The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1915-07-30
said assignment warrants of Spe-
clal improvement District No. 4 as

cial Improvement District No. 4 as
follows:
August LIST, 1911..-.---........$3OO0.OO
August oath, 1911...----...-...$3OOO.OO
September 9th, 1911.-.-....-.$3OOO.OO
October 18th, 1911......-.-...$1OO0.O0
November 9Th, $4,000
XII
That on November 9th, 1911, a writ
OF attachment was served upon the
defendant in an action wherein Lew
s. Wedum Company was plaintiff and
). 5. 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
fifty (S250) dollars and which said
warrant was afterwards delivered to
the MEDIUM Company, by the
defendant.
That in addition to the amount of
warrants referred to in the preceding
paragraphs, said J. S. Penson earned
under his contract h~ereinbefore men,
toned, approximately tw~enty-six hun
dred (S2,6OO.00) Dollars, which was
n 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.
S. Penson on behalf of the defendant,
warrants of said special improvement
district No. 4, amounting to five hun
dred (S5OO.00) dollars, being the
amount due to the plaintiff, September
1st, 1911 and on or about the Bird
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 ($5OO.OO) 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, MOI
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 ]. 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 time:
since said dates refused to deliver tt
said plaintiff, said warrants as re
ouired by said assignment and sait
defendant, has at all times since no
tice of said assignment was servet
upon it wholly disregarded said as
signment.
That on the 18th day of January
1912, the plaintiff presented to tn
defendant its claim duly verified, de
handing the sum of fifteen hundred
(%S15O0.00) dollars in any warrants O
the said city of the sum of ffteel
hundred ($15OO.0O) Dollars in money
which claim the said defendant refus
ed to consider and by its refusal to d
so rejected it.
XVIII.
That said claim was a valid CLAIM
against the defendant and in favor o
the plaintiff.
ALA.
That the plaintiff will be fully com
pensated by payment to it by the dc
PENDANT of the sum of fifteen hundre
($15OO.OO) Dollars in money with in
terest at eight per cent per mum o
the sum of five hundred ($5O0.OO) dol
lars thereof from October LIST, 1911
and with interest on one thousan
Isl. OOO.O Dollars thereof at eigh
per cent per anu from Novembe
1st, 1911.
That all the allegations of the plain
tif's complaint are true.
Dated this 5th day of June, 1914.
j. E. ERICKSON,
Judge.
CONCLUSIONS OF LAW
By reason of the findings of fac
hereinbefore made, the court conclude
as matters of law,
/.
That the defendant, the City
Glasgow, Montana, was obligated I
deliver to the plaintiff, warrants
Special improvement District No.
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 d
liver to the plaintiff the warrants pu
suant to the terms OF said assignme1
the said defendant city became lab
to the plaintiff in the amount of Fl
teen hundred C500.00) dollars, wi
interest on the sum of five hundr'
5000 dollars, at the rate of eight p
cent from the 1st day of Octobe
1911, and interest on the sum of OF
thousand dollars Isl, OOO.OO) from Il
LIST day of November, 1911.
Let judgment be entered accordin
ly.
J. E. ERICKSON,
:. Judge.
AND, WHEREAS, the warran
mentioned in said findings and co
illusions of law have not been deli
cred to said F. C. Austin Draina'
t Excavator Company or anyone in
l behalf, except as therein mentione