American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1913-05-29
COURT ADJOURNS.
TO SEPTEMBER 3
After Two Days Trial Jury Brings in Verdict Favorno
Defendants in of Phlbrick & Greenwood
A. Z. Watson, although
Judgment is for
Plaintiff

The case of Philbrick & Green
wood VS.. A. z. Watson of Chicag,
was decided by jury in distric
court here this week in favor o.
the defendant, although technical,
the plaintiffs won, for a verdict wa,
rendered giving them judgment fol
$3b. The case was an action tC
compel defendant to pay for boarC
and loom for one j. H. Rudd and
wife. it being alleged that Watson
guaranteed the payment of the
Rudd account for a period of two
weeks, but beyond that he denied
that he was liable in the matter
The $36 was the price of two weeks
| board.
The first witness called by the
Plaintiffs, who We're represented as
counsel by w. H. Witty of Pocatello
was H. w. Hall who was manager
of the Remington hotel at the time
| the alleged guarantee was given. He
swore that upon the occasion of
Mr.. Watson's leaving for Chicago,
on Oct. q, 1910, that he (HalD
called the attention of Watson to
the account Rudd was contracting,
and that Watson agreed to
guarantee the board of Rudd and
wife until his return from Chicago.
Watson, it was testified by Mr.. Hall,
expected to- have work for Mr. Rudd,
and wanted to keep him on the
ground. Upon Mr.. Watson's return
from Chicago. which was in January
1911, continued the witness, tse
matter was again brought up, with
the result that Mr.. Watson ex
tended his guarantee, as he again
did Lpon another visit to the Rem
ington in March of the same year.
W.. H. Philbrick testified that
being near in the lobby of the ho-
tel at the time the first guar
antee was given, he overheard the
and he corroborated
the statements of Mr.. Hail. He
also said Watson had given him a |
personal guarantee of the bill at
later date.
The defendant, Watson, was the
first witness called by the attorney
for the defense, 7. D. Jones of
Malad. He denied absolutely ever
having guaranteed the board for
Rudd for longer period of
time than the two weeks. He
further declared that Philbrick was
not present at the time of his first
with Hall and that
be never talked with Philbrick
about the matter at any time. He
nad never talked with Hall about
The matter after the conversation in
October and although he had stop
ped at the hotel repeatedly thereaf
.er, and had paid his personal bill
lpon presentation, no statement of
Rudd's account had ever been Of
ered him. In June, 1911, Hall
wrote him, asking what he (Watso4
Intended to do about the Rudd az
'ount, and claiming that Watson {
lad guaranteed the account the pre-
'ious winter. Watson answered that {
lis guarantee was for two weeks,
Ind reminded Hall that they had
alked the matter over at various
lines. He closed by requesting
)ill for two weeks board, for which
le promised to send check upon re-
eipt Attorney Witty in cross ex-
lmination laid particular stress up
IN Watsons first testimony that
lie had never talked the matter over
With Hall subsequent to October
80. and it's contrast with the let
er, which mentioned talks at var
Gus times Watson declared that
he later talks were about Rudd's ,
onduct, the latter being very dis
oiute. !
L z. Earring testified that Hall r
a1 tod him that Watson guaran- T
eed the account for two weeks only h
nd that Hall was morried as to n
1hether Watson would stand for
he account for ii lnrge~ time. This G
7.ls in December. 1910.
Frank Moench testified that in t.
larch, 1911. in Iooi hall conduct b
j by the witness Hall in American \
'a'ls. Hall told him that Watson y
ad guaranteed the account for two "