The Sun. [volume] (Price, Utah) 1915-1932, 1918-08-23

u Demanded Instead OF Four.
Through her attorney, Oliver X
Clay. Mrs. Maria u. Verdi has brought
suit against Helper state bank. the
action being placed of record with the
district court at Price during the last
few days Plaintiff Is the widow and
also administrators Of the estate OF
Tony Verdi. deceased. who was killed
outright in the rearcnd collision of
freight trains Cthc sunnysidc wrecb
at Price In December. 1919. The COM
plant reads that ON July ~. 1917.
PLAINTIFF loaned defendant the sum Ut
ten thousand dollars. fur the use Of
which defendant agreed 60 pay inter-
Get nt the rate 81 4 per cent per am
mum Tor period ~ one year. that de-
PENDANT issued IT, certificate uf dcpus-
u In favor NJ plaintiff. which snid ccr-
tinratc provided Tor Interest ~ the
rate of Z per cent per npuum Tor r.
period of only six months from jay
IL. 1917 thnt subsequent e. the issu-
nnce ~ said certificate. tuwit on the
same date. pnintitf discovered that
4nid certificate was issued Tot "a period
upun called the mattcr To- the attcn-
ton of defendant and defendant then
and there agreed that interest would
be- paid to plaintiff az the rate ut
per cent per nnnum Tor q period 81
one year from July ~. 1917
THAT plaintiff relying upon the
said promise. agreement and repre-
aentntion ~ defendant, permitted de-
PENDANT &C. have ana uH" the said ten
thousand dollars Tor the said period
~ one year. tnwit up 60 aud includ-
ing the iith day.of July, 1918. That
upon the said nth day ~ July, 1918,
plaintiff made demand upon defend
ant Tor the sum uf ten thousand doll
lars. together with interest at the rate
" I per cent per nnnum, Tor the en-
inr period. from July ~. 1917. to
july ~. 1915, that defendant Tailed
nnd refused a. pay plaintiff Interest
for the fun year. hut paid only Tor
the period of six months, towit from
Juiy n. 1917. TO January ~, 1918, al
the rate 81 per cent per annnm
lnmounting a. two hundred dohhn,
that M the time plaintiff accepted
the said two hundred dollars " wa
und.rntood and agreed between plain
uff and defendant that said payment
Inv defendant. and acceptance by
plaintlff. should not be IN full settle
mont OF said indebtedness, and tina
plaintiff did not thereby waive AM
right To take legal action, hut "a
prcssly reserved the right. " she Hnv
| fit to have the matter adludicatod ~
Litigation. That said Indebtedness an'
intcreat. amounting 90 two hundrc'
dollars. IL still due from defendant 4
piaintiff aud remains unpaid, thougl
demand has been made Wherefore
pIslntiff asks judgment against de
PENDANT on her first cause of actio
for the sum ~ two hundred dollar
together with Interest from July u
1918. 10 slate ~ Judgment with costs
Second Cause of Action.
For a second cause ~ action plain
luff nlIcEra. THAT ON July ~, 1871
plaintiff deposited with defendant. q
its special instance ana request, IA
sum Of ten thousand dollars. r.
which certificate ~ deposit was u
sued maturing Ia Xix months froi
date. bearing Interest at the rate I
4 per cent per annum' that dcfendni
between January ~. 1918, and Jul
] l. -
good. tender IN plaintiff the said "a
thousand dollars with interest, h'
kent and retained the aaid ten thou
aud dollars with interest up 10 ana u
Guiding the iith day OF July. 1911
, that ON the nth day 81 July, isl
plnlntiff made demand on defenda'
for the said ten thousand dollars VII
Interest from July ~, 1917, 60 Ju
In. 1918. that defendant failed an
refused to pay plaintiff Interest q
the fun year. hut paid Interest on
from July II, 1917, Co January !
+, lIsiS. nt the rate uf per cent ~
nnnum. amounting Co two hundr'
dollars that al the time plaintiff a
ceptsd the said two hundred dolla
: II was understood ana agreed betwe'
, plaintiff and defendant that said pa
: ment by defendant and acceptance
plaintiff should not be IN fun settl
ment of aid Indebtedness. and th
plaintiff did not thereby waive al
right 10 take legal action, but e
+, pressly reserved the right, n she VA
= flt. 90 haye the matter adjudicated
litigation; that the interest ON said q
!, thousand dollars from January
1918, 20 July II. 1918. has not be-
paid. though duly demanded; IN
plaintiff n entitled Go the legal int
! est FOR the Use Of said ten thOuSal
dollars from January II. 1918, 60 Ju
I. ~. 1915; that the legal rate OF inte
!. Get IL. by Compiled Laws of Uta
+, 1901 (sec. l2fl 5 per cent per a
]. mum. wherefore. plaintiff asks jud
A ment against defendant on her secOl
n cause OF action for the sum Of 10
A hundred dollars. together with ints
!, est from July n, 1913. 10 date
a Judgment and the costs OF this actor
!. In the meantime. however, NJ
: Verdi has changed her banking 90
n noctions 90 Salt Lake City and els
;, where. The money she had on d
!. poslt at Helper and which she thong
was drawing 4 per cent for sc
came 90 her from the Denver and II
Grande In settlement for her IN
bands death.