The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-19
THERE'S A RECEIVER
The Books and Accounts of the Ken
yOn-Connell Commercial Company.
M. M. BLACKS is APPOINTED
Cotter Against A. o. u. W.-The
Cipher Telegram From the Phil
ipsburg Defunct Company
Business I'm Court.

On the application of Joseph Milano.
who holds an unsatisfied Judgment for
5000 against the Kenyon-Connell Com
/ mercial company, Judge Mediation yes
terday appointed Mattison NJ. Black re-
! ceiver for the defendant company and he
will take charge of its assets. consisting
only of the books and accounts. and
against the latter there are prior attach
ment claims unsatisfied to the amount of
$40. 900 or $50. 000 The company did not op-
pose the application for the appointment
of the receiver; on the contrary, IL favor
ed IL, as II was as willing that the books
should be preserved as the plaintiff was
but Attorney Forbis said all books were
in charge of the sheriff under an attach
ment, and he thought that officer should
have been made party to the action
Attorney Welcome. representing the at
taching creditors, said that Clark Bros
had deficiency judgment of about $780,
900 against the book accounts and that
the sheriff was collecting the accounts as
fast as he could and was applying the
proceeds to the judgment. The Judge de-
cided to appoint the receiver to take
charge OF the books. the latter to be SUBJ
ject to inspection at all times by both
parties. The receiver was required to give
a $4,000 bond.
Grand Lodge A. o. u. w. came up before
Judge Mediation yesterday afternoon on
a motion to strike from the defendants
answer the allegation of non-incorpora-
ton as being inconsistent with the de-
Tense on the merits set UP by the lodges
answer. The motion was argued by
Harvey e. Howell for the plaintiff and
j. w. Kinsley for the defendant The
court took the matter under advisement.
In the case of j. E. Oppenheimer
against the First National bank, on the
second trial of the suit growing out of
the failure of Hyde, Freyschlag Co.,
OF Philipsburg, Judge Speer yesterday
again decided in favor of the plaintiff and
ordered judgment in his favor for
210o.25. The court said 1t had changed
its opinion as to the law in the case and
intimated that II the same matter came !
up again he would not grant a new trial.
This was the case in which the Philips
burg firm failed in business and then tel
egraphed to the bank to transfer its de-
post funds to the new firm OF Frey
schlag, Huffman e. Co.. the telegram be-
ing in cipher and was misinterpreted, and
while II was being held for further orders
Oppenheimer attached the money in the
bank. Judge Speer held that the telegram
did not constitute an assignment of the
funds and that they were subject to the
attachment. The telegram, he said, had
no further or greater effect than a check
or order and did not operate as an as
signment.
The last will and testament of the late
]. F. Kelly was filed for probate yester-
day and petitions for appointment as ex-
ecutors were filed by II. r. Bartlett and
Fred Kelly. On the statement of James
w. Forbis that the estate was In, bad
shape and needed immediate attention,
the court appointed II. r. Bartlett as
special administrator. 1t was stated that
the estate consisted of about s., 900 worth
OF stock $500 a month in rents and book
accounts between 81, 900 and $4,000.
j. A. Cannon yesterday commenced a
suit against ]. A. Leggat for $443. 35.
Markley & Armstrong yesterday took
an appeal to the district court from the
order of the auditor and commissioners
disallowing their bill under their tax list
The Bohan habeas corpus case was to
have been heard before Judge Speer yes
terday afternoon. but the writ had not
been returned and the matter was con-
tinued until o'clock Monday evening.
The case of the state against Barney
charged with burglary was set
Tor trial on the 18th, and the appeal cases
or A. Tullock, w. Morton and P. Bo-
netti were set for the same day
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