The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-24
SUIT ON A JUDGMENT
Against the Davis Estate and ]. R.
.fJt Boyce, Jr., & Co. ct al.
1T IS FOR MORE THAN $4,000
The Habeas Corpus Proceedings
In the Case of Jones and Peters
Ended-Mrs. Curtis Examined
as to Her Sanity.

of Minnesota, Carson, Scott & Co NJ.
Beeber & Co., Finch, Van Slyck, Young
a. Co., the Miner Publishing CONT. any
and f. S. Jaffrey & Co. filed a SUIT yes
terday against j. III. Leyson as admin
istrator of the Davis estate, James A..
Talbot as special administrators, J. r..
Boyce, jr., and James II. Boyce, jr., g.
Co. and the First National bank To re-
cover various amounts on judgments
against the firm of !. T.. Boyce, r.,
& Co., obtained in the district court Of
Silver Bow county last year. The CON-
plant in the case is voluminous and
sets forth that the plalntiTs at Overs
times and dates prior u the failure CT
j. X. Boyce, jr., & co. sold the firm
merchandise and goo Is of total value
of s61,134.47; that at the time of the
commencement of the action james II.
Boyce was the sole surviving partner
of the firm of j. r. Royce, pr, AZ Co;
that on or about July 20, 1851. The de-
PENDANT, j. r. Boyce, ir.. AMI Andrew
J. Davis. now deceased, entered into
copartnership for the purpose of carry
ing on and conducting the business Of
dealing In general merchandise IN this
city; that IL was agreed upon by them
that each should contribute $4,000 to
the business and the lrm name should
be James II. Boyce, Jr., 4 Co.; that
up TO the time of his deaih Andrew j.
laws owned ali OF the klDck cI the
First National bank, also a defendant;
that Davis contributed the 100000 from
the funds of the bank and the money
was to show on the books of said rart-
nership as an Indebtedness Of the firm
of ]. r. Boyce. jr, & Co., but was in
fact the personal Indebtedness of Da-
vis TO the First National bank and
was not to be an obligation Of the
partnership; that from then until May
1SSS Davis held himself a tho f1lh-
lie and to the wholesale houses from
whom the firm purchased goods as a
partner in said firm: that on May l.
1883, Il was agreed upon between Da-
Wis and Boyce that the former should
withdraw from active membership in
the firm, but the $50. 900 should remain
and form a part of the capital of the
firm, and Davis should be wholly re-
sponsible therefor to the bank and be
n silent partner in the firm.
The complaint further alleges that
the $780, 900 contributed by Davis was a
part of the firms assets between
March IL. 1890. and Jan. 20, 1891; that
James A. Talbot. as special administra-
tor of the estate of Andrew j. Davis,
had notice of the agreement that ex-
listed between Davis and James II.
Boyce, jr., with relation to the $50, 900,
and also notice of the agreement and
understanding of Davis and Boyce that
the 100000 should be considered an OBJ
legation of the estate of Davis and
was in fact the personal debt of An
drew j. Davis TO the bank; that no
settlement of the affairs of the part
nership was ever had: that all of the
parties who sold goods TO the firm be-
tween March IL, $780, and Jan. 90 1891,
did so without any knowledge of the
$4,000 agreements then existing be-
tween the First National bank, An
n n
and j. A Talbot; that on or about
Jan. 20. 1891. the First National bank.
in violation of the agreement of Boyce
and Davis and the bank and Talbot
that the 100000 was not TO be consid-
cred an obligation of the firm of Boyce
& Co, commenced an action for the
recovery of the 100000 and levied an
attachment on all the property and eff
fects of the firm: that Boyce made no
defense TO the action and permitted a
judgment for $50. 29S.S0 and 81. $40. 20 for
costs to be obtained and satisfied; that
the proceeds of the sale of the prop
erty amounted to $50 600. but plaintiffs
have no knowledge as to whether the
money went to the bank or the Davis
estate: that the action of the bank
against Boyce was commenced and
prosecuted fraudulently and for the
purpose of defrauding the creditors of
the firm of j. r.. Boyce. tr., q Co; that
none of the plaintiffs had any knowl-
edge of the facts and the fraudulent
intentions of the bank and Talbot I'm
commencing the action until about a
year before the commencement Of the
action.
The complaint further states that on
Jan. 20, 1891, and on the date of the
sale of the property the firm of J. r.
Boyce. jr.. a. Co. was not indebted TO
the bank and that all sums which
Boyce had borrowed from the bank
had been fully paid up before the COM
mencement of the action Of the bank
against the firm. Plaintiffs ask the
court TO set aside and annul the judg-
ment of the bank against the firm OF
j. II. Boyce jr.. * Co and declare IL
to be fraudulent and void
The habeas corpus proceedings be-
gun by George Il. Dygert in the cases
OF William Jones. John Peters and ID.
l.. Smith, prisoners at the county jail
were brought to sudden termination
yesterday by Mr.. Dygert and the men
will possibly serve out their sentences.
The proceedings were begun on the
same grounds as the one in the Blod-
gett case-an error in the Judgment of
Judge Turner's court. Jones and Pet
ers are petit larcenists and Smith was
sent up for assault in the second de-
gree. The former will be out in a
month. but the two latter will remain
In retirement until next February.
Mrs. Elizabeth Curtis was examined
as TO her sanity by a commission before
Judge Mediation yesterday morning
Mrs. Curtis has been residing in one
Of Joseph Silver's houses near the West
Broadway school and for six months
has been receiving aid from the county.
Drs. johnson and Mcdonald comprised
the commission.
Mr.. Silver informed the commission
THAI he had noticed many peculiarities
in the womans actions. chief among
which Was a marked ATTACHMENT she
displayed for her dog. He said she
would dress him up and address him
as her son and a gentleman. threaten
10 buy him a piano and a bicycle and
then add that some day he would be
president OF the United States Mr.
Silver thought that the woman was
under the influence Of liquor at times
Mrs. Curtis testified in her own be-