St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-10
EIcKH0FF'SSLAVERY
Continued From First Page.

IN the district court Of Polk county,
to secure additional time in which to
ME his answer. Mr.. Stevenson pre-
sented the affidavit of Eickhoff and
others to the court, and Judge Ives
granted him the additional time, as
It was SHOWN that there was excusa-
Die delay on account of professional
engagements away from home, and be-
cause ne had received no notice Of the
remittitur Of the supreme court
The history of the several suits that
have been Instituted shows the persist
ence with which the poor slave, who is
held by their bonds, is bounded. They
snow no mercy when they find men
who will not fight for their rights as
ElckhoH and Stevenson have fought
in this case,
SUIT INSTITUTED.
On Sept. 2, 1892, the Fidelity and Cas-
ualty company, Of New York, insti-
tuted suit against William Eickhoff, in
Hennepin county. for sS93.35, which
was claimed to be the value Of the
wheat that said Eickhoff had pur-
chased with the money of the Red
River Valley Elevator company and
failed to deliver to them or to pay for
upon the demand of the elevator COM
pany and. subsequently, upon the de-
mand Of the Fidelity and Casualty COM
pany. The complaint sets forth that
1t was at that time and had been for
some time previous the custom for
agents Of the elevator companies to de-
liver at the terminal points the same
amount of grain that they have pur-
chased at the country elevator, and if
they fail to do so to pay the reasonable
value of the same. That Eickhoff was
employed by the Red River Valley Ele-
vator company to act as its joint buy
er and agent, at st. Hilaire, from Aug
l, 1890, to June 80, 1891; further, that his
compensation was to be $50 per month.
That during the time he was so en-
ployed the elevator company furnished
to him to purchase grain the sum
Of S34,2z2.21, and that In addition to this
the company paid all freight and other
charges. That during this time the
company kept Eickhoff posted as to the
dockage on the grain he shipped and
the grade thereof as established by the
state inspector and weighing depart
ments. 1t is alleged that Eickhoff used
all the money furnished by the ele-
vator company in the purchase of
wheat and that the amount so pur-
chased and reported by him was 46, 40
bushels and 80 pounds, and that he
violated the contract entered into be-
tween the Red River Valley Elevator
company and himself, because he only
delivered at the terminal points 45, 0S9
shortage Of 1,051 bushels, which Eick-
hoff had feiled to deliver and refused
to account for, although he had often
been requested to do SO. The value of
the said 1.051 bushels of wheat is
claimed to be So cents a bushel and
amounting to $685.. The Fidelity and
Casualty company claimed that it had
entered into a bond in the sum of 81 900,
guaranteeing the Red River Valley Ell
evator company against loss through
the fraudulent or dishonest acts Of the
defendant, Eickhoff, and that in settle
ment Of the claim of the elevator COM
pany, the Fidelity and Casualty COM
pany had paid the said elevator COM
pany $665.90, and had taken therefor
the assignment of said elevator COM
pany for the full claim against the
defendant, Eickhoff, amounting to
$S93.35, and judgment was demanded for
this sum, together with costs and dis
bursements.
Mr.. STEVENSON, attorney for the de-
PENDANT, Eickhoff, endeavored to have
the attorneys for the Fidelity and Cas-
ualty company, the plaintiffs in the ac-
ton, agree by stipulation to change of
venue of the case from Hennepin coun-
ty to Polk county. This they refused
to agree to, although the statutes of the
state of Minnesota require that actions
of this nature shall be tried in the coun-
ty where the defendant resides. Fail
ing to secure the change Of venue by
stipulation, Mr.. STEVENSON was COM
PEELED to make 300-mile trip to Mime
apolis and argue the motion for a
change of venue before one of the judges
of the district court for Hennepin coun-
ty. The motion was granted and the
case transferred to Polk county. Then
STEVENSON, the attorney for Eickhoff,
the defendant, answered the complaint
and the case was dismissed, the attor-
neys for the plaintiff, the Fidelity and
Casualty company, failing to appear on
the day the case was set for trial.
On March 80, 1898, the Fidelity and
Casualty company began a second suit
and alleged that the elevator company
had required Eiekhoff to give a bond
against fraud and dishonesty and guar
anteeing that he would pay over all
money that he should receive. It is al
legged that Eickhoff requested the said
Fidelity and Casualty company to fur
nish said bond Of 1000. The conditions
of the bond were the defendant, Erick-
hoff, agrees to make good to the said
Fidelity and Casualty company loss by
req son of shortages in the amount Of
grain purchased by him for the said
Red River Valley Elevator company
which he
FAILED TO DELIVER
at the terminal point designated by the
elevator company. Also that he, the
| said Eickhoff, would reimburse the FL
deity and Casualty company fer all
losses, damages and expenses the said
Fidelity and Casualty company might
| incur on account Of the guarantee I'M
der the bond. Further, that the de-
PENDANT, Eiclkhoff, "a greed to accept from
the Fidelity and Casualty company the
vouchers received by the said Fidelity
and Casualty company from said ele-
vator company as conclusive evidence
of the amount Of his own shortage. The
complaint then sets forth the amount of
money furnished to the defendant, 1884,
222.21, and that he purchased Herewith
1885 bushels and 45 pounds of wheat.
OF this he delivered 45,903 bushels and 20
pounds, leaving 9S3 bushels and %
pounds which he had failed and refused
to deliver, although demand had been
made for the same on Sept. %, 1891, and
at other times. The shortage was bas-
ed on the gross weight Of the wheat
| purchased, and the reasonable value
was alleged to be $S35.90. 1t was al
! legged in the complaint that the claim
! for shortage came within the bond of
! indemnity, as 1T was caused by the
! fraudulent acts of the defendant while
acting as agent for the elevator COM
pany and while he was bonded by the
plaintiff, the Fidelity and Casualty
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