Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-05-21

Joseph H. Beamer. Plaintiff.
James DOniphan. John Doniphan. T. Z.
Murphy, Defendants.
The State Of Idaho sends greeting to James Don.
iphaD. John Doni phan. +. Z. ro.tl-. Morris A.
Reed, and John 4. Murphy. Defendants:
Yen are hereby required to appear in an action
tiff in the District Court Of the Fourth Judicial
Distrc Of the state Of Idau0 in AID TOR the ~
Of Alturas. and to answer the com rlsint filed
therein within TIN days exclusive Of the day Of
service) alter the service on you Of this summons
If served within this county; or. II served with
out this county but III this district wi hin twenty
days; ott-rwise, within forty days or judgment
by default vi! be taken against you according to
the prayer o. said complaint
The . id action Is brought to recover payment
Of certain sums Of money due and owing by you to
this plaintiff. alleging: That at all times men.
toned herein and in plaintih's complaint you
were the owners OF the busint - known AZ tn.
Canas No Mine. and that James Doniphan
acted NJ superintendent and general manager of
said mining business That prior to Decembe
LIST. 1890, defendants became indebted 20 Harry
Wilson on an account TO! work an labor ana mate.
rails done and furnished aud supplied defendants
at their ,eQu.st, and that on December LIST, 1870
said wills anu defendants fixed the aiLount VI
said Indebtedness At 1868 S. and agreed to pay the
same thin sixty days with interest 1t the ste Of
y per cent. per mouth and I" secure payment of
said sum defendants executed writing obligatory
and delivered the same to said Wilson; that
prior 20 bringing this action said wilson suld and
assigned said clam to this plaintiff that defend.
Al Is were Oh October 2Oth 1880, indebted to Harry
Wilson for work and labor T. supplies done, per-
formt d snd furnished to def enusnts by said vii.
son. III the sum OF $500; that defendant James
D"niphan delivered to said Wilson IN order on
the First National Bank Of bailey, for said S;iOD
that said order WIS presented 1t said bank aud
pay meht refused. for the reason that defendants
NOR James Doniphan had 10 funds ut said bank ;
that said claim WAS due October 10th. 1850. and It
was .gr. cd that said claim should draw interest
no Of
said claim has been paid; tina. Wilson sold ana
signed said claim to this plaintiff. That on Feb.
ruAry 3D. 1881 defendants IL d. bted to plain.
tiff by bal nee on account per bill rendered in
the sum of 81 40; that the same then due and
unpaid. I hat On November 10th, 1890. defendants
were indebted 70 LOUIS Rooney for work, labor
and mattri 10 done, performed and furnished, in
the sum OF sloo; that ON said cate snid account
Was allowed AID deftAuants executed aud deliv.
fred to said Rooney Nh order on First National
Bank Of HALEY for said sum; said claim 10
bear interest from SAID date; that pars of Rxld
claim has bee paid; said Rooney sold and xned
saiu claim TO plaintiff that January 9th, 1851,
defendants were indebted for work aud labor DC ne
| and performed by John Cline, IN the sum of
$l3G O6; that SAID labo, performed il 1890 and
kaid claim was due Januar! 9th, 1881; that part
Of said lnm has been paid; that said John Cline
sold and assigned sa ciaiMt this plaintiff. That
Oh Novemb, Is h, 1890. defendants were indebted
to Cline Inc, for work aud labor done and performed
during $780, In the sum OF S35; said set
tied ana agreed upon. and All order eiven said u.
Cline on the First National BanA Ct uiley signed
by Jam. D"niphan tile SAID claim all due
prior to Nov. nber 10th, 1880, and part there of
hns been paid; that sale claim was prior to Feb.
runry Id, 1891, sold and ASST to this plainti
That on Ce.t mber lst l>aO, defenunnts were in.
deLted to one j. :. Kessuli an account then set.
| tied. fxsd and allowed i'll the sum OF s54, and All
order given the First National Bank of h alley
and slRnsd by James Tom phan; that said claim
| was due on December lst. 1850; that no part
thereof has been paid; that said writing was pre-
scnted to said bank tor "a, m-nt and pay ment re-
| fused on account CT their having funds belong
ing 70 he defendants; said claim was on Febru.
AIRY I'd 1891. g. Id and assigned t, this plaintiff.
| That GU October 23th. 1880, defendants were in
debtad to f. +. Peck, on account that day set
tied and fixed in the of $lU5; that defendants
delivered to said Pee ord on the First Ma
tional Bank "f HALEY signed by James Donil han
that said order was presented to said bank and the
tank refnsed pa! nent; Tint said claim WAS due
ard no part thereof paid; tn said +. + Peck sold
and assigned hs sAu claim to this plaintiff. That
the following persons in the following sums. and
gave each OF them orders on the First National
ban. Bank OF HALEY; signed by J"u.s Donirhnm. TO-
isle. s35: Mrs NJ. d. Cline. s63 so; tnrhart X
Mcle"d $l2 55; }. NJ. Richardson, SIS 90; that
each OF thu se orders were given to cover ciuii.s
justly due, fixed and agreed npon that no part Of
any of s-Id claims has been PAID and that prior
to bringing action all of said claims mere sold
and assigned to one Ge". A. Mcleod. ana that o u
February I'd. 1891. said Mcleod sold aud sisned
the same TO this plaintiff. That on November lst
lesO defendants were indebted to l.. N. Lisle un
an account then $. tiled and hxed between them in
the sum of $50 that defendants de lverv d to said
Haley. st.htd b. James Doniph.n for said
amount; that said Lisle sold and assigned SAID
claim to John OBrien: th.t ON November 18th
1870, ce1endants 1" payment of al ind- btedntss
due by them to Mrs. u Cline. delivered to said
Mrs. e. Cline an order on the First National Bank
of H.iley. signed by james Donlphan IN th- sun,
OF Sl5; aid order WAS duly sold and asst gned to
John O'Brien. That IN November 10Th lsGO, the
defendants were il dsbte', I" one Harry Wilson, for
ants by said Wilson in the OF $40: this nd.
ants delivered 10 said Whom ss evidence of said
Halle, signed h. James Don't han for $40; that
said claim WAS duly assigned t. John O'Brien.
That on Fehruary lst 1881. defendants re IN
debttd TO John y l,ri-n on balance Of an account
fer goods. wares aud merch sntise sold and deliv-
| eltu by said O'Brien TO defendants during the
year 1880, i'll the sum of $l77 6o that said account
was all due prior I" September LIST, $50, ana that
| no iArt there. 4 has been paid; that on February
I'd, 1891 said UBrien sold AID ASST n.d ali of his
said claims pain,if that no ral of said claims
have been paid. That on Dect mler tn, 1890
defendants were indebted 10 Peter Hollis, all
count for work and labor. in the sum of $780, ia ri
| defendants denv.re to Hollis nn Greer on the
First National Bank CT HALEY. signed by James
Boniphan. i'll the sum OF $780, that the resite- sad
Hollis assigned sni cinim TO Harry Wilson, Ant
that afterwards, on Fehruar, ID 1891, said Wilson
SOLD AM sssi.n.d said claim to this plaintiff; thai
no part thereof has been paid. That Cd Jan uAry
3lst, ls9i. defendants were indeb ed to Harry
Wilson. on an account for work. labor and supplied
| furnished by Wilson to defendants. in The 3 o
$3.50 20: that tn, same Ia Al due no rart thtr.
has been paid: that on eb NARY Ind. 1891. sait
| Wilson assigned said ia m to this plaintiff Thu
on December 18TH 1880. def .dai.ts indie btet
| to one Green Cline. on an account agreed upon. il
the sum of f.Gs 80; that defendants delivered I,
| aid Cline three ora-rs on First National Bank o
| HALEY. signed by Inu, ruuiphan. in the fl How
ing sums. to- wit: 500 80 500, 500; that said Mrs
Il Cline il the wife OF said Green Cline; that tn,
said sums are understood to be and are balance
due after former orders were paia; that ON Decem
| Der 18th. 1880. all II said claims were past due
that none Il SAID claims nor any part thereof ex
cept 81 has been paid that said orders or VT. ting
were presented to said bahk and payment refus. d
that on February I'd, 1921. said Green Cline solt
and ms igue'. said orders writings to this plain
tn, Thst on December ltth ls.O. defendant
were indebted to one X. I. hi ks on an account il
the sum OF SOS so, stated and agreed upon, and de
II ndants deliver Il to said Hicks an order on tn
/ rst National Bank of HALEY for said sum, sicn.,
by James Doniphan: that said Hicks ass gn-d sal,
claim I" j. Eek; that on February I'd, 1881. sal,
j Fox assigned 3, id clam t. this plaintiff
that said writing WAS presented to said bank fu
payment and the sane re u,ed that part U
SAID clsim HIS been paid except SIS on Dec+mne
2ah. 1880. Thst n January 3lst 1891, defendant
dc tslt N Ir,xr