The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1901-01-02

Grew TO $4,000 in 10 Years,
but the Widow is Out
the Whole Sum.
Albert B6nhdm Called to HG-
count and TO Turn 0V-
or Property.

A peculiar suit has been COM
menced in the district court of this
county, wherein Elmina r. Gordonis
plaintiff and Albert Benham, III. 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 So, 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, ara
in after years she married again
to F. 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 amount in Mr.. Benham S
hands to be invested for her in as
remunerative and safe manner as he
deemed prudent.
On a Grill 18th, SIX days after the.
money was turned over to Benham,
the latter entered into contract
with the Winona & st. Peter Land
Co. for the southeast quarter Of sec
ton 81, Three Lakes township, this
county, whereby the company was,
when the entire consideration was
paid, to give him warranty deed for
the 100 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
81 in cash and the balance was
scheduled to be paid in long de-
ferred payments. After the con
tract was made out Benham is alleged
to have taken $37767 of Mrs. Cor
don S $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 q con
tract owner of the 100 acre in ques-
ton. To bind this contract Nelson
gave to Benham his promissory note
for $500, payable on or before Nov
ember 2lst, 1890, as part payment
for the land, and it was understood
that Nelson was to assume the in
debtedness of Benham to the Winona
& 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
Benham advised Mrs. Gordon of the
surrender, and also stated that in
view of the latter he deemed it best
to look up another purchaser.
It appears that from the date of
the surrendering Of the second con-
tract with Nelson, until October 9Th,
1900, Benham was allowed to retain