The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-06-06
DEBTOR and CREDITORS.
Law Suit Growing Out Of the North
western Clothing House
Failure.
Suing the Sheriff Who Attached
the Property OF the
Firm.
Motion Made for q NOn-Suit-proceedings
in the supreme and District
Courts.

In the United States court Yesterdays jury
heard testimony in a case growing out Of the
failure of j. Il. Landsmann q Co., who run
the Northwestern clothing house in the
Thompson block on Main street in 1889.
The firm were attached by the First Ma
tional bank for &c., 1888. Other attachments
were also made by outside firms aRgregat-
ing nearly $4,000. 1t Is claimed That
Landsmnnn u Co., turned over all their
goods to William Oliver as the agent Of
other creditors who are now plaintiffs in n
suit against the sheriff of Lewis and Clarke
county to recover the possession of the
goods which he attached in March, 1889, or
their value, $4,000, and $1,000 damages.
The plaintiffs in the case now on trial who
are Soloman Austrian, Maurice Wise and
Jacob II. Bauland were partners as Aus
trian. Wise Il Co., Of Chicago. After
wards and before this suit Soloman
Austrian died and Maurice Wise and
Jacob H. Bauland as the surviving
partners have been engaged in winding up
the business which is now in process OF IL
quotation. Henry g. Foreman il the trus-
tee for the benefit of the creditors of Lin
dauer Brothers q Co.. composed of Meyer
Il. L%indauer, Benjamin Lindauer, Selig-
man Lindauer and Aaron Rosenblatt.
which became financially involved and
transferred all it's business to Foreman, aa
trustee, who is now the successor in inter-
est of Lindauer Brothers d Co.
1t ia claimed by the plaintiffs that about
March 18, 1889, the firm of j. b. Landsman
q Co., of this city dissolved and julius
Cohen withdrew from it transferring to
LandsmRn all his interest, and that on the
same date Landsman, as the successor OF ).
L. Landsman d Co., as well as In his ind1-
| vidual capacity, was indebted to Austrian,
| Wise g. Co., Calm, Wampald d Co., Henry
G. Foreman, trustee of Lindauer BROS. q
Co., and to Turner & Burleigh, for $l2,5W.
In his defense the sheriff says he held the
attached property until April 20, 1889. when
it was turned over to Marcus Lissner, who
had been appointed as receiver. The action
of the sheriff in and about the attachment
proceedings, it is said, was IN his oiflclal
| capacity and in performance OF the duties
enioined upon him by law. Further de-
| Tense is that at the time of the execution OF
the alleged bill of sale, March Ii. Lands
mann was not indebted to Oliver for more
than 81, 41.87, and that Immediately after
the execution of the bill of sale Oliver used
it f%raudule4tly and falsely to gain q secret
advantage against other creditors of Lands
mann, to procure and insist upon the pay
n,ent, and coerce the payment OF fraudu-
lent claims without actual existence. and
with the design of falsely and fraudulently
making a large sum OF money out OF the
bill of sale.
At the conclusion of the testimony fol
the plaintiffs, William Wallace, Jr., who
represents the sheriff, made q motion for {
non-suit, and made a lengthy argument
The court will probably decide the motor
this morning.