Show 1 A A1 E HYDE SAIS SU1ll1G OMETHNG His Answer to the Suit of John Beck ALWAYS READY TO SETTLE I2 BIT BEOlv WOGLD AOT MEET HIM FOR THAT PUItlOSB Of Couj e He Holds the Book and I Voucher That if a BnsIncs > sIro l > o itlou Allcgrcs That He CanS Can-S Slidir Vouchers For Every Dollar That Has Been Spent The second act in the sensational rencontre between John Beck and Alonzo E Hyde was begun yesterday afternoon in the office of the clerk of the district court at which Ume the defendant launched a voluminous re under denying almost in toto the barges that had been laid at his door Further defendant Hyde presents a nvidost dun for services on whfch he fixes a price of 5000 per annum be tweon the years S9 and 92 and of 250 i month since April of the latter year The document though umvelidly is interesting I reads John Beck vs Alonzo E Hyde Now comes the defendant above named and for answer to the com jilaint of the plaintiff on file herein Denies thaT from the first day of August Au-gust 18R9 up t and including the first tUy of April 1892 or for any other period of time whatever this defendant was the confidential agent or attorney in fact of said plaintiff acting a such under a full general power of attorney from the said plaintiff and as such having full or complete supervision or control over the pecuniary affairs of h iid plaintiff or the management of his plaintiffs business or the collec tiui or disbursement ot the moneys of said plaintilf or the buying or selling of personal property or hoses in action ac-tion of or for said plaintiff And allegros that upon towit the Sth day of July JL8S9 the said plaintiff was gieatly embarassed financially that many of his creditcrs had at and before the date last aforesaid obtained judgments judg-ments against him for large sums of money and many other creditors of the said plaintiff were then pressing said plaintiff for payment of their sev tral claims and demands against him and threatening him with suits for the enforcement and collection thereof that the said plaintiff was at the date IdFt aforesaid and for a long time I thereafter towit until the 1st day of Apnl 1892 unable to meet qr satisfy the Claims and demands of his creditors credi-tors torsThat That the said plaintiff on towit the J th day of July 1889 was the owner > f a large amount of personal property prop-erty consisting of stock in corporations and other property and the said plaintiff plain-tiff then realizing that is his said propErty prop-Erty could not be temporarily shielded 1 rom the claims of his creditors that A it would be sacrificed and would j two 7 insufficient to meet the claims and demands de-mands of his several creditors and Ijolieving that if he could so temporarily temporar-ily shield it from the claims and demands de-mands of his said creditors and retain the management and control thereof t fnr a time that it would prove of great I value and enable him not only to meet and discharge all of his debts and liabilities I lia-bilities but leave him a large surplus aftfr all such debts and liabilities were i paid and discharged did on towit I the Sth day of July 1SS9 request this defendant to permit him the said plaintiff t p t plain-tiff to place all his said property in t the name of and under the apparent i management and control of this defendant I t d defend-ant and this defendant did aid counsel 4rrt 1 coun-sel advise and assist the said plaintiff in the management of all his said prop trtv interests and business and this 14 defendant did on the date last aforesaid t afore-said consent to permit the said plain 1 I till so to place his said property in the F AJ name of and under the apparent man y arement and control of this defendant hnd did also consent to aid counsel advise and assist to the best of his ability the said plaintiff in the conduct and management of his said property interests and business and on the day last aforesaid in pursuance of said request re-quest of the plaintiff and consent of this defendant said plaintiff did make execute and deliver to this defendant a full general power of attorney that thereafter and until the first day of April 1S92 this defendant did in pursuance pur-suance of the said request of the said plaintiff and the said consent of the said defendant act as the confidential ogEnt and attorney in fact of the said plaintiff in the supervision and management A man-agement of the pecuniary affairs of the F said plaintiff and of his business the collection and disbursement of moneys and the buying and stUng of personal property and choses in action bit de tiles that Ke over at any time as such agent or attorney in fact or otherwise other-wise had full or complete supervision or control over any of the pecuniary affairs or business or property of the said plaintiff but to the contrary al leges that during all of said period whip he did to the best of his ability advise counsel and assist the abit plaintiff in the management of all his said property interests and all his business yet at all times he this hi fendant was required to and dId in all maters and things pertaining to the A upi imeresis ana business of the said plaintiff execute and carry out the commands and directions dIretons of the said I plaintiff with respect thereto k That during all of said period the I moneys received by this defendant on account of the said plaintiff were de posited by defendant to his defend ants own credit in the dEend wore paid out over his own signa tures and the funds of the said plain o tiff and of this defendant were inter mingled that it was the understand o ing of the said plaintiff understnd raonr > B should be deposited by the said defendant < o his own credit and that the same should be paid out over his uwn signature and that such moneys tit should be 4mtermlngled with the intermirgled wit mon ys of this defendant all of which was iniessary in order that the said plain tiff might be enabled so as aforesaid I t < temporarily shield his property from th reach of this creitors propert That at many limes during said per jv1 i this said defendant did in order to assist the said plaintiff in extricat l itff himself from his financial difficul fnancial tips loan and advance to said plaintitf plalntf divers large sums of money and did loan and extend to said plaintiff his this defendant credit by endorsing for the accommodation of the said plaintiff I md by signing as plaiatif 1 er for 2 the said plaintiff commercial paper representing a large amount of money to enable the said plaintiff and whereby the said plaintiff was enabled from time to time to raisa large sums of money needed by him in the con duct of lila said business This defendant admits that between Ihe first lay of August 1889 and the first aay of ApHl 1892 he received for and on account of said plaintiff not Qn Ealc p1aIntf less than 535000 and alleges that be a tween said dates he received more than 1 said last mentioned mentone sum towit the 1 sum of 5S565871S and alleges further furter that between these dates he said de fendant paid laid out and expended de 11 1 for and on account of said plaintiff t 1 and under his direction and plaintf 1 special instance and request the sum I of 84576946 allot which Was paid I laid out ana expended by this defen dant in and about the conduct and 11 nlanagement of tbe said business of I the said plaint And this defendant defies that cince the date last Ginc data aforesaid JI I he has collected a the confidential confdenial 1 agent or adviser of said plaintiff or 11 otherwise the sum of 1250000 or any a1 11 other or greater sum than the sum of W 31645845 and alleges that since the I date last aforesaid he has paid laid < aiI end expended for and on account f the said plaintiff and under his direction di-rection and at his special instance and I l a J J f request in and about the conduct and I management of his said plaintiffs business the sum of 4001190 that the moneys so paid laid out and ex I penoed by this defendant for and on account of the said plaintiff and under his direction and at his special instance in-stance and request in and about the conducting and management of aid plaintiffs busness exceeds by the sum I of 127357o all moneys collected or re ceved oi1 which have in any way come to the hands of this defendant for or on account of the said plaintiff from any and all sources since the 8th day of July 1889 no part of which last mentioned sum has been paid This defendant denies that on the ISth day of November 1893 or at anytime any-time he refused to furnish said plaintiff plain-tiff a full or complete statement of the accounts between him and said plaintiff plain-tiff and alleges that he has at all times been ready and willing to account ac-count with said plaintiff for all moneys or property of said plaintiff which has at any time come to ms aeienaanis hands and that he has repeatedly requested re-quested the said plaintiff since the ISUi of November 1S93 as well as before be-fore that date to meet with this defendant de-fendant and to go over with defendant the account between them and to adjust ad-just and settle the same that while the said plaintiff did at various times promise so to meet with this defendant defend-ant for the purpose of examing and settling the accounts between them he has at all times failed so to do That the accounts between the said plaintiff and this defendant are lengthy voluminous and in many respects re-spects complicated and in addition thereto the said plaintiff had and has in i his possession many of the vouchers relating thereto so that without the presence and assistance of the said plaintiff and the inspection of such vouchers this defendant could not I without very great difficulty and a great expenditure of time and labor make a full accurate and complete statement of the account between him and the said plaintiff and so informed the said plaintiff And this defendant admits that the statement of account furnished by him to the said plaintiff on towit the 19th day of January 1894 was an incomplete in-complete and partial statement only of the account between him and the said i plaintiff and alleges that he so informed in-formed the said plaintiff at the time I he furnished the same to him and again then and there requested the i said plaintiff to meet with him the said defendant to submit such vouchers as he said plaintiff had in his possession pos-session for the examination and inspection in-spection of this defendant and in company i com-pany with said defendant to examine and inspect all the books and vouchers I relating to the said accounts but that the said plaintiff then and there failed I I and neglected and ever since has failed I fail-ed and neglected to meet with this defendant for the purpose of inspecting inspect-ing and examining the books and vouchers vouch-ers relating to said accounts or to furnish fur-nish for inspection and examination such of said vouchers as were in the I possession of the said plaintiff or to aid or assist this defendant in any manner or at all in the preparation of a full true and complete statement of said account This defendant admits that he has refused to deliver up to said plaintiff the possession of the books vouchers or other memoranda in his possession pertaining to the business of plaintiff with this defendant as he had a right t do but alleges that he has at all times been ready and willing and has so informed said plaintiff frequently that he said plaintiff should have free and full access to all such books vouchers and other memoranda for the purpose of examining and inspecting the same by himself or any accountant account-ant he might desire tp have inspect the same This defendant denies that he has in his possession or under his control any property of We said plaintiff which came to his deTendants possession as agent of the said plaintiff or otherwise except the following property towit 12500 shares of Utah Asphalt Varnish Var-nish company stock and 40050 shares of Crown Point Mining company stock all of which he is ready and willing to surrender and deliver to the said plaintiff upon payment to him by the said plaintiff QtK ihc moneyaoiue to him said defendant from said plain tiffAnd And this defendant alleges that the services rendered by him to said plaintiff plain-tiff as aforesaid from towit the 8th day of July 1S89 up to and including the first day of April 1892 are reasonably onably worth the sum of 5000 per annum and that the services so as aforesaid rendered by him to said plaintiff plain-tiff since the first day of April 1892 hitherto are reasonably worth the sum of 250 per mOlt Defendant further alleges that he is now and he has at all times been ready and willing to account with said plaintiff plain-tiff fully and in detail with respect to all said business and property Wherefore having fully answered this defendant prays an order judgment wit and decree of this court as follows to witThat That this cause be referred to a master mas-ter to take and state the account between be-tween said plaintiff and this defendant and that upon settlement of said account ac-count this defendant have judgment against said plaintiff for the sum by said accounting found to be due to defendant de-fendant from said plaintiff and in ad dition thereto for the 7easonable value of the services so as aforesaifl rendered render-ed by this defendant for said plaintiff and for such other relief as may be just and equitable in the premises AT H DICKSON BROWN HENDERSdN Defendants Attorneys |