Show MI w m ciaci el rete co A CASE growing out of tho attachment of duan gos stock of merchandise the first court opened at 3 taft jury in ha cage of wm TS joshua helmaa brought in a verdict for mr bogley for the grey mare and 60 damages lathe case of C I 1 paddock TS worthy nash motion for a new trial overruled A jarv was paneled em in the cae of P trustee for duan gu vs E H eldredge co and othera F B stephens of salt lake city and geo are counsel lur defendants and king houtz for the plaintiff mr kina made a statement of tha case for the bulj prove that a little avor a year ago denu A co made an assignment to mr ford who con 2 acted th business the instruction st of trie attorneys of co aud the creditors cre ditora after he had the business tar gome tibiae 18 of the indebtedness was paid aad it was then agreed by all the creditors except three that dunn co might resume business peter as for the creditors and aate property of diann co was deeded to rater who the creditors mr james F dunn took of ane business under the supervision of Mr OB the ath 0 february dark eldre adga co brought suit for the amount due them and attached the goods mr karty cams on the ath ith a suit of attachment but did not lake possession of ahe place sir stubbs then took complete aa the agent ol 01 ail the ra and look full ch agu of the goutis on the ath mr fiuty haying secured an on the goods ft era afterwards gold on an execution and burth of goods were taken to pay u debt cf 1000 attachments were also t iken out by wood ce and johnson and mr karty justifies und r while they aaroa to the arrangement whereby mr was their agent mr made a statement and claimed that dark Ed co a d others had net entered in the aggee ment anai shohe ano had io to the agreement understood that mr stubbs should handle all the cash aud dojk after iho interest of he creditors cre ditora and that dunn co should aci as cherka this had not been done and when dark eldredge co fund that no money was saved to pay the creditors they took the steps which were taken lu order to protect hemsi lyss lie also claimed that mr karty hid taken possession ou tha of february tames F denu waa the first witness ha testified to making an oa ane igla 01 april lo 10 A E ford they were dowiny dark Et dredge A co tha assi paid 18 to the creditors on the isah of ayubi dark el drca e L co wera paid 18 two days astora the august payment he had a wah mr A e after a meeting of the cherb osof t tie ere jl tore had agreed to let the business ba controlled by as aad the debts ba paid in four qua payments ona ta be made avery bix mons mr ciar K u eed to thia acut ai h al ready bad A nute for alie amount due gark co a new note tras mada tut dark eulridge EUl redge co wera baid lg ana derd and cli attle mortgage made y tl e assigned and to P sn waa offard in evi deuce end ai to by mr stephana Steph cna on tha that taisy had right lo 10 uch au instrument abao f r the reabon abat it wag rut pre et ailua anich pru fidei a ahill ba aborn tj bv efte it wai by mr S ubba but he was the agent if itie aei ga mr king held chit the instrument ati filid with the arf iii ra and dann lo 10 ill in evl arii ii itlie g that it woul hi looked upon aa au agreement bitsi hi ui edit n mr di n i d that mr stubbs louii p on the aih of february and aue aest day tha b was u b mr ka ty mr ahe clerks that he had pi s semon M kany kanip to ab jut 11 thiet day mr stubbs co oi ahe f at about 5 in ohp afternoon mr karty attached the overal d avs after that mr korty took away about norih of goods mr hunu wa crots examined in regard to the method pursued in making the fruit deed aad the way bui nesi ard been conducted ciuca the air a by mr dark to the at of own co cn arnt till fridae morning at 10 ede lr Y court at 10 balock bc lock A F ford was the witness iu th asaff trustee vs E 11 far on et al haj testified lesti fied 10 m aline i circular letter to dark el eda co aad a sc ibid was bind d 10 M houtz alei al torne thi i aa while mr ford 11 for dann 1 0 jame faunn test fied to a chaer lion mr dark bafo e ana mo i age to peter stubbs was sign d mr cark spoke of th preposition contain a in the circular betler lie stat rl lie hail received it and it it was the of ahe of the creditors to au as wag opre bel in tha circular letter chark would not object but agree to it they had also talk ed aboud the purchasing of goods to carry tha bisinais bisi nass en and dunna go did buy gooch from alk eldredge co after the trust deeder entered into in that convention mr wa of ar e person agreta upon as trustee mr diann bad told mr dark i hat they intended to purchase suan goods aa they needed to atry on the business from their creditors and pay cash for them john dark was called and testified that hah ad received ceyral circulars from dann co and bo bali ayed ba had received the secord circular which 1 stated the propositions of dunn co to their creditors mr ford was recalled and testified that an exact copy of circular was sent to dark eldredia Eld redga co on he eaid it was either ant them direct or handed to their A copy of the circular was offered in evidence objected to on the ground that the original was the best evidence objection sustained peter stubbs testified to being in the store of dann co on the jtb of feb arnary 1892 when mr stephens and korty came there mr stubbs identified an invoice of property taken from the aloie by mr korty the value of the property waa over after mr had taken possession mr stubbs made a demand on him fer the goods orthe afternoon of the ath of B february mr took exclusive possession of tap boods on abo ath ol 01 february the question of mr mr stephens held was iu material and ho objected to mr stubbs being exam ined in regard to that for the reason I 1 that tha mortgage or trust deed to mr stubbs was invalid this caused a large amount of authorities to be cited in regard to the nature of tre instrument the objection was air stubbs testified on cross examination that be and the clerks ard taken an inventory of the goods before mr korty took them aut the retail price was marked on the be direct regardless of the mark on the goods I 1 would consider a fair cash valuation of the goods in bulk oa th shelves in that about the best goods were taken away and only inferior goods left john W fc tubbs who was present when the goods were inventories inventoried invent oried and assisted in the work the pages on the inventory written by him all the goads inventories inventoried invent oried by him were taken he corroborated he testimony of mr peter stubbs in regard to the value ef the goods joshua F daun identified the portions of tha invoice he had written jamba F dann gave his opinion that the wholesale avalne valne of tha goods taken away was court adjourned till 2 it should be m every house J B wilson clay st sharps burg pa saya he will not be without j dr kings ew discovery for aion coughs and colds that it cured his wife who was threatened with pneumonia after an attack of la griepe when various other remedies and several physicians had done her no good robert barber of Cook sport pa claims dr kings new discovery has done him more than anything be ever ased for lung trouble koting like it try it free trial bottles at smoot drug co larga bottles 50 cents and fi |