The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1894-06-01

Corn VS.. VIM. w. Handley, and
received from the Wheeler 4 vii
son Mfg Co., a draft for "a, 700
Besides this the taxable costs in thi
case were paid by the Wheeler 4
Wilson Mfg Co., through its agent
Mr.. Handley. Out Of the amour
of the taxable costs in this cas-
the amount to which you are en-
titled, including the $50 deposited
by you when the suit was brought
is $3.50. 40. To this sum must b.
added $3.50 additional, which yo,
paid me as security for costs in thil
lease.
AS told you when you were here
May Is, 1894, my fee for services
since the final decree in this case
was entered, and by that l mean
services in making settlement with
the Wheeler & Wilson Mfg. Co. fol
past infringement up to this date, is
$3.50. The $3.50 which you paid
me as security for costs and this
$3.50 balance each other. As
showed you when here, the total
costs in this case, including my fees
and expenses up to and including
the argument Of the case at final
hearing and entry of the decree,
amount to $3,2S4.SO. When you
deduct from this the $3.50. 40,
which you get back from the Clerk
of the court, the net expense Of this
litigation to you is 80, OO4. 40.
Under the contract between Mr.
Corn and Mr.. Miller, Mr.. Corn was
to pay all the expenses of this liti-
CATION. If the litigation was I'M
favorable to Mr.. Corn and Mr..
Miller, Mr.. Corn was to recover
nothing; but if the litigation result
ed favorably to you, Mr.. Corn was
to be reimbursed to the extent of FIVE
eighths of whatever expenses Mr..
Corn might have paid in the way Of
attorneys fees and expenses, and
Mr.. Miller was to be paid u of the
fees and expenses which Mr.. Corn
had paid. After the expense had
been accounted for in this way, any
balance was:to be divided between
Messrs. Miller and Corn on the
same terms,-that is to say % to
Corn and p to Miller Of the balance.
The net costs in this case, after
giving you credit for $2SO.4O costs
returned blythe Clerk, are 80, OO4. 40.
Mr.. Corn is entitled to 81 Of this
amount which is $1,S77.75, and
Mr.. Miller is entitled to "a, which
lis $1,126.65.
Now the gross amount of money
which have received is made up Of
two items: a $4,7OO draft of the
Wheeler & Wilson Mfg. Co., and
the amount Of costs returned by the
Clerk, $2S0.4O, making a total Of
"a ,9S0.4O. If we deduct the net
costs, 81, OO4. 40 from this it will be
found that the balance is 81, 1913.
Now in addition to % of the net
costs Mr.. Corn is entitled to q Of
the balance after deducting the
costs, (that is $1,976) and IS Of
this is 81 ,235. From this calcula-
ton it will be seen that Mr.. Corn is
entitled to $3,112.75.
Mr.. Miller is entitled to u Of the
balance after deducting the costs,
and u of 1876 is $741. If we
add to Is Of the net costs ($1 1876
65) y Of the balance after deduct
ing the net costs from 81 $50. 40, it
will be found that Mr.. Miller's in
terest is 81 1857 IS. From this is to
be deducted the amount Of a note
from Miller to Corn, amounting
with interest to $55.O7, and $50 due
me in another matter, leaving a
balance due Miller Of 1,782.5S.
The amount coming to Mr.. Corn
from this litigation is $3,112.75, to
which must be added $55.O7,
amount Of Miller's note, and 1924. 80
overpaid me by Mr.. Corn, May IL,
50 that the total amount coming to
Corn is So, 292 ~.
Accordingly l stand ready tosend
Mr.. Corn my check for that amount,
and Mr.. Miller my check for ST.
1872 So.
Il would send the money to-day,
but for the fact that Mr.. Miller has
employed Mr.. John +. Tieman as
his attorney, and therefore until |
understand from both Of you gentle
men that you are satisfied that |
shall distribute the money in the
manner stated, ! do not feel justi-
fed in paying it over.
Yours, very truly,
DArv Ravrxrruu