of
SAID claim has been paid except $25 on December
nd, 1890 That on January 3lst, 1891, defendants
were indebted 70 Brown. on an account for
services as q physician and surgeon during the
year 1880 In the sum OF sos; that said claim dne
November LIST, 1850: that no part of the same has
been paid that F bruary I'd 1891 said Browp ..