xt73bk16mf8w_429 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/mets.xml https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14.dao.xml unknown 35 Cubic Feet 77 boxes archival material 51w14 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. Louisville and Nashville Railroad Company and Lexington and Eastern Railway Company records Railroads -- Appalachian Region -- History. Railroads -- Kentucky -- History. [298] Bentley and Fitzpatrick v. Mason and Hurst, Perry Court text [298] Bentley and Fitzpatrick v. Mason and Hurst, Perry Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_43/Folder_9/4680.pdf section false xt73bk16mf8w_429 xt73bk16mf8w PERRY COURT.
BENTLEY & FITZPATRICK, PLAIETIFFS.
VS. ANSWER OF LEXINGTON & EASTERN RAILWAY 00., AS GARHISHEE.

MASON & HURST CO.. 390., DEFENDAHTS.

Comes the Lexington e Eastern Railway Company, summoned
herein vs 3 rnishce, by U. A. McDowell as General Manager, and, for
answer a: such g rnishco, says th:t at the date of the service upon it
of the order of attachment herein, to—wit: on the day of
1912, it was indebted for balance on contract to the defendant, usson
& Hurst Co., in the sum of about forty—nine hundred dollars {$4900.00},
subject, however, to correction for errors or omissions in the esti-
m tee and accounts, and that said gurnishee is not indebted in any
other sum whatsoever, and has in its possession no other money, prop— .
erty, choses in action or evidences of debt of any kind in which the
said defendant had on said date any interest whatsoever.

The defendant further says, by way of answer as gsrnishee,

i that at the date of the service upon it of the aforesaid order of st-
tsehment, and long prior thereto, thirtyhnine hundred dollars
($3900.00) or the aforesaid balance had been duly assigned and trans—
ferred by the Mason & Hurst Company to the First National Bank of
hazard, fly., and this defendant had been notified of such assignment,
and had accepted some so far as it legally had the power to So, and
that the entire balance of the aforesaid amount of about forty-nine
hundred dollars ($4,900.00) due the mason & hnrst Company had like-
wise on said date, and long prior thereto, been assigned and trans-
ferred by the Mason s hurst Company to Dr. Taylor Hurst. of Hazard, Ky.,

‘ and this defendant had been notified of such assignment and transfer
and had accepted the same so far as it legally had the power to do.

 For further answer the defendant. as garnishee, states that
in addition to the attachment served upon it in the present case similar
attachments and gurnishments have been served upon it as the debtor of
the Mason & Hurst Company in the following suits, to-wit: Lee tebb,
Plaintiff, vs. Mason & Hurst Company, etc., Defendants, pending in
the Perry Quarterly Court; Merchant Supply Company, Plaintiff, vs.

Mason & Burst Company, Defendant, pending in the Perry ”usrterly Court;
and fienry Potter, Flaintiff, vs. Jason e Hurst Co., etc., Defendants,
pending in the Perry' Court.

The defendant submits to the court whether under the cir-
cumstances heroin recited it »ught to be required to mwke reyment of
any of the funds owed by it to the Mason & hurst Company as aforesaid
to the plaintiff in this action, and it asks the court in 3 determina-
tion of this matter to ascertain and determine the respective rriorities
of the several assirnmonts and :ttachments horoinbeforo mentioned, and
if necessary to that end that rech and s11 of said assirnoes and garni-
shees be summoned and required to spyeor in this suit and litigate their
respective cl:ims.

WHEREFORR said gsrnishee, Lexington & Eastern Railway Co.,
having fully answered prays to he hence dismissed with its costs and
for all preper relief.

Railway Co., Cornishco.

U. A. McDowell states that he is the General manager of the
Lexington & Eastern Railway Co.. and one of the executive officers of
the said Lexington & Eastern Railway Co., now in the state and that the
statements contained in the foregoing answer are true as he verily be—
lieves.

Subscribed and sworn to before me by said effient. W. A. He-
Dowell, this October 1912.