The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-07-30
! IS DECLARED VALID.
Supreme Court Says the Boes-
man Assignment to Klein
schmidt Is Legal.
This Reverses Judges Hunt and
Buck, Who Found Against
the Assignee.
E0ung Harry Duval Acquitted OF Horse
Stealing and Given some Good
Advice.

The supreme court reversed Judges Hunt
Ind Buck yesterday in tbs suit OF Henry
Cietig ct al. against Bosnian Broihors d
10. and Iseinhold "A. Kleinschmidt. The
bAse will be remembered a. ono where
EASTERN creditors assailed the assignment Of
Bosnian Bros. q Co., liquor dealers Of
Helena, TO r. H. Kisinachmidt. upol the
kround Of fraud and completely BY Boes-
nan with II. II. Kleinsohmidt, OF Helena.
\ Jury was waived, and Judges Hunt and
Buck sat together to try the issues. Msssrs.
Walsh d Newman. Davies, McConnsll,
Clayberg 4 Gum. and DnBose d Penny,
represented the eastern creditors, and Gull
lon, Sanders h Shelton represented Mr..
klsinschmidt. A long trial was had and 4
treat amount of evidence heard. The dis
riot court found raud ~ against eastern
creditors, and made elaborate findings Of
fact. declaring tho corporation to have
been created by Kleinschmidts control and
dictation to enable a credit to be built mp.
and when the assignment was made, rre-
ksrring Mr.. k~leinschmidt. and leaving little
or nothing for other creditors, it was made
With fraudulent intent. and by the ~instiea-
Ftion OF Kleinsohmldt, who was practically
The corporation itself. Other issues we're
powered, and the district judges CONQUERED
In the opinion that the assignment was
Finvalid and of no effect. and ordered the
proceeds of the property to be held for the
payment of all creditors alike.
The supreme court by = majority opinion,
concurred in by Justices Blake and Har-
wood, reverse the findings of fact and order
that Judgment be entered in favor of the
validity Of the assignment. The opinion OF
Justice Harwood il quite lengthy. Justice
d. Witt does not concur and will die a dis
eenting opinion. In the opinion Justice
Harwood says: 1T appears that in October,
1883, a corporation was organized under the
laws of Montana in the name of Bosnian
and carving on a general liquor business,
such as dealing at Wholesale or retail in
\ liquors and tobacco. Three brothers,
| Charles, Henry and Richard Bosnian. were
the incorporation, and we're the trustees Ia
manage the concerns OF the company iol
the first three months of its existence. The
capital stock was $4,000. On June IL. 1890,
/ the company made an alleged assignment
i Of all its property and delivered possession
to Reinhold Fl. Kleinschmidt in trust fol
the purpose of converting the same into
money and to paw it's debts ~ directed in
the assignment. hIe1ubCu"Aus "es 0uOnh
the creditors preferred to the amount o.
about S1O.9O7, and the Union Warehouse
| company, Of which Kleinschmidt was prssi.
dent, appears as creditor of said company u
the second class to the amount of $13.7bO
that at the time of the assignment and deliv'
! ery of the property to K~leinschmidt thu
| plaintiffs were severally creditors of the sale
| company in various sums ranging from lest
than 800 to more than $1,5O0 respectively
The supreme court says tho j1dQnnen.
against Kleinschmidt should be reversed
because there 10 not sufficient ground K
sustain IL.
Judgment WAS affirmed in the case o
John W.. Salazar, respondent, Va. Oscar g
smart ct al. This was an appeal from thu
district court in MeaRher county from ~
order refusing to dissolve an injunction
Salazar obtained a. decree confirming thu
prior right and title In him to the use ant
benefit OF 200 inches OF the waters OF Ban
mack springs creek for irrigation and TO
a hnn IAr-.-