OCR Text |
Show A VERY BIG CASE W. II. Smith is. National Bank of Commerce et al. FOimilETEEN THOUSAND Dollars Turned Over to Elmer , Jones Alieg-ed to Have Been by Him Fraud- ulently Approprieted to Hie Own Uae Two Important New Case Filed Other Business. Today in the First District court, Henry Adams, county attorney foi Tuau county, in behalf of the county, tiled a complaint against the First National Na-tional bank of Neptii. The complaint alleges that on the 27th day of January the defendant received from the plaintiff for collection, two claims against the territory of Utah, the same beiua $1,000 appropriated by the legislature legis-lature ior roads and bridges and $223,70 for maps and plats. That on tne 3rd day of January 1894 the defendant de-fendant collected these claims from the territory and received the sum of 11,223.70, an 1 that the defendant has not paid and refuses to pay piai'jtur. It will be remembered that Alma Hague who is now under indictment for euihezzelment was cashier of the bank named as defendant in this suit. Another suit has been tiled by J. B. Milner of '.his city. Mr. Milner asks that J. D. Jones, probate judge, be restrained re-strained from approving tne final ac-couut ac-couut of JeantUe Ann Miluer, admin istratrix of the estate of J, W. S. Mil-ntrivieceased.and Mil-ntrivieceased.and from dettributiugthe funds and property of said estate among the lieirs. Plaintiff also asks that Mrs. Milner be ordered to fulfill the trust of her deceased husband who was agent during life lor plaintiff, aud py to plaintiff the proceeds from four notes collected by her aggregating 200J, less $6J0 owiug by plaintiff to deceased. In his complaint Mr. Mil ner alleges that his deceased sou's wife was well aware ot ner husband's trust and that after his death informed plaintiff that the notes were lost and that it would be necessary for him to recover as best he could from the makers of the notes. The complaint also alleges that later plaintiff learned that these representations on the part of the administratrix were false ana that she collected said notes, the proceeds pro-ceeds of which are now represented as and considered to be in the probata court, part of the property of the estate of J. V. SrMiltier, deceased. The jury found a ve dict for th e plaintiff in the case tried yesi;erd4y of James li. FraucU vs. A. Hatch et al, sisseseing damiges at $99.00. Mr. Francis sued for $128 00 worth of pro per.v illegally cou veered under levy and for fldOJ damages. Chas, lieck of Leni who some time ago pleaded guilty of fornication with one L'.zzie Ooiieige appeared for sentence. The judge rememoered the testimony in the Turner divorce case ; wherein Lizzie Colledge cut a very prominent though disgraceful figure and remarked ironically that this was another of those unfortunate cases wherein the woman is to blame. He eaid that if the defendant had ben an old man insiead of a youth he would not have been surprised. Beck waa eentenced to pay a due of $30.03. The ca&e on trial today is one that bids fair to occupy several days in hearing. hear-ing. It is the one wherein W. H, Smith the wholesale lumber man f Salt Lake city is suing the Xationsl Hank of Commerce and Elmer B. Jone f this city for $13,0 W, nots tun ed over for collection aud alleg d oy Smith neer to have been reported m. Jones sets up in his defense that a settlement had been arrived at between him and Smith, Jones turning over $4,000 notes uncollected and half ot the balance, retaining re-taining hall, $4,500 for, fees for collect ing. The motion filed yesterday by the United states National bank of Port-laud Port-laud to li e a complaint in intervention was argued tins morniag by Judge Lool borough of Salt Lafee for plaiutiff Smith, and by Attorney Sinclair for the Portland Bank. After hearing the arguments, Judge Smith held it was not a case in which the complaint In introvention would lie. This complaint com-plaint sets up that the Ainslie Lumoer company is insolvent and that the paper pa-per placed in the hands of the defendants defend-ants for collection by plaintitf VV II fcmith, belongs to the Anislie Lumber company, and also that W. Ii Smith is insolvent and that the uncollected paper now in thi hands of defendant Elmer Ii. Jones and whatever judgment judg-ment plaintiff Smith might obtain ob-tain against him (Jones) should not be turned oyer to Smith, but should be given to the" in-l in-l tervenors, the Bank- oi Portland who-are who-are creditors of the. Ainslie Lumber company. After this point wis settled James McIIenry c f Nebraska was entered as associate counsel for plaintiff, and Wni. II. & S. A. King as additional attorneys for defendant, Elmer B. Jones, and Brown & Hen 'erson as at torneys for the National Bank of Commerce Com-merce of Provo, ' Defendant, Jones next tiled a supplemental answer, and on grounds stated in it asked for a continuance of the case for the term. The mot;on was denied. Defendant Jones by his attorney, V. II. King next moved to feil an amended answer and the court permitted per-mitted it The defendants having exhausted every method to have the case continued con-tinued for the term, the court at last ordered the jury empaneled, which was uone wiin mucn care Dy both sides, and at 10 minui.es past 12 o'clock the jury was sworn. Judge Henderson, attorney for the National 1! ink of Commerce, asked leave to ;feil ior the bank an ami nded answer, stating he had only come into the case this morning, and had not bad time before to examine the pleadingB, The motion A as granted. |