xt70zp3vt865_331 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Yellow Poplar Lumber Company v. Ward, Paris and Ray, James text Yellow Poplar Lumber Company v. Ward, Paris and Ray, James 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_29/Folder_9/11170.pdf 1894 1894 1894 section false xt70zp3vt865_331 xt70zp3vt865 w. 4:7. ~; _
Martin Circuit Court.
Yelow Poplar Lumber Co. Plff ‘
Against (Petitiou in Equity I
T’aris Ward 1 James Ray Dets
- The plff states that the yellow Poplar Lumber Co.
is a corporation created and formed by the laws ofthe State of
Illinois with its principal place of busines at Cole Grove Ohio .
\ Its business is to buy saw manufacture and sell lumber '
That the defts during the years or a portin of the years
I892 &&1893 were partners forrpiffiaeen hauling timber for plffs
on Johns Creek in Pike County Kentucky by contract that the plffs
V furnished said defts about $1500.00 in cash and goods wears and
merchandise in said years of 1892 &I895,to buy cattle and pay off
1 hands&c The defts are entitled tto credits on said amount for {m-
‘ ber delivered at an agreed price&a1abor performed for the plffv
to.un amount sufficient to reduce defts indebtedness to the plff
down to $275 .00 i ‘
~ The plaintiff states that said Defendants are indebted to the
plaintiff thesunm of two hundred and seventy five dollars on said
goods money&c furnished as aforesaid which summ/the said defendant
/ ’ fihomised and agreed to pay plfiiwhichis just due and wholly unpaid.
The plffs dealings with defts consistséaf in various items and
charges & defts credit consists in various items all of which
_ will be itemized & filed herewith in due time . ‘
The plff further states ,that the defendants haveno prperty—»

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i_",
in this state or not enough thereof to satisfy plffs demand and V
the collection of the demand will be endangered by delay in obtai-V
ning judgment for a return of no prOperty found .

That the plaintiffs claimm is just and the plff believes
fihebaghtetplaénbiéfiMpaa§s$§aagfl6nWitfioal$266s®§ with a11“costs
and~all it ought to recover §?d $275.00 with all costs. »
, Wherefore the plaintiff prays judgment for $275.00 with

_ allcosts and all proper relief both general and special and all
relief which the plff may be entitled to both in equity or in law

,Yellow Peplar Lumber Co. byxnxCopley atty.

State of Kentucky
County of Martin
Leon Isaacson states that he is agent for the Yellow POp-
lar Lumber Company that its officers are all absent from Martin
County and said Co. is a nonresident of this state that the state-
ment set forth in the foregoing petition are true as he believs.
Leon Isaacson.
Sworn to before me by Leon Isaacson this the 11th day of May 1895.
J.S. Cassady clerk.
~ Commonwealth of Kentucky
' Martin Circuit Court
Yellow Poplar Lumber Co. Plff ' _

against( order of general attachment

James Ray & Paris Ward defts
The Commonwealth of Kentucky to the sheriff of Martin county
you are commanded to attach and sfely keep the property of the

 , 99)!
Defendants James Bay and Paris Ward in your county not exemt from
execution or so much thereof as will be sufficient to stisfy the
claim of the plaintiff in this action for thesum of $275.00 with
interest thereon at the rate of six percent per annumm frOm the
11th day of May 1895 untill paid & the further sum of thirty dol-
lars for theprobable costs thereof to answer herein on the first
day of the nex;_August term of the Martin Circuit Court and ma ke
due return of this order on that
Witness my hand as clerk of said court this the 11th day May 1
1893. J. S. Cassady clerk
Here follows COpy of ans. to the petition in words and fig ures
as follows tflwit:
: Martin Circuit Court
The Yellow Poplar Lumber Company pltff
against (Answer of Defts Counter claim offset & K *et
James Ray & Paris Ward ' Defts
The Defts James Ray $ Paris Ward comes and answers join:
Ly herein and for answer says.
Ist that, it is not true that the plff paid and furnished them
goods money an &c to the amount of I500.00 infihe the year of1892
& I895. It is not true that they are only entitled to a creid Oi
a sum sufficientiy to reduce said amount down to $275.00
It is not true that they are indebted to said pltff the sum of *4
$275.00 for goods, money,&c furnished or any other amount,
It is not true that they promised and agreed to pay said summ
to plffs or that it is just or due& unpaid.
V Defts says that it is true that they had a contract with Plffs to

 I
V..
haul timber on Johns creek in ?ike county Kentucky tha t the y
run an account with plffs that their accounts are unsettled ,
that they believe on a fair & just settlement ptII will beindebted
to them That by a written contract dated June the 17th I893
Riffs bound themselves to furnish corn to defts while they were ,
{ engaged in said job. in order to feed Defts teams at the agreedggr—
; price of 750ts per bushel untill new corn came in and then to fur—
; nish said corn at the rate of 500ts per bushel.
i The Deft now say and adledg as further answeriflg counter claim
: & off set that theégégéé”failed to comply with their contract
i that they refused to furnish corn to Defts as agreed,for the term
i of IO days and thereby their teami stood idle and that deft was
{ damage thereby the sum of $10. Dollars per day for IO days which
equals $100. which is a reasoable price per day for one team of
cattle He further says that plffs faile- to furnish corn as
L agreed for It days and thereby caused defts two teams of cattle
i to stand idle the 14 days which was reasoable worth $18.Dpéiars
' ‘ per day which equals the sum of $252.00 and that they were thereb3
1 damaged said sum by plffs failure to comply with their contract
t They say that they were fiurther damaged by reason of ptffs
' failure to furnish corn the sum of 80 dollars by reason of the
loss of time for two hand one month each which was reasonable wort
$40.00each per month.
‘ They further say that by reason of pltffs failure to furnis
corn as agred; two teams bfiéir of cattle starved became poorand
Wwfi~wasmunfiitmwmfimnamkt; Y

 . ‘ I . ‘
,_,
weak and was unfit to haul with and therefore impeded their work
SOme of the cattle died, and that their teams cattlewas so weak—
ened & slugish they could not successfully haul with them and they
were thereby damaged the sum of $150.00
Said written contract or a copy thereof and anaéaan itemized stat—
ment will he filed as part hereof narkedflA" & “B H and made part
hereof.
They further say that they had to quit said job of hauling
on account of the ill condition of their teams and intended to
finish said job as soon as their cattle got in condition to work
and that when this action was brought they had cut, pealed, and
sawed timber mademade roads to same, & that said timber is un-
hauled and left in the woods and that they cut , sawed, pealed and
made roads to said timber at an expese of about $l00.00dollars,
that plffs aredue them that sum, that it is just and unpaid & same
- pleaded as an offset & counter claim, together with damages as
afoEsaid ‘
Wherefore Defts prays for plffs petition to he dismissed and for
. Judgment for $682.00 damages &c, and that if any part of plffs
claim he allowed for said sumto be offset, and Judgment for re-
mainder $82.00 and for his costs expended and all pr0per relief
James Ray says he is one of the defts in this case that the
statments of the foregoing answer are trueas he believs
James Ray.
Sworn to before me the undersigned this the 26th day of JuneI893
J.B. Williams N. P. m, C.

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E '”
Here follow copy the reply of the plff to the ans. of the defts
in words and figures as follows towit:
Martin Circuit Court.
Yellow Poplar Lumber Co. plaintiff
against(Reply
Paris Ward &0 Defendants ‘
The plaintiff for Reply to defendants answer herein an
says;
that it is untrue and denied that on either sfair or aiust
settlement plf will be indebted to defendants or either of them
Where fins fore having fully replyed deft prays as i orig-
inal petition and for all proper relief
COpley and Harkins attys for defts
State of Kentucky; _ F
Martin county 7 ‘¥ V
The affiants Leon Isaacson says that he is the a gent
for the plaintiff and that the statments of the foregoing reply
are true as he believs
Leon Issdcson
Sworn to by Leon Isaacson beforezihel2th day of January 1894.
\ J.S. Cassady clerk.

 7*

Here iollows the copy of the amended ans. of thedeft. in

words and figures as followstowit;
I martin Circuit Court.

Yellow Poplar Lumber Co. plff

against (amended answer
James Ray and Paris Ward Defts
The defendants amend their answer herin and states that since
the filing of their original answer herein ;the plaintiffs have
filed an itemized account that makes it necessary to file an;a men.
ed answer ; as awreat many of the items in said account are in-
correct and unjust . The eroneous itemsamount to over Four hun-
dred dollars :

They say it_is not true that they are indebted to plff $3.55
June Ist I892__75¢ of these items are correct & no more. It is
not true they are indebtged toplff $15.00 July 50th, 1892 order
toJchn B. Justice,_. It is not true they are indebted to plff
August 8/92 cash $40.00, or any part thereof. ,

It is not true they are indebted to plff Aug. 16, merchandise
$26.80 or any part thereo£_ It is not true they are indebted to
plff September 10th I892 $6.00 or any part thereof . It is not
true they are indebted to plff Sept. I7th I893merchandise er
$5.00 or Sept ISthmerchandise $5.00 ot Sept. 25rd merchandise$4.00
or Sept. 24th merchandise $1.00 or Sept 29th merchandise $10.00
or any pa rt of either of said items__ V
Itis not true taas they are indebted to plff Sept. 29th for corn

 ti:
t

$ 2»6. $26.40. Ten dollars of this item is correct and no mor:
It is not true they are indebted to plff October 4th cash $40.00
or any part thereof __It is not true they are indebted to plffs
Oct. 5rd cash $20.00 or any part there of __

It is not tru they sre indebted to plff November 1st for corn

$70.00 Fifty dollars of this item is correct & no more.
It is not tru they are indebted to plff Oct. 11th for cash $151.0
Forty dclla rs of this item is correct & :0 more
It is not tru they are indebted to plff NOV. 14th for script $58.‘
dollars or any part thereof __It is not tru they a reindebted E
to plffOct. 20th for corn $129.00 or any part thereof __
It is not true they are indebted to the plff Decr. 5rd for scrip;
$87.50 or any part thereof __It is not tru they are indebted t0'
plff December 17th1892 for scrip $47.00 or any part thereof __ I
It is not tru they are indebted to plff Jany. 50th 1895 for scrip
$20.00 or any pa rt thereof It is not true they are indebted ‘
toolff February 5rd 1895, for scrip $51.00 or any part thereof. ,
It is not tru they are indebted to plff Feb 14/95 for corn $16.0
or any part thereof __It is not true they are indebted to tie
plff March 1551/95 for scrip $51.75 or any part thereof__

It is not tru they are indebted to plffs mach 5$85 for scrip
$59150ts or any part thereof ___Jt is not true plff sold or
delivered said articles toplff or a nypart thereof except as
explained at each article

They say that deducting the eronious items frOm the account .
. of plffs and their acounts will stand as follows: piff plain _

 .,,
'7,
tiffsxxnnnxxkfipgzxinxtxxxxxaccounts against Defts $1525.480Ls
Defts Cr .$I792.él ots deducting plaintiff account that is cor-
rect from this leavs the Deft. $467.15,which amouLt they make a
couhter claim against plff and state that the sump is inst past
due and that the plffs Promised and agreed to pay the same but
have not done so and the whole of said amount is just due mi and
wholly unpaid. \
Wherefore they prey that plffs petition be disnissed
a; that they recover .iudmnent against plff for $467.15 with 6 per V
cent interest from this date & for costs and for all appropria te
relief.
Ray &Werd
by council
State Of Ky Marti}: C0
James Ray & Paris Ward states that they believe the
statments of this mnended answer are true .
James Bay
Sworn to before me by James Ray this Jany. 19th I894.
A.J. Kirk Ex. for Martin Co. .

 «“1
"_
Here follows copy of the Reply of the plff to the amended ans.
the Deft. in words and figures as follows towit;
Martin Circuit Court
Yellow Poplar Lumber Co. plaintiff
againt (Reply to amend answer
Ray and Ward I defendants
The plaintiff for reply to amended answer filed herein é?
January 19#1894 says thst it is untrue and denies that a great
many or any of the itenm named in the account filed as a-nex—
' hibit with plaintiffs petition are incorrect and denies that said-
alledged eronious items amount over Four hundred dollars or oth-
4 er sum or amount. Plaintiff denies that the item of June Ist 1892
is incorrect except 75cts of the same. De;ies that nly ten dol—
lars of the item $26.40 Sept. 29# is correct .
Denies that only $50.00 of the $70.00 Nov.Ist is correct .
Denies that $40.00 onlyof the item $I5I.00 cash 0ct II# is correct
and n0more Tlaintiff denies that deducting the alledged ero-
nious items from theaccount of plaintiff that the account will
stand plaintiffs account $1525.48 Defendants credits $1792.61
. Denies that there is due the defendants $467.15 or any part theree
1 of and denies that they promised or agreed to pay the same or
any part thereof or that the same is either just due or unpaid
Wherefore theplaintiff prays as in their original petition
A. Copley and Walter S. Harkins attys.
State of Kentucky 2 :;;§
1 Martin County/

 I .
1,
.K r
I an agent for thx plaintiff and the statments of the foregoing
Reply to a amended answer are true .
Leon Isaacson
Sworn to by Leo; Isaacson before me January 19# I894.
J.D. Kirk C. m.c.c I
I State of Kentucky
County of Martin . I
I, J.S. Cassady Clerk of the Martin Circuit court do
hereby certify that the above and the foregoing is a true and '
perfect copy of the petitiOn, answer, Reply to the answer also ‘
amended answer and reply to the same i“ the case therein mentioned
as takeh from the record in LU said 0” ice
'Witress my hand this the day of 189
: . . 1%: . h

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