| Show W S 1 INT A four fou I 1 a Thou thousand saud do dollar a I 1 I 1 foot R race ace STAKE HOLDER SUED SHED the jury still considering the su supply P ay iy company compan y case the first district court tes ees sion sien at 2 upon application of C H edwards the bond of jens C jensen who was bound over ovar by the tha justice of the paste penca of cf pleasant grove to await the action of the grand jury on a charse charge of gi giand and larceny were reduced from 1500 to 2750 J A do de valley was cross examined by mr king in regard to the arrange menti ants that had existed between thompson and himself moses and babcock he ha claimed that the bank had no security for the money advanced to moses and babcock except the tha eight drafts drawn by moses aad babcock on the parties to whom the produce was shipped which passed through th roush the bank of commerce 0 C S thompson testified that no partnership bad existed between the utah supply Cs co and mr da valley and himself hi maali moses and babcock were to draw on their consig consignees nees with the bill of lading attached through the bank of ef Com commerce marce and when the business was the fall a settlement was to be made and a fair interest allowed for the use of the money advanced to buy produce the bank had not shared any of the profits of the tbt business of moses and babcock mr stewart had bad owed the bank tome money and mr thomson had bad interested himself to help mr stewart sell his produce to the tha utah supply co ih ahat at he be could pay his note on the bank A settlement had been had with the sank of commerce an and d mr moses had executed notes for all the overdrafts and interest the moncy mr mosea ha obtained at the first national he be had deposited with the bank of ef cora com agieree to a apply P ply on overdrafts d this closed the testimony for the defense fe nee J 0 were wera recalled for y rebuff abut tal he denied that any any arrangement was made madelo to pay L a beas reasonable anable at the enil end of the shipping season his understanding was thi that t the profits should ba equally ish ahamed a red closed the evidence mr moved for an order of cf a verdict in favor of the defendants di valley and thompson as aa no partner ship lad had been shown even if it was waa true aliat the profits were ware to be shared judge blackburn to so order and stated that if i no partnership had been shown he would instruct the jury to find a verdict for mr da valley ana mr thompson mr king cited authorities showing that in an aaroe agreement maent to share profits con cons i a partnership after tb tha e arguments ui counsel to the jury jul jud ge e blackburn instructed that if and thompson were not part ners w ith moses mosea babcock they would not b be a liable A test to determine partnership are the facts brought out by the he actions of the Dar camera nere if the facts fact 6 are not then s sufficient then the intonti ons BBS of the mea the tha partnership ive cames mes a test of 0 partnership and agreement to share profits would not a partner sUp ip lacut if the evidence was that they intended to conduct the bu business as pa gnei 5 and so understood they were partners and thompson and devalley are ara equally liable with moses and babcock A jury was called in the case casa of Jamea roo Rooney n ey vs lester leeter taylor et etal al judge powers is counsel for mr annies big brother and geo Sat sutherland heiland for lester taylor et al judge powers made a statement of the case brig campbell desired to make a boo x race raca with mr kinsey on the oth of april campbell bori bonsted ewed tsoo from james rooney and others to put up as forfeit at the tims time of the race the of may more money was put UP ap swelling the amount to mr rooney placed the sum of and others furnished various amounts this money was placed in mr taylors hands as a stake holder at the time of race those who had bet on him called out that it was no race at that time kinsey turned around ard and campbell started and followed him up pretty closely but fiust y cams out ahead mr rooney and the others who had bel been played for suckers demanded the re return t urn of the money which had bad been put into Taylora Taylors hands he said he would do what the judge decided several demands were made but mr taylor still ill refused to turn ov over er the money but paid it to mr dizon dixon the backer cf kinsa y mr rooney now sues for the entire amount with interest he having been made assignee of ci the other men who were wera taken in in mr Sul sutherland berland stated that the only thing thin to decide was whether the money was turned over to the winners after he be had bad received nutice notice not to turn it over and if it was put up bv those thoe who now claim it which the defense clai claims ins is is not the cafa audr judge p powers agreed the that t was visas all that hat was as necessary I 1 and the question of fairness or unfairness of the race would not be gone into james rooney the plaintiff wat wa called he nave gave a history of the race and stated that he had bad made repeated demand t for the before it was arned over to tg dixon an I 1 in the p presence re or of tle the judes judes I 1 i mr I 1 yu ssu herland subjected rooney to zi a crom croas iti ill which it was drawn on that brig campbell Cain had gone dowa irom bioni casts ca ade gate to rin a race in Olly and rooney ai d some others had bad gone dowa to bet on the rare race I 1 to the jury arv in the case of the first na onal bank kaj vs J ADa A Valley et c RL al i and not having agreed d ft ere called ia agree upon a verdict were informed they uld bain baing a verdict in the morning court adjourned till saturday at 10 |
