The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-09-22
Defendants Aver That Judge Hughes
is Plaintiff in Suit Pending in
District Court of Lee
County.
CLAIMS ON SERVICE;
Pray That Superior Court Await Ac.
ton Of District Court and
That Petition Of Plaintiff
Be Dismissed

The defendants in the suit of Felix
i. Hughes VS.. John Menu, deceased,
Howard Connahle, ]. F. Dauglerty and
Edward Walsmith, sureties, today filed
an answer, avering that there is suit
pending in the district court in which
Felix +. Hughes is asking judgment
for the same services alleged to have
been rendered The first named suit
Is pending in the superior court ana
the answer contains the following al
legations:
Defendant admits tae execution Of
the agreement set out in the petition
as exhibit "a" and AYERS it was under
the following representations of the
plaintiff alleging same to be true
and relied on by these defendants
as true, that he, tae plaintiff would
not receive any compensation for his
services from the John Menu estate
in the suit referred to in the said
agreement as then pending in the dis
trict court because said estate was in
solvent and had no property to pay
for said services and the plaintiff
would withdraw from suits and pro-
coed no further unless the defendants
would enter into said agreement,
which said representations were not
true because at the time the plaintiff
made said representations he we'll
knew he had received from John
Menu, the principal in the suit, $3.50
and also from the estate of Edumnd
Jaeger bankrupt, s493. Sc.
Defendants aver the said suit, Lee
county vs. JOIN Menu, Howard Gonna
BILE, ]. F. Daugherty and Ed. Wal
smith, referred to in said agreement
was suit wherein the plaintiff al
legged the defendant, John Menu, as
treasurer had deposited in the Com
mercial bank, s9,S71.2S which he hae
received as treasurer and which salt
bank had failed and is defunct banl
and the said John Menu, has failed
refused and neglected toa account t.
the aforesaid plaintiff for aforesaid
amount and the plaintiff prayed fo
judgment against all the defendants
and Felix T. Hughes was employed b.
John Menu to defend said suit ant
had entered upon written contract
which said contract is not and neve
was in the custody or control of thes'
defendants and the terms Thereof ar
not known, but was in the possession
of said plaintiff Felix T. Hughes. De
PENDANTS deny the terms of the agree
ment exhibit "a We're performed b
the plaintiff Felix T. Hughes, an
that said suit was won or settled b
the said Felix T. Hughes.
That there was failure of consider
alton for said contract because plair
tiff did not render for services cor
tracted for in not winning or settlin
said cause.
That there was a want of considers
ton for said agreement for not wiz
ming or settling said suit.
That said suit was finally dispose
of and defendants released from liz
bility or bond and subject matter c
said suit without any effort or SCI
vice being rendered by the plaintiff
t but the said suit was disposed of b
the act of Christina Menu, executri
2 of the estate of John Menu, deceased
! in having the general assembly {
Iowa. at its thirty-third session, pas
y a legalizing act, legalizing and vali'
!. ating the act of John Menu, as trea
: urer of Lee county, by reason of d.
? posts of county and other funds in til
Commercial bank, passed and appro
ed April 10. 1909.
Defendants aver there is a su
pending in district court where's
!, plaintiff Felix r. HrJhes is plainti
!, and the estate of John Menu, Chri
:. tina Menu, executrix is defenSan
claiming from said estate $612 for II
r. same services claimed to have bee
). rendered in this suit, that claim Il
i, services are and were all joint ar
4 for the use and benefit of the pri
cipal defendant. estate of joan Men
ID and the disposition of said proceeding
in will render the proceeding in tn
v suit unnecessary.
st Wherefore defendants pray t
e. court for Judgment and order that tt
n suit await the termination of the 81
n in the district court and that said pc
m ton be dismissed and for costs a
u such other and further relief as t
d. facts will warrant and justify.
of