The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1915-08-06

OllOWS
August LIST, 1911-.-..........S3OOO.OO
August oath, 1911..-...........S3OOO.OO
September 9th, 1911...-.......$3OOO.OO
october 18th, 1911.-.........$1OOO.OO
November 9Th, 1911..-.-.........$75O.OO
XII
That on November 9th, 1911, a writ
OF attachment was served upon the
defendant in an action wherein Lew
ls-Wedum Company was plaintiff and
). s.. Penson was defendant, by rea-
son of which, the defendant refused
to deliver to said j. S. Penson, a war
rant issued on the 9th day of No.
vember, for the sum of two hundred
nifty ($25O) dollars and which said
warrant was afterwards delivered to
the Lewis-W MEDIUM Company, by the
defendant.
XIII.
That in addition to the amount of
warrants referred to in the preceding
paragraphs, said j. S. Penson earned
under his contract hereinbefore men,
toned, approximately twenty-six hun
dred ($2, 600.00) Dollars, which was
IN the possession of the defendant at
the time of the institution of this
action.
XIV.
That the plaintiff prior to the insti-
tuition of this action received from j.
5. Penson on behalf of the defendant,
warrants of said special improvement
district No. 4, amounting to five hun
dred ($5OO.OO) dollars, being the
amount due to the plaintiff, September
LIST, 1911 and on or about the 3rd
day of October, 1911, the plaintiff re-
ceived from said J. S. Penson. on be-
half of the defendant, warrants of the
value of five hundred ($500.00) dol
lars, being half of the installment due
on October 1st,, 1911, and the plain
tiff has not received any other war;
rants under it's said assignment, nor
has it been paid anything %thereupon.
XIV.
That prior to the time when said
installments Of warrants were requir-
ed under the assignment to be deliver
ed by the said defendant to the plain
tiff, the said j. S. Penson, has earned
sufficient money a sufficient sum of
money was due to the said J. S. PEN
son at the time when each of said in
stallments became due, to enable the
defendants to pay each and all of
said installments in full when due.
XVI.
That the defendant has at all times
since said dates refused to deliver to
said plaintiff, said warrants as re-
ouired by said assignment and said
defendant, has at all times since no.
tice of said assignment was served
upon it wholly disregarded said as
signment.
XVII.
That on the 18th day of January,
1912. the plaintiff presented to the
defendant its claim duly verified, de-
handing the sum of fifteen hundred
(S150O.0 0) dollars in any warrants of
the said city of the sum of fifteen
hundred ($1500.oO) Dollars in money,
which claim the said defendant. refus-
ed to consider and by it's refusal to do
so rejected it.
That said claim was a valid claim
against the defendant and in favor OF
the plaintiff.
XIX.
That the plaintiff will be fully com
pensated by payment to it by the de.
PENDANT of the sum of fifteen hundred
($15O0.O0) Dollars in money with in
terest at eight per cent per annum on
the sum of five hundred ($5OO.OO) dol
lars thereof from October LIST, 1911,
and with interest on one thousand
($1,O0O.O0) Dollars thereof at eight
per cent per annum from November
LIST, 1911.
That all the allegations of the plain
tif's complaint are true.
Dated this 5th day of June, 1914.
]. E. ERICKSON,
Judge.
CONCLUSIONS OF LAW
BY reaso of the findings of fact
hereinbefore made, the court concludes
as matters of law,
/.
That the defendant, the City Of
Glasgow, Montana, was obligated tt
deliver to the plaintiff, warrants Of
Special Improvement District No. 1
of said City, as follows:
$4,000 on September 1st, 1911.
100000 on October LIST, 1911.
100000 on November list, 1911.
II.
That the failure of said city to de.
liver to the plaintiff the warrants pur
suant to the terms of said assignment
the said defendant city became liable
to the plaintiff in the amount of fiji
teen hundred (15OO.OO) dollars, will
interest on the sum of five hundred
5OO) dollars, at the rate of eight PEI
cent from the LIST day of October
1911, and interest on the sum of one
thousand dollars ISL 100000 from the
Ast day of November, 1911.
Let judgment be entered according.
ly.
J. E. ERICKSON,
Judge.
AND, WHEREAS, the warrants
mentioned in said findings and con.
illusions of law have not been deliv,
cred to said F. C. Austin Drainage
Excavator Company or anyone in it,
behalf, except as therein mentioned
AND, WHEREAS, said judgmen'
has not been paid,
AND, WHEREAS. there is now :