The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-07

that the amount due to Retail was not the
correct sum due ON Feb. IL, 1892, but that
it was done In good faith; b the assiRnors
did mot fraudulsntly conceal from assignee
some of the property with intent to defraud
their creditors: that the execution Of the
mortgage of his homestead by Isaac Green
hood to Ignatz We'll was made to fraudu-
lently cover up some of his assets; that the
deed made by Isaac Gresnhood Of the prop
erty in Richmond Hill addition to II. Bar
nett was made to hinder, delay and dsfraud
the creditors of Greenwood. Bohm Il Co..;
that the defendant, Max Kahn. a. assignee,
did not take charge of the New York prop
srty until after the assignment. but that he
conld have done so reasonably before she
attachment; that the alleged indebtedness
Of Col. Morse of 50. 500. as set out In tho
assignment. was q firm indebtedness; that
the stock OF goods in Helena. with the book
accounts and bills receivable. on The day of
assignment was about SIS. 600; that the total
indebtedness Of the inn in Helena and New
70 X on the 1st of February. 1890, was about
$21O. 600; that their total Indebtedness on
Feb. l., 1891. was $24O. 600; that their
total Indebtedness on Feb. !. 1892. was
about $3.50. 900; that tho defendant owed
Ca oline Westheimer on the day of assiRn-
msnt g, 4s6. 90; that GREENWOOD was not
indebted to said I. Woil on the day OF exc.
did not know of the execution Of said
mortgage before the assignment; that l.
Veil did not have anything to do there
with until after tho delivery OF the assign
ment; that the real estate on the date OF the
assignment WAS valued at $4,000; that the
about $4,000; that II. Barnett did not
know anything of the execution of the
deed to him until after the assignment and
that said deed was never delivered TO him,
but that the firm WAS indebted 20 MIN on
the day of the execution. and that the said
indebtedness amounted to 1885; that the
actual indebtedness of tho firm to q. He
jail, was In the sun of $42.03b.8 49,. that !.
We'll was a co-psttner OF tls hsm
II, in. 1850 S;s.o,1 nu' said ,S., '0-P T. Wsil
conducted = mercantile business at Sand
Point. Idaho, on Aug. l, 1891; that he
bought ont the firm OF e. L. Weoks d Co.
for SO 7bO obtained on the credit OF Green
hood, BONN d Co.; that the volume OF busl-
ness done at Sand Point amounted to $780,
300 from Aug. /. 1881, to Feb. IL. 1892; that
Isaac GREENWOOD raised the inventory 20
per cent. above the original cost to cover
the cost of freight and expenses; that BONN
knew this to have been done; that credit
was given each Of the defendants in the
sum of St, 600 on June !, 1891. to make y
better showing in the capital stock of the
pa tners; that the amount of inventory on
Feb. l, 1892. was S57, 5G4. 80; that the aver
nge gross profits on the sales Of merohan-
disc was about 25 per cent; that the
|, 1891. at Helena, was $139, 929. Sc; that
purchases on that date to Feb. !, 1892.
amounted to 1851. 204. go, including $15,-
DAB freight; that the amount OF sales for
the same period amounted to $342.-
1882; that the amount Of msr-
hand Feb. l, 1892, was about $l2O. 600; that
the defendants bo rowed 1894 400 ftom E..
Rejall; that the Helena and Now York
Arms increased their indebtedness in 1890-91
about $4O.O 600; that the deed of assignment
was made with intent to hinder and de-
'raud the creditors; that Max Kahn par
iicipated IN the fraud; that the firm owned
'orty shares of stock in the Consolidated
Milwaukee Beer company. va.ue at ) 1850.
which was transferred to said Kahn for in
lebtedness owed by the firm to tho beer
company; that the said stock has been sold
Iince the assignment. n the debt of the
Beer company paid out of the proceeds
hereof; that both Greenwood and Bohm
appropriated portions Of the assets Of tbs
irm in money and goods. wares and mer-
'ignment. which they refused to turn over
o the assignee; that this was done with
fraudulent intent.
The case IL considered to be ono Of the
most important ever tried in Lewis and
Clarke county. II lasted three weeks.
II the original twelve jurors died in the
curt room, and Henry Sieben. another
JUROR, wal excused on account of serious
illness. In the jury loom on saturday an
Informal ballot was taken on the question,
fraud" two mo fraud" Informal bal
OTIS were then taken separately on each of
he sixty-two questions or findings, after
'hich formal ballots were taken. the result
'einR practically unchanged. 1t after
Yards developed that forty-thrse questions
" finding, received ten votes. fifteen re-
eived nine votes. one received eight votes,
nd three received seven votes. The bal
OTIS indicate tho fact that q Jury of only
On determined the final verdict.
In brief the history of the case is as fol-
Go. assigned all their property. real, per
onal and mixed, In Helena and New York
ity, including some real estate in Seattle.
Vssh., to Max Kahn. who was then acting
8 their bookkesper. Kahn took possession
oil the goods In the store. aud tcls-
ad been made Of all the property and d.
eoted q party there TO take possession OF
he prorerty In his name as assignee.
rmonR the preferred creditors under the
ssiRnmsns were Mrs. Caroline West
90; Merchants National bank, $ss. 600;
'irst National bank, $4,000; Thos. Cruise
.svlngs bank, 1880; American National
snk. $4,000; Mrs. J. M. Ryan. 81. 600; W.
/. Hickey. $1,000; II. Barnett. 81. 9s7; Bach.
'ory Il Co.. 81 900; Col. Mo 10. New Chi
ago, 3 1880, and Cullen. Sanders Il Shell
On, $1,000. Tho assignment further pro-
ided that II any assets renamed after
aging the prefer cd creditors in full the
npt sferred 0 editors should Teosivs their
70 rata share OF Tho balance remaining In
10 hands of the assignee. On Feb. 13, the
ay following Abe assignment. tho Mer-
hants National bank. through its attorneys,
,mmsnosd suit in tho district court, issued
rt OF attachments and directed tho sheriff
/, lew the writ on the property in the
ands Of the assignee. and take and hold
osssssion. The sheriff went to the store
nd demanded OF Kahn. tho assignee. pos
'ssion Of the store n goods. and ordered
i'm to deliver over the keys 70 him. This
. refused 10 do, claiming that bs held pos
,guiOp A. assipneo of Greenkoou Holm AZ