Show ANOTHER BIG SUIT Desertl National Bank Against W S Button and Others VEIIDlUr IX TilE 1AYIOI1 SUIT Jury Hmlt for 1litln I IT In IIe Port of 11311 42ru cr Morrow YS llrrll1 tourt lion C t 1 > Judge Cherry li Engaged today hear loa the CBBO of the Dteerei NatIonal NatIon-al 1 Bank I against W B burton Idle Morrle L O llrdy W O JurtoiE M lOVelIer O II Hardy and > Henry Dluwojdiy In rihloh ilalnllfltetks to recover the sum ol 2008390 dieted to be due plalntltl in lerloln promlsury notes given by leftnJsnu to ilalnllH t ai slockholJert 01 f IbeBurloBQardner ompady IThe Utstlou involved la I wbetber a written uaranler given lilullO by defand nts for 25009 ojv rt back Indebted D ie < t at well at future lndebtednei > up 10 125000 all told The complaint allege that on the 8th day of December 1602 the Bur looUdDr company was IL debted to the plilntlll in the turn of 120000 for moneys Iborololoro loaned and advanceJ and evlJencfd by two promissory 001e5 lor 10000 each made by the cUaniueroompiny and bearln dale cl October 1891 and < Nov m br 18 1601 rtipectlvely the 1 flesh nol vmaeudoieid by W 8 Burton U U Hardy sot B M VVeller ami he leoond by Ella MM ro1 O Hardy and W B Butlon It li I then aliened thai on the 18tb of January 1892 all of the defendanti samud agreid that It the bank would eluvl new nolts for the amount coy rted by the first two uotei and would rODew them until pymenl should < be dOIOnl1d not 1 woulll sadvancea fur > cam ol ISIOJ making a total ot 29000 that they would guarantee Ibo payment of the lull amount with 1lol > tut the rate of ten per cent per aObum 10 oonilderatlon ot ibIs promIse aDd agreement plalollO cancelled and surrendered the flrtt two 110101 to the ludorsers and by notel and oVOldroll advanced Ibo urn 01 10 4K The time ol payment was Mended from lima ti tlme and ou IUu 10th 01 Auaud 1803 u demand < lor aymenl was made of Ibo Burton Gardner oompauy and of each defendant < defen-dant which was reluiej No part 01 IndebleJnein has been paid except be um 01 1043Ma and no payments lave been made sInce the 18th of July 1W3 the noto given by 1IolidIOIo to the iinlltl does notitaiu ludnbiedneat iveiea by the flrtt two notei or mOD lion any loam made by plalntil to pay the tame Thin plainllll admits was an Inadvortanee on its part and a lUtual mlitako of bth It and deleE < dent Ilalnllll pray for Judgment agalntt each and all 01 Ibo deleudanti < In thu turn of 2093280 with Inteittt at the rate ol Ion per cent lor I annum I from tbe Slit of AUJUII 1889and alio aikt Ibo court to eu rulorut anil connect con-nect the latter promIse of the defend sole given In willing ai lo bring It within the uuderuandlng ana Intel lIen of both plalntlll and defendant A portion of Ibo defendant < make iLBWer and deny ins allega Ions ot plalntm It li I admit led that the defendaata wer Indebted to plalntm lor moneys loaned to Ibo BurtoLQarduer company alter lbs cx cotton and delivery of Ihe wrllln guaranty It h I aba denied Ib1 tHee sea any mttaka or toad VIIIoc In the written guaranty It to ilated that the BurlouQirdner compoy received after tIle clcntng 01 the guaranty the um 01 3801 20 of which 71120 baa been p > u back It It then allignd In the auiwer that Ito writtenguaiauly prepared by plaluilO without any ooDiultition au ICBor tuigeilluii irom eIther or any 01 r tbadef nuanti and < that when pro seated to ueendauta In terms and DUdltfona were acce I ted and by them delIvered lo the plalntm It It I denied < that there was any advertence I or ilitike ou theIr part and further al Igd that plalutin lea the bolder 01 the guaranty loug enough lo have ictlfled and corrected any mlttaktt If any exltled LuUrand Young ito IMli Ullli are allorueye for pialuillt Manoall 4 Boyle and Moyle Zone 4 Ootllgiu or the defendant Vrdlcl for ill Ilnlnliu The cuo ol the Bnk of Commerce u John IV Taylor el al went to the lucy this morning which returced a ordlol alter being out but a soon whIle lor the il iutlQ and agaInst Iho defendants In the turn 01 1183142 A tinny dayectay was granted dr I uuanta to prepare aud serve elate lent uu a motion lor new trial aiorrox y n rrlll Tb case ol Anole U Morrow lalntt Charlei U Merrill and George 11 Caller cauiBoa for hearIng before Judge Johbtoa today Older ai owner ul Jiljerj Put It li alltged leatud lo iletrllt the park for a term 01 five yean from the 10h of April 1S05 Between toe Ia 01 April and Iba Slot 01 July 1695 lain lit at agent for herhusbind lent It a builder and contraolor wai rti lolo by Caldur and Merrill to Ihe complaint com-plaint allegci to furulah certain labor and maleiltila and to do curtain repair on Ibe piemliet Too value llhe I Improvement auj > ilerlmlauxiJ I ait6d7 30 Ic f whlol I lilutilTwt pat j Itir I > uu of f 10111 < > IOVID bloc 01 07220 one aa uupald lor which > laiiuu uif Mr Mjrrow hid lieu Ufon the auldioni aol Impruvemontt In OiMera pirk whIrl 0S duly tocorJul and wile lalulIU now MUI lo have lorecl and UilJuin deleuie la tint the culldint aWl ImirovuoieuU WOrD not put up ac DoitlloK to bit wliuei and < dtelrtt and that BccoMIng 10 tbo terms of tbe leuie 1 with Merrit he was out reiponal 010 or atly Improvement made by 1111111 IUIIa No J MBtJulIll ulol Aleudor Ill lund nt olin tte TolllI IIltrlol court roJVtf lIe snoB 01 12Z8 and talon oat no Ii plrnly ante oeouroll bl morlRige IlilnllQ attt thai a rt celver be appolnloJ to collect tbe rentt etc ou the mortgaged premliet Judge Johniou found h sauce for the plalntlfl yetierJty allernaon In the Caen of lOre ItemS Weaver vt lame W Flilaaud hIs wH Laura A Im Mrt Ilttt stoned a note for 1100 alone with her hook IIIJ and the suit was brought to foieclott 0 mortgage given I loteiure the paymeot 01 Ibo note The qUfOlI1I for tIm court to decide Was whether lIe Pltli was liable beyond her dowrr In the mortgaged properly Judge Jobbton In i harmony with a recent ruling of Judge Ullet drclded that she wse and nave lade ment tgatitl iln Plllt BI well at her hutbind l ilaltle Komlci It I cuIng her husband Elwln Rmlck for divorce on the Hronbdo Ullullo lopport Judge Hecdeiton rriietenlt plain tIll and Waldtmtr Van Cot Defend tntOflder Tae else bad not been concluded wtrn he NEWS rl net closed |