The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1901-03-23
CRANCUM vs. DILLINGHAM

The Hist Try Of the Case Told in tie Decis.
ION of Ju 'gc Lewis Giveu Below
Owing to the fact that the daily pa
pers published statement to the eff
feet that in the case of Crancum VS..
Dillingham;, tried before Judge Lewis,
he rendered a decision in favor of
the plaintiff, the decision of Judge
Lewis is published in full. 1t tells
the whole story. The suit was
brought to recover on note for
$51.OO and $500, claimed on account
of cigars, etc., in the Peoples Barber
shop.
STATE OF MINNESOTA, County of
Ramsey, District Court, Second Ju-
dicial District.
? Ernest w. Crancum vs. Mary H.
Dillingham;.
This cause came regularly on and
was tried before this Court without a
jury at the General Term, January IA,
1901.
Plaintiff appeared in person and by
his attorney, o. H. Comfort.
Defendant appeared in person and
by her attorney, Samuel A. Anderson.
After considering the. evidence adj
duced at the trial on behalf of the
respective parties, and hearing argyll
ments of counsel, it is determined as
-. FINDINGS OF FACT:
1. That plaintiff is the owner and
holder of the certain promissory note
described in the complaint, given by
defendant, on which there was due
from defendant to plaintiff on the 18th
day of January, 1901, the sum of $51
principal and $4.88 interest, in all the
sum of $55.88.
2. That on or about September list,
1885,, the plaintiff and defendant
formed co-partnership and pursuant
thereto engaged in the restaurant bust
ness at 37S Minnesota street, in the
city Of St. Paul, in said county and
state, and by the terms of said agree
ment were to share and share alike
in the profits and losses of said bust
ness.
8. That said parties carried on said
restaurant business until the 18th day
of November, 1899, and the expenses
were in excess of the receipts thereof
from week to week from the 18th day
Of September, 1899, down to the clos
ing of said business. That the total
receipts of said business during said
time were $693.50; that the total ex-
penses and disbursements during said
period Of time amounted to $878.17;
that the excess of expenses over and
above the receipts was $184.67; all of
which deficiency was paid by this de-
PENDANT out of her own funds, at the
special instance and request Of plain
tiff, with the express understanding
and agreement between plaintiff and
defendant that one-half thereof should
be applied toward the payment of the
note hereinbefore described, and the
balance of the proportion of expenses
so owing to the defendant from plain
tiff should be a just and true claim
and debt owing to the defendant from
plaintiff. That there was due to the
defendant from the plaintiff on the
14th day of January, 1901, on account
OF plaintiffs share Of money so had
and received, and which he had con-
tTacted and agreed to repay to the de-
PENDANT and to allow her credit there
for upon said promissory note, the
sum of 1928, with interest at six per,
cent from November 18th, 1899, in all
the sum of $98.47, less the sum of
$4.S1 principal and interest, being
money had and received by defend
ant from the receipts of said partner
ship business in payment of her GER
tain claim to O'Neill, leaving the bal
ance due defendant as aforesaid, in
the sum of 1886, which sum is just,
true, and legitimate offset in favor of
defendant against said claim of plain
tiff.
4. That there is now due and owing
to the defendant from the plaintiff,
after paying and satisfying said note
in full, by reason of the premises here
inbefore stated, the sum of $377S, with
interest thereon since the 14th day of
January, 1901, at the rate of six ner