Daily capital journal. (Salem, Oregon) 1903-1919, 1905-03-10
LIVERY
STABLE
in COURT

The case of ]. A. Simpson vs.. Jos.
Baumgartner is being tried this afterr
noon in department No. of the circuit
court, before Judge Galloway.
In this case plaintiff filed complaint
alleging that defendant approached
him about October 1, 1904, and pro-
posed to buy half interest in plant
ifs livery business, agreeing to pay
$4,000 to plaintiff for the share. Plaint
if also alleges that defendant borrowed
the sum from the bank of Ladd g.
Bush and that plaintiff signed the note
as security; and that later plaintiff and
defendant borrowed $500 from the Sa-
| lem State Bank and that both notes
are unpaid. He also alleges that he
devoted all of his time to the business,
while defendant did not, as he was
working in the bank, but that he placed
a boy, who was related to him, in the
office to act as bookkeeper, but that
plaintiff was forced to discharge him.
Plaintiff prays for dissolution of
partnership, the appointment of a re-
ceiver and division of the surplus
after the debts of the firm are paid,
if there be any. Carson & Cannon ap-
pear It's attorneys for plaintiff.
In defendants g answer he admits the
necessity of the appointment of re-
ceiver and alleges that plaintiff solicit
ed him to enter the partnership with
him and the agreement entered into
stated that defendant was to keep the
books of the firm by working in the
evenings and on Sundays and that he
was to hire man at his own expense
to work in the office, all of which he
, did; and further alleges that plaintiff
discharged the man whom he engaged
; without authority. p. II. Darcy and
George G. Bingham are attorneys fol-
8 defendant
John A. Carson, one of the attorneys
e for the plaintiff, on March A., 1905
d filed an affidavit stating that he is wei
e and personally acquainted with N. j
@ Judah and that he is competent an'
suitable person to be appointed re
n ceiver in his suit; also that Mr.. Juda'
?. is not related to either party in tn
fl suit and would be entirely impartia
D. between them.
Upon the same day JAS. A. Simpson
/. the plaintiff filed affidavit giving tn
to value of the property involved at abor
re $4,000.
t, Defendant, Joseph Baumgartne
filed objection to the appointment
c. N. j. Judah as receiver, stating tha
is he is not n fit and suitable person
ID act in the capacity and named A. :
$. Basey, a practical liveryman, as a
al person and moves his appointment,
he is acquainted with the value of th
o. property involved and would be bette
)r able TO care for, manage and dispos
ID of it than some person who is ignorar
- of the business He also alleges tins
le Basey is not related to either party an
is impartial and disinterested.
le The court appointed n. j. Judah
" receiver, but he refused TO serve an
ID A. NJ Cannon moved the appointmer
m of NJ. Wiprut
G. Defendant then filed affidavit, ol
1t ieeting to NJ. Wiprut's appointment
the same grounds as Judah and allel
ing "The only object that afiiant hi
n is to have some fair, neutral and con
4 petant person in charge Of the liver
business which is in litigation and th'
your affiant believes that the said n
Wiprut is not a neutral and impartiI
person to be appointed herein"