The Redwood gazette., 1901-05-08
INTERVENING |!
Bertha DeW6U Fitch Wants a
SIiG6 OF the 6. 6 N.
Railway.
Flies a Suit in Intervention
in a Mechanics Lien
Case.

OdSb.
When the mechanic IS lien case of
John Graham VS.. the Gulf & Mani
toba railway company Ii. A. Bald
win, A. w Bager and the Iowa
Loan & Trust Co, came up for con-
sideration before Judge Webber
last Thursday morning Judge
Bowers threw a little bomb into the
camps of either side by intervening &
ION behalf Of Bertha Dewey Fitch.
The complaint in intervention
claims that on Oct. 23d, 1899, at
Beaver Falls, the Gulf & Manitoba
Railway Co., through its officials,
executed aud delivered to her a
promissory note, whereby, in re-
turn for money loaned, the company
agreed to pay Mrs. Fitch ninety
days after date $4,000. The note
containd an interest clause, carry
ing with it interest at the rate Of
six per. cent. yearly.
On Oct. 22d OF the same year the
company also executed and deliv-
cred to w. L. Reed its promissory
note for 5000, drawing six per cent.
interest, running for 80 days.
Shortly after this note was deliv-
cred to Reed Mrs. Fitch purchased
the same, and holds the same at the
present time.
On Oct. 23d, 1899, the railroad
company, in consideration Of the
loan made to it by Mrs. Fitch, prom
ised and agreed that she should
have one-ffth interest in the rail
road line OF the company, SO far as
it related to the building ofeighteen
miles of the railroad Of the company,
from Redwood Falls to its connec-
tion with the Chicago, Milwaukee
& ST. Louis railroad, and that she
should be entitled to share equally
in the ownership of the line, with
Samuel Compton, E. 3. Carpenter,
T. I. Campbell and j. J. Bell, and
also in all stock issued and received
by the promoters of the. enterprise,
and ia all money accruing or re-
sulting therefrom, and in all bene-
fits and advantages accruing out OF
the same. At that time the assign
ment of the one fifth interest was
made in writing.
The intervenor prays that Mr..
Graham and the defendants be
required to answer the com
plant, and that the Gulf &
Manitoba railroad company be ad-
judged to pay the intervenor So, 200,
with interest on $4,000 at six per
cent. from Oct. 23d, 1899, and on
$500 from Jan, 9th. 1900, and that
she be adiudged to have an interest
Ia the company
Attorney L. e. Logbrake of. Min
Leapolis represented Mr. Graham
at the trial, and Mr.. Graham was
present himself to give evidence ot
supplies furnished the company
. d s f ;
while. it was trying to build the line
from this city to the Milwaukee sys-
TEN. Mr.. Graham was willing to
yield every point that would allow
all of the creditors to participate III
any assets the compan i mi ght claim,
or if the company could show that
the road would be constructed with
!, in a reasonable time he was willing
I6to withhold his suit until the COM
pany could obtain money to pay the
! claim.
Messrs. Pierce 8 Harriott repre-
sented "a. w Bager, who had quite
a large bill against the company for
horse-shoeing and other black
fsInithing work Messrs. Baldwin
I 81 Howard represented H. Bald
4 win, who is the trustee Of the com
4 pany SO far as the line IS concerned.
After all the evidence was ad-
duced and the attorney made their
deprese ations Judge M Webber re-