The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-22
PINCUS TOOK THE BUNS
But Mr. BrOphy Is Pressing His Claims
Pretty Hard.
SUITS FOR SOME BIG SUMS
In the Case Involving Lachman g.
Dunstan the Partners Appear to
Have Kept Entirely Differ
ent sets of Cooks.
,UITS FOR SOME BIG SUMS

BUTTE. March 2l.-Thc case of Adolph
Pincus against Sheriff Reynolds for SO, 500
| damages, growing out of an attachment
and sale of the old Metropolitan restau-
rant stock on n claim of =. j. Brophy d
Co., for 81 ,16J, was on trial all day before
jury in Judge McHatton's court and
was not concluded when court adjourned.
The case is in a very tangled up condition
and charges of fraud are freely made. In
the first place, several years ago Lach-
man d Dunstan, proprietors of tho Metro
politan, executed two notes of 500 and
81 600 TO Pincus, and one noe to Sam
Martin for $500. The latter was
assigned to PincUs and he brought suit
against Lachman d Dunstan for tho full
amount. The property was attached and
sold by tho sheriff and purchased by
Pincus for 81 ,O95. lie at once put Lach-
man Dunstan into possession of tho
restaurant again to earn money with
which to pay tho remainder OF the judg-
ment, PIncus claimed.
In the meantime II. j. Brophy had also
secured n judgment against the restaur-
ant men for Sl,SO0, but opened n new ac-
count for them until IT amounted TO 81, l69
when he began attachment proceedings
and attached the property already claimed
TO have been purchased by Pincus, and il
was sold again.
Pncus then sued the sheriff for tho
value of the property. At the trial to-day
it was contended that the first sale had
been fraudulent and with the purpose of
defrauding Lachman d Dunstau's cred
itors, and Brophy x Co., in particular. and
that the notes given 10 Pincus and Mar
tin were without consideration and in
valid.
Dunstan himself testified that the notes
were not vaiId and that the firm had
never owed a dollar on them. Lachmau,
however, claimed that the Pincus notes
were valid and given for n consideration.
He also claimed that he owed Martin
$3.50, although he decided him the Glad
stone lode claim in payment of the Same
indebtedness. Tho testimony was very
conflicting throughout the trial and some
body evidently did some very tall swear
ing.
In Judge Speer's court the trial of the
case of tho silver Bow National bank
against John c. Henderson was concluded
and the court gave judgment for the bank
for 81 $50.
Tho case of J. l.. Neenan, ST Simons,
Fred Mcdonald and William Hawley
against John Sattes and Frank NJ. Leon
ard. contest between the Riley and
South Butte quartz lode claims, located
near the Colorado smelter, was called for
trial before Judge Speer to-day. A jury
was waived and the plaintiffs introduced
testimony TO prove the prior and valid To-
cation of the Riley lode and the defense
offered no proof, whereupon judgment for
possession of the ground without costs.
was awarded the plaintiffs. The ground
is said to be valuable for its quartz and
fire CLAW. l.. j. Hamilton represented the
plaintiffs.
Conley and Dillon we're granted until
tomorrow to- plead to the charge of rob-
berry against them.
The referee i'm the divorce case OF Addie
Smith against John NJ. Smith, filed his
report to-day and was taken under adj
visement by Judge Speer.
The Dillon Implement company to-day
commenced a suit against L. NJ. Adams
for S61l.60. An attachment was issued.