The Helena independent., 1893-12-08
A FRAUD IS CHARGED.
Suits Instituted Against John H.
Vein, Who Made an Assign
msnt Recently.
The Case of Kellogg and the
Medical Board Comes up
Monday.
II win he on Dem murrsr and Settle the
Doctors Right to Practice
Other Court News.

Four suits were filed In the district coust
yssterd by eastern Arms saainst John H.
Vein. loan broker and denlsr in jswsiry.
who recently made an assignment TO Moses
Morris for the benefit OF his creditors. One
Of the suits Is that of Richards Gordoa ct
a. The complaint sets forth shat plaintiff.
on sept. % last. sod TO Vein goods TO the
value Of $l906O. for which Vein promised
10 pay ON Nov. ~; and that mono Of this
money has been paid. Plaintiff alleges
that At the time the goods wefe bought
Vein had no intention Of paying for the
asme. ''but got them with the intent to de-
fraud PLAINTIFF out Of tho goods and
money; and that he has disposed OF. ana 10
disposinR Of. his property subject to exc
cution with intent to dsfrRud his creditors;
that he has sold some OF the goods and
seorsted ths proceeds and tho other Roods;
that ON Nov. Is defendant executed pre-
tended assignment to Moses Mo rio for the
benefit OF his creditors. in which the fol-
loving preferences were made: Mrs. Fisch-
man $500. Samuel y. Singer $3.50. H.
FIigelnan $4OO; shat Wsin did
not, deliver all bis properly 10
Moses Morris. but has large
amount Of credits. money and other prop
srty fraudulsntly concealed; and that hs
il not indebted to the parties mentioned IN
tho pretended Assignment. but that the
names were inserted for the purpose of OBJ
tanning tho money for his own USE" The
other suits and the amounts sought to be
obtained a,s: Charles Kaufman $6A9. loss
$3.50 pnid on account; d. H. PeEcival $3.50.
and M. II, Smith ct al 5000.
The matter at issue between DR.. E. L..
kellogg and the state board Of medical
examiners comes up in the district court on
Monday. Judges Hunt and Buck will both
sit in the case, which comes mp on de-
murrsr Of DR.. Kellogg to the complaint of
the medical board. alleging that sutncisne
10 not shown to constitute cause OF
action. II the court sustains this position
tho case of the board against Dr.. KelioeR
falls to tho ground. If 1t il held that the, Q
10 sufficient cause for the action, tho dis
trict court, under the decision OF the So
preme court. must trv tho appeAl Of Dr.
Kellogg ON the action of the board re-
voking his license.
for the recovery OF farm implements and
hav. was trisd in Judge Hunts depa' tment
of the district court yesterday. and the jury
found for plaintiff. Another jury was em-
panneled to try tho suit Of Darby against
Wells for damages for tho actusl seizure OF
property which was already constructtvsly
in custody. The case was tried once and
Darby GOT Judgment, which was set aside.
The matter had not eone to the jury whom
the court adjourned yesterday.
Ajudgmsnt for II 1.O92. 76 by default was
entered in Judge Bucks department. Of the
district court In favor Of plaintiff In ths
case Of A. b. Clements Va. tho American
Eagle Mining company.
Judge Buck dismissed as settled the case
Of q. d. Nolan Vs. Thomas Kent.
Keith Bros. & Co.. OF Chicago, are suing
Grsenhood. Bohm d Co. for ST. ,O8287 In the
district court. @ss" '~