Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-05-18

Joseph n. Beamer. Plaintiff,
James Doniphsn. John Doniphan. T. E.
| Tootle. Morris A. Heed. and John T.
| Murphy, Defendants.
The State Of Id tho sends greeting to James Don.
iphan. John Doniphan 4. Z. Tootl-, Morris A.
Reed, and John I. Murphy, Defendants:
Yen are hereby required to appear in an action
brought against you by the above nam. d plain-
tiff in the District Court OF the Fourth Judicial
district OF the state of Idaho in tor the cou ty
Of Aiturss. and to answer the complaint filed
therein within TIN days exclusive OF the day OF
servicel after the service you Of this Summons
If served within this county or, II served with
ont this county but III this district vii hin twenty
days; Otherwise. within forty days or Judgment
| by default vii be taken against you according to
the prayer OF said complaint
| TIE q Id action Ia 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 plaintiffs complaint you
were the owners OF the business known the
Canuas No Mine, and that James Doniphsn
acted as superintendent and general manager of
said mining business. That prior to December
lst 1870 defendants became indebted 10 Harry
Wilson on All account fof work au labor ana mate.
rails done and furnished and supplied defendants
at their equ-st. and that on December LIST, 1850.
said Wis II anu defendants fixed the an.ount Ut
said Indebtedness at 1868 85 and agreed t. pay the
same thin SIXTY days with intere st ut the ste of
y per cent. per mouth, and t. secure payment of
said sum defendants executed writing obligatory
and delivered the same to said WILSON: that
prior bringing this action said Wilson sold and
| assigned said claim to this plaintiff that defend.
Auts were October Goth 1880, indebted to Harry
Wilson for work and labor ara supplies done. per.
formed and furnished to defendants by said vii.
son, III the OF $500; that defendant James
Doniphan delivered to said Wilson an order on
the First National Bank Of HALEY, for said $3OO
that said order was presented at said bank and
pny mtht rtfused, for the reason that defendants
nor James Donjphsn had no funds ut said bank ;
that said claim WAS due October 10Th, 1880 and It
was ayr, ed that said claim should draw interest
Mt per month from said date. that no part of
SAID Claim has been paid tina. Wilson sold and as
signed said claim 10 this plaintiff. That on Feb
rnhry %, 1881, defendants we've II d. bted to plain
TIN by bal nee on account as per bill rendered in
the sLm OF IS 40; that the same WAS then due and
unpaid That on November goth, 1890. defendants
were indebted 20 Louis Rooney for wark, labor
and mater Is done, performed and furnished. in
the sum OF 800: tnAt on said tAte suid account
WAS all wed ard defendants executed and deliy.
cred to said Rooney an order on First National
bear interest from said date; that no pare of said
claim has bee paid said Rooney sold and asst sned
sale clnim to plaintiff 'rhat JAnusr, 9th. 1851.
defendants were indebted for work and labor done
and performed by John Cline, in the sum Of
Sl3G o.; that said labo, performed III 1890 and
said claim was due Januar! 9Th. 1881; that part
OF said lain has been paid that said John Cline
sold and assigned sa ciaint this plaintiff. That
on Novenlbt Is h, 1890 defendants were indebted
t. g. Cline for work and labor done AID pert or,uod
durin. 1880, In the sum OF $50; said set
tied ana agreed upon and nn order given said q
Cline on the First National Bank Of ailey signed
by Jamt Duniphnn: the SAID CLAIM was all due
prior to Nov. nber 18th, 1890, and part thereof
has been paid; that sale claim was plior to Feb.
runry I'd. 1871, sold and assigned to this plaintin
That ON December lst l>.O, defendants were in
dtbted to one j. y. Re0suli account then set.
tied, fixed and allowed IN the sum OF $jA, and an
order given II the First NationaI Bank of haley
and signed by James Tom lhan: that said claim
was due on December list. 1880; that no part
thereof has been paid that said writing was pre-.
scented to said bank for "a end pay lnent re.
fused ON account cf their having no funds belong
ing to 'he defendants; said claim was on Febru-
AIRY I'd. 1891 81 Id and assigned t. this plaintiff
That on october 25th, 1880, defendants were in.
debted to F. F. Peck. on nn account that day SET
tltd ana hxed in the sum OF Sluo; that defendants
delivered to SAID Pee an ord r on the FIRST M
tional Bank nj HALEY, signed by James Don't phau:
that said order was presented to said bank and the
bank refused pay 1nent; that said claim was due
ard no pIrt thereof paid; tn said r.. + Peck old
and assigned his ssid claim to this plaintiff That
Defendants in the year 1890 bc.a,ne ind- bted to
the following persons i'll the folowin-. sums ana
EnVt each OF them orders on the First National
Bank OF HALEY, signed by James Doniphan. TO-
Isle. sj5; Mrs. NJ. Il. Cline, 500 80; Larhnrt 4
Mcleod, Sl2 So: J. NJ. Richardson, SIS 90; that
each OF these orders were given to cover clail.s
justly due, fixed and agreed upon: that no part of
any Of sad claims has been paid, and that prior
to bringing thus action all Of said claims we're sold
and assigned to one Geo. A. Mcleod. and TINT Oh
February I'd, 1891 SAID Mcleod sold aud assigned
the same TO this plaintiff That ON November lst
lsg0. defendants were indebted to l.. n Lisle, On
an account then settled ana hxed between them, in
the sum of $50; that defendants deiiversd to said
Isle an oraer on the First National Bank of
Harley. signed by James Doniphan for said
amount; that said Lsle sold aud assigned SAID
clniin to John O'Brien: that on November 18th
1890, defendants IL payment Of an Indebtedness
due by them to Mrs. u. Cline. delivered to said
Mrs u. Cline an order on the First National Bank
of HALEY, signed by James Donp an IN thu sum
of sl5; laid order WAS duly sold and assigned to
J,hn O'Britn. That IN November goth 1890 the
defendants were il dehtea to one Harry Wilson for
work and labor done and performed for defend
ants by said Wilson in the sum OF S40 that defend.
ants delivered 10 said Wilson Ms evidence of said
G. aim an order on the First National Bank Of
Halle. signed by James DoniphHn for $40; that
said claim WAS duly assigned to John U'Brien
That on February LIST, 1891. defendants were in
debted 10 John e'Brien on balance Of an account
for goods, wares and merchandise sold and dtliv.
erea by said O'Brlen to defendants during the
year 1880 in the sum of SLIT IS; that said account
vas all due prior to September LIST. 1870, and that
no fnrt Thereof has been paid; thHt on February
I'd, 1891, said o'Brien sold aud assigned all Of his
said claims to plainnff; that rait of said claims
have been paid, That on Dect mber 3 ill., 1880,
defendants were indebted to Peter Hollis on an nc.
count for work and labor, IN the sum of 800; that
defendants delivered to Hollis an oroer on the
f'rst National Bank OF HALEY, signed 10y James
DoniphAi. in the sum OF 500; that erehfer said
Hollis assigned sal. cInim to Harry Wilson, and
that afterwards. on February I'd 1891, said Wilson
sold and sssi .ntd said claim to this plsinti that
no part thereof hiss been paid. That January
3lst ls9l. defendants We're indeb' ed to Harry
Wilson. on nn account for work, labor and supplies
uF1llsHeu py wilson 10 utIehdhnfs, IN the of
s460 90 that thu same is all due and no rart ther.f
has been paid; that on +. bruary End. 1891, said
Wilson resigned said lain to this plaintiff That
On December 18th, 1880. dcfe tdants were indebted
to one Green Chine. on an account agreed upon in
the sum OF $267 80; that defendants delivered to
aid Cline three orLtrs on First National Bank OF
HALEY, signed by James roniphan, in the follow
Ing sums, to- wit: $40 &c. $780, 800; that said Mrs
@ Cline ia the wife of said Green Cline: that the
said sums are understood TO be and are balances
due after former orders were paid; that on Deeem
Der 18TH lS.U, all II said claims q
that hone # said Claims nor any part thereof ex
etpt 81 has been paid that said orders or wr,tinpa
were presented to said hank and payne mt refuse d.
that on February I'd. 1881, said Green Cline sold
and assignee said ordt writings To this plain.
TIM That on December ltth ls.O, defendants
WIRE indebted to one X. l. til ks on au account in
the sum Of Sos so. stated and agreed upon and de-
i.ndants deliver 70 said Eitls .u order on the
FIRST National Bank of HALEY for said sum, signed
ny James Donphsn: that said Hicks assigned said
claim T. j Fox; that on February ID, legl said
j. Fox assigned sid clam to this plaintiff;
that said wiring was presented to said bank for
payment and the sane refused that no part of
said clai n has been paid txcept s,5 on D.c. moe,