The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-05

Judge McAtee of Oklahoma filed a
Suit in the district court of Sedgwick
county that will attract some attention
when it comes for hearing.
The title Of the case is John L. Nc
Aztec VS.. Andrew Drum, Andrew Snider,
H. w. Creswell, A. G. Evans, Ben Gar
land, John A Blair, l.. p. Williamson.
Thomas S. Bughee, T. D. Hutton,
Charles III. Eldred and the Cherokee
Strip Live Stock association.
W. z. Stanley and T. B. Wall are
attorneys for the plaintiff, Judge Nc
Aztec, and they have filed a petition
covering several pages of closely type
witten matter
1t is set up for cause of action that
ine above named parties were asso-
Grated together as the Cherokee Strip
AlVe Stock association and carried on
business under that name, but that the
said Cherokee Strip Live Stock asso-
cation was never organized as a
partnership nor duly incorporated but
was merely an association of the above
named individuals for the purpose of
carrying On business for the benefit Of
me said persons. Judge McAtee then
sets up that he had a contract with
ahe defendants CT which the following
Is a copy, toWit:
THE MIDLAND"
Kansas City, Oct 49, 1890
This agreement made this 18th day
OF october, a. d., 1890, between the
tsierokee Strip Live Stock association
OF the first part and John L. McAtee
Oh the second part, witnesseth
mat the said ASSOCIATE are about
10 place a number Of notes in the hands
OF the said McAtee as attorney. for col
1ection by sui. or otherwise, and the
Sa1d McAtee has agreed to collect the
same Tor the sum Of ten per cent mon
me amount collected if they can be col
Eected upon notice and without suit.
and that If the said notes are not paid
upon notice then the said McAtee
agrees to collect such said notes as can
De collected by suit for the sum of
twenty-five per cent upon the amount
so collected. -
Inc same association agrees to nav
ehe necessary expenses Of said Nc
Atee IN the conduct of said collections.
NO charge by way of fees to be made
by SAID McAtee except upOn collections
and being held responsible for due dill
,gence only by said association.
me Cherokee Strip Live Stock asso-
Gallon.
BY JOHN A. BLAIR, Sec.
JOHN L. MATEE.
Inc plalntiH then sets up that the de-
puI III MS Tor collection
notes amounting to tbs sum of $780,
200, a. list Of claims upon which suits
were brought in Kansas, Colorado.
missouri and Indian territory. upon
which the plaintiff claims he expended
hSfsb5 which is now due him
For a second cause of action the
plaintif says that after he had COM
inenced suits in Colorado, Kansas. Mis-
Fouri and Texas that by reason of his
financial condition he was unable to
advance the money necessary to paw
such expenses and that the defendants
refused 20 advice it as they had
agreed to do. He therefore asks for at
torney fees and damages in the sum
Oh Sf.4iS.69 and costs of this action
Judge McAtee claims in his petition
that he was prevented from making
these collections because he did not
have the money to advance for costs
IN the different states in which suits
were Instituted, and that the Cherokee
strip Live Stock association withheld
tie money from him in order that he
should not be able to comply with his
part Of the contract
There are few people who knew be
Tore the filing of this suit that the
Cherokee Strip Live Stock association
was not a regular corporation.