In the District Court of the 17th Judicial District of the State of California in and for the County of Los Angeles

Nathaniel J. Clark
Plaintiff

Vs.

Ruben Denton
Defendant

AMENDED COMPLAINT

The plaintiff files this his amended complaint and for cause of action against said defendant alleges:

I That from the first day of August 1875 to and until the 22d day of March 1876, one DC Scott and one JG Baker were the owner and proprietor of the Star Oil Works situated in the County of Los Angeles, State of California and were engaged in the conducting and carrying on at said oil works the business of refining crude petroleum and producing and manufacturing illuminating, lubricating and other oils.

II That between the first day of August and the first day of December 1875, the plaintiff loaned and advanced to the said Scott and Baker at their special instance and request at said County of Los Angeles, the sum of $1505 in gold coin of the United States to be used and which was actually used by said Scott and Baker in purchasing fixtures and supplies for and in conducting and carrying on the business of said oil works.

III That the first of said moneys to wit the sum of $250 was so loaned and advanced by plaintiff to said Scott and Baker on the 18th day of August 1875, and thereupon and therefore the said Scott acting for and on behalf of the said Scott and Baker made to the plaintiff his promissory note in the words and figures following to wit:

“$250. Los Angeles, California, August 18, 1875. Fifteen days after date I promise to pay N.G. Clarke on order the sum of two hundred and fifty dollars gold coin from the mint of the Government of the United States of America value received with interest thereon at the rate of two per cent per month payable in like gold coin until paid. D.C. Scott”

IV That the balance of said sum of $1505 to wit, the sum of $1255, was so loaned and advanced by plaintiff to said Scott and Baker on account at the time and in the amounts hereinafter mentioned to wit on the 11th day of October 1875, the sum of $425; on the 18th day of October 1875, the further sum of $130; on the 20th day of October, 1875 the further sum of $150; on the 25th day of October 1875, the further sum of $150; on the 25th day of October 1875, the further sum of $350; and on or about the 10th day of September 1875, the further sum of $200.

V That subsequent to said advances and while the same remained wholly unpaid to plaintiff from said Scott and Baker to wit on or about the 22nd day of March 1876, the said Scott and Baker sold and conveyed their said Star Oil Works and their said business of refining petroleum and producing and manufacturing oils and all their fixtures, appurtenances, and property therewith connected to the defendant, and as a part of the consideration and purchase price to be paid by defendant for said property defendant there and then contracted and agreed in writing to, and with, the said Scott and Baker, and the plaintiff, that the defendant would assume the payment of and, upon demand, would fully pay to the plaintiff, the said Scott and Baker, said indebtedness to him.

VI That thereafter to wit on the 29th day of April 1876, the defendant in pursuance of said purchase and of his said agreement in writing, paid to plaintiff the sum of $200, the same being the sum of money by plaintiff loaned and advanced to said Scott and Baker on said 10th day of September 1875 as aforesaid, and part and parcel of said Scott and Baker said indebtedness to him.

VII That defendant although requested has not paid the balance of said indebtedness but that then now remains due, owing and unpaid therein to plaintiff from defendant the said promissory not and interest thereon from the said 18th day of August 1875, at the rate of two percent per month, and the further sum of $1055 on said account together with interest thereon at the rate of two percent per annum, all in gold coin of the United States.


Wherefore plaintiff demands judgment against defendant for the sum of $1305 in gold coin of the United States together with interest on $250 from August 18, 1876, at two percent per month and on $425 from October 11, $130 from October 18, $150 from October 20, and $350 from October 25, 1875, at the rate of two per cent per annum in like gold coin and for costs of suit.

Ganahl & McDaniel and Smith & Stephens
Attorneys for Plaintiff

Filed September 23, 1876

Original complaint filed July 15, 1876