The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-05-13

at Springdale. August 81 they adj
vanced the sum of $~3,340.71. This
advance, they allege, was made as an
accommodation to defendant and was
to be retained by him until the wool
could be sold and in case the amount
received from the sale was less than
the advance he was to make good
the difference. 3
The wool was not sold until Octo-
Der 81, 1901, and brought a total OF
$3,452.90. The charges arising on
the consignment, such as drayage,
| storage, commission, etc., plaintiffs
calm left defendant indebted to them
in the sur now sued for. In addition
they also demand interest at the rate
of 5 per cent per annum since Febru-
airy rs, 1902.
Defendants answer admits receipt
of the advance, but denies that the
money was paid him as an accommo-
dation, or that it was to be retained
by him until the wool was sold. De-
NAL is also made of the conditions
alleged to have attached to the con-
signment, and the claim is set up
that the wool was consigned to plain
tiffs under a special agreement en-
tered into with their agent, w. w.
Beasley, said to have been upon a
| basis of IS cents a pound for the con-
signment at Chicago. Special empha-
sis is laid upon the fact that defend
ant refused to consign his wool to
plaintiffs or any n else, unless he
was assured - cents a pound, and as
much more ABOVE that price as the
wool might bring. 1t is denied that
he was to pay a rebate in case the
consignment sold for less than the
amount of the advance.
A replication by plaintiffs denies all
| allegations contained in the defend
ants answer.
The jury trying the case is com
posed of B. H. Hogan, Martin Gates,
George Lacey, Felix Clark, Lew Rob-
bins, A. V. Cardwell, E. M. Newman,
J. R. North, H. Hendrickson, James
Steele, H. B. Sanderson and Dan
Lamey.
]. r. Goss appears for the plaintiffs
and j. T. Smith of Livingston and
w. M. Johnston of this city for the
defendant.
Partial Settlement Reached.
A partial settlement has been made
out of court in the matter of the con.
demnation proceedings instituted by
the Billings Land and Irrigation COM
others. Mr.. Summers sometime ago
settled with the company and Wednes-
day John Graham, another of the de-
PENDANTS, compromised. 1t is now be-
lieved that others will arrive at an
agreement with the plaintiff and that
all litigation yer the r~ight-of-way
sought by the company will be dis
missed.
Docket Notes.
In the matter of S. B. Reynolds
VS.. Squire VanHouten, judgment was
rendered for plaintiff by default. The
court ordered that Reynolds be given
possession OF personal property valued
at $500, or it's equivalent in cash,
together with $50 damages and costs
of action, amounting to $1,000 more.
The trustees of the Congregational
church have filed a petition to be
permitted to mortgage the society's
property for the purpose of negotiat-
ing a loan. Hearing of the matter
has been set for May II.
An inventory and appraisement has
been filed in the estate of E. B. Ken
nedy, deceased. AS appraised the es-
tate is worth $31,O13 and consists OF
real and personal property. The fill
ing fees amount to $45. S. D. Church,
Gus Barth and T. J. Bouton are the
appraisers.