The Hartford republican. (Hartford, Ky.) 18??-1926, 1908-05-08
OHIO COUNTY
files ANSWER
To Suit of A. B. Baird For
Recovery of $5,892.43
Alleges That Baird fraudulertly
Procured Execution of Two
Notes Instead of One.

A few weeks ago DR.. A. B. Baird
formerly resident Of Hartford but
now of Oklahoma filed suit in the
United States Court at Owensboro
against Ohio county for s5,S92.43 with
interest thereon since January 1894.
He alleged that at that date the coun'
ty was indebted to him in excess OF
$1,000 and that is executed to him
two note therefor one of which was
paid soon thereafter.
This is the matter about which
suit was filed in the Ohio Circuit
court about a year ago by the coun-
ty to concel the note but was la
ter transferred 10 the United States
court and still later dismissed by the
court on motion of attorneys repre-
senting the county.
The following answer setting up the
county's Contention of the contro-
versy was filed Monday by county
Attorney e. NJ. Woodward who to-
gether with Hon. M. L. Heavrin and
Barnett and Smith represent the
county in this big lawsuit.
United States District Court for the
Western district of Kentucky, Ow-
ensboro division.
A. B. Baird, Plaintiff, versus Ohio
County Defendant.
Defendant, Ohio County, for answer
to the petition filed against 1t, states
that It denies that on the Sth day of
January 1894, the defendant Ohio
County was indebted to plaintiff
on account for claims or interest which
he held against said county in a
sum exceeding eleven thousand dol
lars; or any other sum in excess OF
$685.. 43 on that account or any other
account; and denies that the order
made by the Fiscal Court of Ohio
County, recorded in Order Book num-
Der one, page fifty-three, of said court
authorized the execution of the note
sued on and denies that said Morton
and Martin as commissioners of Ohio
county, made any settlement with this
plaintiff in which settlement they
ascertained the amount OF said claim
or interest thereon to be in excess
of the sum of Eleven Thousand Dol
lars; or that 1t was ascerta!ned that
defendant owed the plaintiff any sum
in excess of $6,S92.i3; or that the de-
PENDANT Ohio County owed the plain
tiff any sum in excess Of that amount.
Defendant says it is true that the
Commissioners of Ohio County execu-
ted and delivered to this plaintiff two
notes purporting to be the notes OF
Ohio County the last of which was
executed without authority from this
defendant and which note last exc
cuted is filed with the petition as
a part thereof, made Exhibit No. L.
and denies that the same is just, due
or unpaid; or that the other note re-
ferred to in petition was for a sum
or any Indebtedness other that the
s5,S92.43 represented by the note fill
ed with the petition; or that OHIO
county is indebted to the plaintiff in
the sum of So, S92,43 or any other sum
Pleading further the defendant says
that the plaintiff, A. b. Baird, held
claims as evidences of debt against
county on the sixth day of January
1894, amounting to $5,S92.43 and no
more; that on that day an order was
made by the Fiscal Court OF Ohio
county appointing John P. Morton and
George Martin as commissioners to
examine and ascertain the amount of
the claims held by the plaintiff against
Ohio county and to execute note oil
the county payable therefor at the
Beaver Dam Deposit Bank on or be-
fore August the first, 1894, out Of the
first money collected of the county
levy for said year. Said order was
duly recorded in the order book Oh
said Court No. 1, page 30 and a copy
thereof is filed with the. petition In
this action to which reference made
The defendant says that shortly
after the entry of said order, saic
Morton and Martin as commissioner
aforesaid, made settlement with the
plaintiff, A. B. Baird which settle
ment was not in writing, but in which
settlement 1t was agreed and under
stood and was the truth in fact thai
the amount OF all the claims held by
the said A. B. Baird against Ohi'
county was $5,Ss2.43 and the said com
missioners, John P. Morton and q
! w. Martin thereupon executed AM