Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1896-01-31
GREENGHRD,
.-- = A.
TREBBY,
2s o& BURTON,
FRETZ,
.@ FLYNN,
n Five Handed Law Suit In
Which the Supreme Court
Reverse the District.


dered dccis on In the case Oh
Josepb Greengnrei, apppllent, w. r.
A. Fretz, ct. al. respondents, IN
which the lower court IL reversed
1'his decision is favorable to Green:
gard, but whether the decision calls
for a new trial or gives Judgment
against Fretz. ct al Is not yet
known. Fretz's associates IN the
defense ". re Sam Trrbby and j. g.
Flvnn. N. Burton, or N. Burton 4
Co.. now own the claim eOf Joseph
Greengard.
The case is about as badly tangled
10 as any that has vet been before
the courts. Az near al the facts can
be gathered Fretz took a logging
contract couple OF years ago, ana
claimed that Jacob Burton was a
PARTNER. 1t was after. Jacob bad
made his very successful failure, SO
Fretz could not demonstrate that
Jacob was in business. The camp
supplies were furnished las Fretz
claimed) ny Burton, bur after the
logs were sold to j. W. Day 4 GO.
Joseph Grc"ngard (father-in-law OF
Jacob Burton. and VIII" assigned
last fall) put in u claim for the goods
supplied. and gnrnisheed Day u 60.
for the amount due Fretz. Fretz
then gave a bond to release the
parnishee, aud Trebhy and Flynn
signed the bond. The money was
then released, aud Fretz and Trebby
are supposed to have received II.
After Duy & Go. had been garnisheed
Trebby claimed that Fretz had sold
him the claim against Day & Co.
before the garnishee, therefore Day
& Co. owed Fretz nothing. 1t is
understood that Flvnn had given a
bond to Day & Co. to protect
Fretz's title to stumpage. and was
interested in having Fretz obtain
the money from Day & Co.
AS the case stands now it seems
that Greengard (or B"rt"n) willsuc-
coed in getting u Judgment against
Frctz, Trebby and Flynn for the
amount of the claim. about $500 and
at least 800 costs. Fretz left for the
West several months ago, and
nothing has been heard from him for
a long time, and he will not partici-
pate in satisfying any Judgment.
As Trebby was in Minneapolis with
Fretz at the time the Day & Co.
money was released, and had on file
with the surveyor general an as
signmcnt from Fretz. it is not prob
able that he left himself in such sha pc
as to lose much by connection with
the case. II Burton finally wins, it
appears that Flynn will be the one
to suffer. unless he ia protected III
some unknown way.
1t was in the district court trial Of
~. this case that Jacob Burton gave
edivence about N. Burton & Co. that
brett Y nearly took the record In local
testimony. Burton ON the stand
denied TINT he was the party in
interest in the claim that Greengard
has assigned, and then followed this
testimony by Burton regarding the
claim and the firm.
Question. This claim really be-
longs to you. don't it?
Answer. 1t belongs to N. Burton
4 Co.
@. Are you interested In it?
A. No sir.
Z. Didn't you tell Mr.. Flynn that
yHM HAD bought this claim from
Greengard and paid for it?
A. No sir; 1 told him N. Burton &
Co. bought it.
@. VINO is N. Burton & Co.?
A. You have to 10 to them to
sind out.
@. Do you know who belongs to
that firm?
A. No sir. don't know who be-
longs to that firm.
@. Do you know who constitutes
that firm?
a "A. NO.
h @. La that your answer?
A. Yes, sir.
~ @. Are you &C ting as their agent?
"A. Yes, sir.
@. Carrying OH this business for
them?
A. l am acting az their agent.
O.. Managing this lawsuit?
A. Just what you would notice.
@. Looking after the trial Of this
case?
Il A. Yes sir.
@. And running their store over
here in town?
A. Sometimes, yes.
q, You have charge OF it?
A. Sometimes.
O.. Sign their checks. and SO on?
A. Yes sir.
0 g. You know who one member of
the firm is?
A. Yes, sir.
@. Who is the N. Burton OF N.