Great Falls weekly tribune., 1896-04-17
AGAINST ELlI0TT'S BQNOSNEN
Suit Of the City for Eighteen Th0us
and Dollars to Be Tried
Today.
TO Recover City Money in the Sus
pended Mepc!lants' National
Bank.

In the district court today. probably
this forenoon, the trial will be begun of
the case of The City of Great Falls ve.
Will Hanks, Thomas E. Brady, Robert
Vaughn, A. E. Dickerman, j. H. Nc
Knight and X. B. McIver. 1t will be
the last jury trial this term.
The complaint iu the action alleges
that P. j. Elliott, while city treasurer,
from May l, 1898, to August S, 1893, re-
ceived various sums of money belonging
to plaintiff, aggregating $4,000, which
Elliott wrongfully and fraudulently con-
verted and appropriated to his own use;
thai Elliott failed to perform the duties
of his office; that defendants, With Ii. p.
Rolfe and d. II. Churchill, both now de-
ceased, were jointly and seyerslly bound
to plaintiff, in the sum of S75, 900, condi-
toned upon the faithful performance by
Elliott of the duties of his Office; and
that there is due plaintiff from defend
ants the sum of SIS, 600, wrongfully ap-
propriated by Elliott,
Ia answering the complaint, Defend
ant Brady admits that Elliott as city
treasurer did receive between May l.,
1893, and Aug. 5, 1893, various sums of
money belonging to plaintiff, amounting
TO $4,000; but denies that Elliott ever
wruugfully, fraudulently, or at all, CON
Ver,ed or appropriated the said sum Of
SIS, 900, or any part thereof, to his own
use, or that he did fail to perform the
duties of his office in any particular
whatever. Defendant further alleges
that Elliott aied Aug. 8, 1888. and there
WAS no person at the time of his death
authorized to receive any moneys be-
longing to the city of Great Falls from
him, nor did his term OF office terminate
before his death, nor was there any sue
ceesor appointed 70 take his place until
subsequent to his death, and Elliott did
in no way fail to perform or fulfill any
duties imposed upon him as city treas
urer.
Defendant denies that the defendants
Jointly and severally, or at all, became
obliged to pay the plaintiff any sum OF
money whatever which ever passed
through the hands of Elliott as city
treasurer; alleges that the whole sum OF
$4,000 has been fully paid to the plain.
titfs.
Defendant further denies that Elliott
died wholly or at all insolvent and left
no estate to be administered.
Defendant alleges that at the time he
signed Elliott's bond he signed it on con
dition that it should not be operative OF
be delivered to plaintiff until IA other
competent sureties had been obtained
thereto; that when he signed the bond
lures Of sureties appended thereto; thai
| EIliott 1nlivorod tho h0pl <o ko 1,:
without the knowledge or consent of de-
| fendant; that afterwards defendant ap
l piled to the city council to be released
from the bond, and that the council die
release and discharge him from sale
bond and from any and all liability or
account thereof, and plaintiff is therefore
estopped from asserting any claim upor
said bond against defendant.
Defendant alleges that plaintiff nevel
made a demand upon the legal repre-
sentative Of Elliott, deceased, for any o.
the moneys claimed; that since the deatt
of his co-sureties, d. III. Churchill ant
H. 2. Rolfe, plaintiff failed to present
any claim to the legal representative o.
either of said deceased and allowed tht
legal time within which claims should bt
presented against the estates to eapet
and thereby released so much as Woulc
constitute the portion of said sureties o
the claim which plaintiff claims to have
against these defendants.
| The other defendants, except Hanks
who did not answer set forth the same
allegations as does Brady, and also that
Brady was released from the bond with
out their knowledge or consent
Sam Stephenson, city attorney, j. B
Leslie and Ransom Cooper are attorneys
for plaintiff, and IT., e. Brady, A. j
Shores and G. w. Taylor, for defend
| ants