The Redwood gazette., 1901-01-02

Grew TO $4,000 in 10 Years,
but the Widow is Out
the Whole Sum.
Hilbert B6nhdIl Called TO HG-
count and to Turn 0V-
6f Property.

bi TIUpbl bg.
A peculiar suit has been COM
menced in the district court of this.
county, wherein Elmina F. Gordonis
plaintiff and Albert Benham, H. r.
Benham. his wife, and Cy. Benham
are defendants. The suit is COM
menced for thespurpose Of recover
ing the principal and emoluments of
successful investments, the former
of which was $500, and the latter of
which has run up to S., 200, together.
with other rents and profits to be
determined by a jury OF the district
court Messrs. Pierce & Harriott
are the attorneys for the plaintiff.
The history Of the case dates back
as far as April 22d. 1890. At that
time Mrs. Gordon was a widow, her
name being Elmina r. Brown, and
in after years she married again
to r. a. Gordon. On the date men
toned above she was on apparently
friendly terms with Albert Benham,
and he had her implicit confidence.
She alleges that at that time she was
entirely without business ex-
perience, and having $500 Of ready
cash which she desired to invest
safely and remuneratiVely, she
placed the amountin Mr.. Benham S
hands to be invested for her 10 as
remunerative and safe manner as he
deemed prlld
On a prlI 2sstl, 81 II Il elay after the
money was turned over to Benham.
the latter entered into a contract
with the Winona q st. Peter Land
Co. for the southeast quarter Of sec
tion 81, Three Lakes township, this
county, whereby the company was,
when the entire consideration was
paid, to give him a warranty deed for
the 16O acres in question. This con-
tract was made with the company in
Benham S own name. The con-
sideration was $3.50 per acre, and
OF the amount Benham was to pay.
1917. 81 in cash and the balance was
scheduled to be paid in long de-
ferred payments. After the con-
tract was made out Benhamis alleged
to have taken $377.67 of Mrs. Cor
don $500, and paid it over to the
company as the first payment.
On the same day that Benham
entered into the contract with the
land company ne entered into
another contract with Peter N. Mel
son, whereby Nelson became con-
tract owner of the 160 acre in ques-
tion. 70 bind this contract Nelson
gave to Benham his promissory note
for $500, payable on or before Nov
ember 2lst, 1890, as a part payment
| for the land, and it was unnerstood
| that Nelson was to assume the in
debtedness of Benham to the Winona
g. st. Peter Land Co. Mrs. Gordon
contends that the note of Nelson was
| delivered to Benham for her, but Ben
ham kept the note without apprising
her of the transaction. tits alleged
that Nelson made divers payments
on the note to Benham, the total
amount of which Mrs. Gordon is
unable to state, but that Nelson
finally defaulted in the payment Of
the amount due, and on March Sd,
1892, Nelson surrendered his con-
tract Of purchase to Benham.
Another contract for purchase was
/ then executed by Benham to Nelson
and again Nelson defaulted and
surrendered the second contract.
At the time of the second surrender
IBenham advised Mrs Gordon Of the
surrender, and also stated that in
view of the latter he deemed it best
i to look up another purchaser. 81
It appears that from the date oi
/ the surrend dering Of the second con
tract with Nelson, until October 8th,
1 i19OO, Benham was allowed to retain