The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-25
SUIT ON A COLD NOTE
TAKEN UNDER ADJUSTMENT
The Frank-Pinous Dispute Decided
Favorably to the Defendant
John Mcbride VS.. 3. E. Jacobs
Matters Set for To-Day.

A case in which was involved the liza
bilities of trustees of a corporation for
the debts of the company by reason OF
having failed to file an annual state
ment for record was on trial before
Judge Mediation yesterday. Another
question of greater importance involv-
ed, however. was whether or not a
written agreement of a person, not to
engage in an opposition business, has
any weight in law. The case on trial
was that of Benjamin +. Jacobs against
w w. Adams and Frank Boucher, trus-
tees OF the Knickerbocker Ice company.
W. l. Lippincott appeared as counsel
for the plaintiff and +. t. Mcbride and
John T. Baldwin for the defendants.
The suit was on a $500 note and the
evidence showed that the note had
been given by the KnickerboclSer Ice
company in payment of Jacobs inter
ests in the ice business. A man named
Branson had also been interested in
the company, and both sold out TO
Adams and Boucher, and signed an
agreement not to engage in the ice bus
mess in Butte for two years. Soon
thereafter Jacobs got back into the
company in some way and they secured
the lease on a pond of water on Colonel
Lloyd's ranch. Mr.. Lloyd was given
an interest in the company and Jacobs
interests were again purchased and the
$500 note in question was given him
to engage In the ice business in Butte
during a period of some years. Almost
Immediately thereafter, however, he or
ganiZed the Crystal Ice company and
was i'm business a year or more before
Adams and his partners knew IL and
when they learned of 1t they refused to
pay the note when II came due.
Evidence was introduced to show
that before Jacobs started the opposh-
ton company, the Knickerbocker paid
dividends of 16 per cent. in 10 months.
After the Crystal started in business.
the other company began running be-
hind and the first year lost over $1,000
and the second year they got In the
hole over $1,000, and Mr.. Boucher, who
had been advancing money, was com
PEELED to protect himself A list OF Gus
toners who, 1t was alleged, had been
taken from the knickerbocker COM
pany by the Crystal company was In
PRODUCED In evidence and the losses
computed. AT the conclusion OF the ev-
idence Judge Mediation took the case
under Amusement, IL having been sui
mitted without argument.
The verdict OF the pury I'm the case OF
H. L. Frank against A. Pincus was
opened yesterday morning and found in
favor of the defendant and judgment
for costs was entered.
A judgment by default was entered
in the case OF Winch Bros, against A.
Ducnarme x 90.
John Mcbride commenced a suit
against Il. f. Jacobs for $500 alleged
to be due on q. note.
The following matters are set for
hearing in Judge McIiatton's court this
afternoons:
Estate of Mary Stewart, petition for
distribution; estate of John Mcleod,
settlement of account and petition for
distribution; estate of William Hamil-
ton, return of real estate; estate of
John Stanley. settlement of account
and decree of distribution; estate OF Mi
chael Brady. petition for letters of ad-
ministration; estate of Denis p. Lowney
same; j. c. Hurley VS.. Harry Blumkin,
settlement of statement on motion for
a new trial; John NJ. Bowes VS.. Ed II.
Sherman. motion to strike; state ex rel.
j. A. Shields VS.. S. II. Almon, ]. p,
writ of review; Charles II. Carver VS.,
II. L. Frank, motion TO strike from
files. william ]. Mullins vs.. Clara Null
Inns, plaintiffs proof; Anaconda Copper
Mining company VS.. Butte q Boston
company, demurrer; Mutual Collection
company VS.. Denis O'Brien ct al. de-
murrer.