The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-08-23

VI SloCk III Sdlu CrOOkStOn LuTlDer
company in the manner aforesaid be-
cause the latter was his brother and |
because defendant desired to help and |
assist him into active business, and |
because he desired plaintiff to act as
manager of said business; and that, |
at the same time, and as a part Of
the same transaction, it was arranged,
the defendant influencing said Hixon
and Clarke to consent thereto, that
plaintiff should be and become the
manager both Of the Crookston Lum-
Der company and of the st. Hilaire
Lumber company at salary of
$4,000 year; and that said plain
tiff on or about April l., 1898, entered
upon the discharge of his duties as
such manager, was continued to act
as such manager until about Jan. 1,
1900.
That shortly after the purchase of
the said Arpin stock in the st. Hilaire
Lumber company by said F. P. Hixon
and the defendant, on September 9,
1898, and on or about Jan. /, 1899, de-
|
| change with him two hundred shares
in the st. Hilaire Lumber company for
the ninety shares of stock in the J.
Neils Lumber company, twenty shares
Of which latter stock had been issued
to plaintiff, and for seventy shares of
which plaintiff held defendants
agreement to sell, as hereinbefore set
forth, to which proposition plaintiff
fully assented and agreed; and that
later on and on or about the month of
July, 1899, said agreement was fully
contaminated, and a certificate for
two hundred shares of the capital
stock Of the st. Hilaire Lumber COM
pany was issued and delivered to the
plaintiff, at defendants request, and
upon defendants duly surrendering to
said corporation two hundred shares
of stock held by him; and that
plaintiff held said two hundred shares
of stock in the st. Hilaire Lumber
company, SO issued and delivered to
him, until Jan. 10, 1900, when the
same were turned over and delivered
to defendant as hereinafter set forth
and that the time Of the delivery of
said two hundred shares Of stock in
the st. Hilaire Lumber company to
plaintiff as aforesaid, said plaintiff as
signed and delivered to defendant his
said certificate for twenty shares OF
stock in the Netls Lumber company
and released and discharged de-
PENDANT from any and all liability on
his agreement to sell and deliver to
plaintiff seventy shares Of stock in the
said j. Neils Lumber company, and
that defendant from that time for
ward held only the one hundred
shares of stock in the Crookston Lum-
: collateral security for the payment OF
PLAINTIFFS Indebtedness to defendant
, which at that time amounted to more
than $17,000 and that the value OF
the two hundred shares of stock ir
the said st. Hilaire Lumber company
> at the time Of said agreement to ex
\ change, and at the time of the con
:. summation thereof was substantial,
equal to the value of the ninety shares
5 in the ]. Neils Lumber company, anc
:. that such was the belief and under
u standing Of each the PLAINTIFF and de
PENDANT, and that such exchange wa
: in all respects just, fair am
8 equitable. And that plaintiff there
: after and until the transfer thereof t
. the defendant in January, 1900, wa
: the owner of said two hundred share
II of stock in the st. Hilaire Lumbe
IL company.
That from about the year 1890 t
y December 9, 1895, plaintiff was t
II some extent addicted to the use O
= alcoholic liquors, and that in conse
= quence thereof plaintiff did at tn
urgent request of the defendant and G
plaintiffs wife, take, on or about De
J. cember 9, 1896, what is known as tn
! Kelley cure, and that after so takin
,e said Kelley cure, and from said De
cember 9, 1895, plaintiff totally ak
, stained from the use of alcohol
l. liquors for period Of about on
l., year, but that late in the year 189'
~ the plaintiff took to drinking agai
y, edge Of said defendant. That in tn
r. early spring Of 1898 and before &C
ing to Crookston to take charge
= the business Of said Crookston Lun
al Der company and said ST. Hilai1
to Lumber company, plaintiff at the il
- stance and request Of plaintiffs wifi
ie but without defendants knowledg
10 again took the Kelley cure, and afte
so taking the same abstained from tt
>, use of alcoholic liquors. with but fe
exceptions, until some time in tt
OF summer of 1899, when plaintiff bega
ed drinking periodically, and occasional
"a to excess, and that such drinking 9
=. the part of plaintiff continued unit
NJ defendant, at the instance and reque
id of F. P. EIixon and H. G. Clarke and
to accordance with his own judgmen
40 solely on account of such drinking /
~ the plaintiff requested and advise
ne plaintiff to resign as manager Of sa
d, corporations, and that plaintiff did
a. resign on or about December II, / 8 9
:. but continued to act as manager uni
We his successor had been installe
or which was about January 10, 100
iff That defendant was in all respec
n fully justified in requesting the sa
=. resignation of plaintiff. and that d
he PENDANT acted in good faith towal
we plaintiff in so requesting and advisil
such resignation.
=, VIII.
=. That subsequent to Jan. 1 19C
eo plaintiff continued to use alcoho,
lty liquors, abstaining entirely fro
drinking during portions of the tin
drinking moderately at times, and
times drinking to excess.
in That at all times until June, 19(
!. when the plaintiff was not into.
L nofn 6a nf nd 90