Show DI STRICT I 1 T OUR jank J ft V 11 mm T vs I 1 so D I 1 C reed et al ALL AROUND PARTNER reed feed and cropper tell their side of the controversy TUESDAY court resumed session at 2 the case of olha 11 W hawley vs cory bros broa co was waa continued till may aith judge judee Hen henderdon derBon male ma ie a statement ot of the case of junk fabian vs D C 0 reed and 0 W cropper as pals and li holbrook and sim duggins as sureties the defense is ia that through misrepresentations on the me part pan of S IV ecott they entered into an agreement with junk k fabian to deliver head of sheep to them and failing to laso la BO were induced to give their nates to the s mount of as damages they claim the no notes acs were iven I ven without withof wi thou consideration and also 1 bring a counter claim for tb the e us use of wagons and teams for moving sheep herds in nevada they claim that ri 8 W scott was a partner of junk fabian and became a partner with the defendants for the purpose of inducing them to enter into a contract that could not b bs filled without great loss to them they bad hadgi givin ianS in S VV scott at least with which to buy sheep cheep to deliver fabian on thi the contract lie he had bad bought sheep for the money and turned them over to junk fabian but not on the tha contract ot reed cropper and that he ha knowing knowingly iv failed to get gat the sheep for the purpose a of obtaining in damages for himself an and d his part ners junk fabian mr marshall made a statement for the plaintiffs he claimed the evidence would show that S IV scott was sit aa agent of junk fabian and that his hia interest in the he business was a percentage on the pro fits of the business he transacted transact d for or them junka junk fabian had bad been compelled to buy sheep fit at a higher orice drice than abe chev had agreed to pay reed cropper in order to fill their owa con tracts the damages were agreed upon between betge ali the two firms when whan the notes were given they Thoy would contend that there was waa no partnership between scott and reed J kC cropper ropper and that if was any irand fraud it was waa between them and mr scott to defraud junk A fabrian cf IV cropper testified that in october issa 1889 mr scott had asked him and reed to form a partnership with him scott to buy sheep for junk fabian he said he could buy the sheep for and finally he be cropper had bad gone to mr fabian who w ho had agreed to pay lor the she sheep ep junk fabian and mr scott were present when the eon contract tract was made out the agreement between mr scott and P teed reed cropper was waa that they should eh ire equally the profits f the sheep at that tinie time did not know that junk fabian and Scott part partners nersA A contract between scott and junk fabian showing fin an agreement for laying and selling sheep i in partnership and ad d dividing the profits was read and placed in evidence mr cropper testified that a second coi contract tract for del delivering iverine of sheep was made between reed cropper and junk fabian after the contracts were entered into he gave mr scott to buy mr scott beut west wait to buy sheep 1 and l nd mr reed went south and was also alio to buy sheep when mr scott came bak he said he be bad bought some ome sheep and turned them over ove r to frnk ftak faman fabian on oa a aai individual contract he H e had bad sent his son and an outfit consisting of a spring wagon team and a saddle horse t ta go with mr scott to nevada after sheep and they had brought some sheep which mr scott turned over to junka junk fabian on his bin individual account after this suit was commenced he found out from mr scott that lie he was in partnership with wita 1 junk fabian mr scott at that mat th time ue admitted that mr fabiah had bad said eaid tu to him in evanston 1 I arua irua run a bluff on the boys and collected which the thet i need not have paid this a tat ement of fabian was stricken out a as s being improper when the settlement was made and the notes given to junk fabian no account was made of the reed heed cropper had bad paid mr lit scott because they did not know he be was a partner of junk fabilli tross crom examined 1 I did not know that mr hr scott was waa an agent of lunk junk fa bian at the time tima the contract was made I 1 received a 00 check when the fir first it contract was made the check was wall si signed ned jank fabian per S IV scott and and admitted in evidence another cheek check for 1500 similarly signed was identified us as was also the first r check anu ana placed in evidence jilis 1 I ois examination con continued linued I 1 think I 1 saw mr scott signed the check but did not cot know anc r anything about him beins being a partner A nura number ber of answers made mad e to questions on a vr previous evious trial were read tending to show that mr cropper erk knew new mr scott was a partner artner P of junk fabian somo soma of the quest ques isas lie he clarid clai inid un 13 hai hao a answered ande a misunderstanding D 0 reed wati was the next witness he ha testified that a contract was entered into by mr 1 scott cropper and himself tu deliver sheep to junk X c fabian 11 was present when the second contract entered into with junk ck fabian but not know that mr scott was a apar par ane of junk rabian fabian ho he did n nt t know when the iha notes were given ihrl such a partnership expiated exia ted lie ile corrol orated the te alimony of ur mr chopper U ol 01 in in reg ad to sending vending the out outfit a t to jo nevada afton sheep court adjourned till tomorrow at 10 FO bourt n opened at 10 G 11 II co cio p r was recalled re rea called ile he les 63 tidied to a written contrast entered into by cropper scott and ked D 0 R pal wai recalled re called fie ie testie that sir mr scott had signed a note for 1500 which ho be was to 0 o pay this to ap ply tl y on the money he be had obtained from C cropper ppe he also returned WO b dihe he was cre crass examined in regard t to 0 ak I 1 knowledge now ledga a ef a written contract bt be t cropper reed and d scott his hia refreshed with was frequently doubt doubtful results by reading fro from mevis evis dance gives given at a former trial L holbrook testified to sigwina signina the note n te eiven i to junk fabian in settlement of the contract with reed cro cropper as aa a surety when he be endorsed the contract which he also signed as aa a surety scott reed beed and cropper were pret present tent mr cropper first asked him bim to sign the contract he read the con tract several times he rather demurred to signing reed cropper and scott told him he would not be responsible for the fulfil fulfill mert ment of the contract ct bat for any money that might be ba advanced by junk fabian it was waa not disclosed to him at the time that mr scott was a partner with either reed cropper or junk fabian if it had been he would not have signed it when the contract was not net filled junk fabian threatened a da dagad aga suit fuit unless the notes were given he be then sigme eigner I 1 the notes to avoid a suit euit ile he learned from mrs mra chopper after the notus notes were signed that sir mr scott wa vaa a partner to reed cropper then he went trent to deseret and obtained the partnership contract after the notes were due he learned from mr fabian that mr scott was a partner of junk fabian mr scott lad had afterwards told himin him in salt lake that he be was a partner of cf junk fabian in the sheep conr con tracts sim duggins testified to the notes because he be was surety on the contract which the notes were giyen given to settle he did not know mr scott was a partner when he signed the contract and note if he be had known this he would not have signed either use the contract or note mr scott had told him that le he was a partner with junk fabian and a short time babare he learn ed that mr scott was waa a par partner mar with read reeda Cro cropper pier W U H webb testified going to era fr reed cropper to receive some sheep from mr scott he hb had been instructed ted to pay mr scott what money he had mr acott refused to let him haye have the sheep claiming they were bought for junk fabian mr mi scott used reed croppers wagon and horses to bring brine the sheep into oas oasis is i the IBS horses werdina were in a very bid bed condition when they I 1 were brought in cross crose exam examined 1 ned mr scott L old lold me I 1 could not have the sheep because I 1 did ilot have money mcney enough the defense lief suse rested I 1 mr fabian was called by the plaintiffs he identified a cou contract tract executed between junk fabian and tf W V scott and also a contract with reed feed cropper Cropp sr mestre cropper and scott and junk fabian w wese ese present when hen the contract was iras signed five hundred dollars were paid when tle coia contract tract was signed and forty 3 dol lars alter after the were ivere sureties signed mr scott signed the checks hel he elsaid he be wanted to sign the first check to allow his interest inte reit in the contract read raed and copper and scott were pre pra sent when the second contract wa made be cams came sureties suri ties five thousand dollars war paid on the second contract ia a check to mr cropper this check was signed by mr scott the contracts were no performed and junk fabian had fa a settlement with reed copper in deseret where 6 COO dollar damages for not filling the contracts and the fi advanced to reed A cropper were to be returned to junk fabian at that time a part payment was made including inc ladina a note of mr ra scotts cotts for GOO CCO mr fabian had remarked in accepting the note that mr scotts interest witt with junk fabian was sufficient to protect them on the note notes for the balance signed by reed crop cropper P er and holbrook Holb and duggins as sureties were iben iren mr fabian first knew thit mr scott wats waa interested with reed C cropper ropper when the answer to the complaint was filed ho he denied that he bad ad mattad bitted to mr holbrook that mr scott was a parti partner of junk fabian he be tad lad never concealed it never paid any at ati to it prior to the settlement at deseret reed cropper did not claim they had bad le lei mr scott have any money the sheep at era belonged to J junk ank fabian and were paid for by that firm mr scott never hever bought any sheep from them which were not paid for by them before the notes now sued on were made mr fabian did not know that mr scott was inter interested eted with reed cropper in the sheep business ni no inquiry was made of junk fabian as aa to mr scott scotta interest with them james woodland of millard county was admitted to citizenship A 1 recess was waa taken till 2 |