Little Falls weekly transcript., 1897-08-06
BANK ACCOUNT NOT SOLD.
Some Queer Litigation Tenn
porarily Stopped by the
District Court.
REMARKABLE DISCOVERY OF 4 NOTE.
Rosenholtz, asJ. Burton's Cred
itor, Garnishees VIM. Long
to Get His Bank Acct. .:

On June IL Snerlu hluer seFSeu a.
summons on Jacob Burton. In q
civil action brought by. A. Rosen-
holtz to recover about $500. The
complaint filed In the clerk OF courts
office shows that Rosenholtz claims
that Jake Burton gave him his
(Burton's) note for $476.5O In Au-
gust, 1893. On the same date that
the summons was served on Burton,
garnishee papers were served on
VIM. Long, now Of Beaver Mills,
Ont, andl formerly of Lincoln, this
county. 1t was the apparent Opin-
ion of Rosenholtz that Long owed
Burton money. The sheriff rendered
Long fees from Lincoln to Little
Falls, but Long demanded, we un-
derstand, fees from the state line.
At any rate. when the case came up
at the special term of the district
court on July ~ Long was not here.
When the case of ROsenholtz vs..
Burton came up Burton made no
appearance. and Judgment was rem
dered against Burton. Long made
no appearance, SO OF course judg-
ment was entered against him.
During the day the First National
bank was called up by telephone
and an employe was asked 1t VIM.
Longs check was good for $5OW.
The questioner was asked who he
was, and in reply said the inquiry
came from the depot. The<employe.
knowing that Long had been a
heavy shipper over the Northern
Pacific. supposed that the inquiry
was legitimate, and replied that Mr..
Longs check was good for the
amount. Within a very short time
Rosenholtz's attorney, Mr.. Moore. Of
st. Paul, gave Sheriff Rider instruc-
tions to at once attach the account
of VIM. Long in the First National
bank. The account was attached,
and advertised for sale on Monday,
Aug. 2. Mr.. Long was notified OF
the matter, and came to the city
from Beaver Mills a few days ago.
aud employed Lindbergh, Blanchard
& Lindbergh to protect his interests.
An order was at once secured from
Judge Searle for stay Of proceed
ings, ard also an order citing the
various parties to appear before the
court on Aug.7 to show why the
judgment against Long should not
be set aside. SO on next Saturday
the court will again consider the
matter.
AS far as the above account OF
litigation is concerned, it is not very
startling. except that there ARE one
or two rather tricky features. But
viewed In the light of other circum-
stances the case is decidedly peculiar.
Jacob Burton made an assignment
in November, 1898. The claims
against him were over $4,000. and
the creditors who partook OF the
division got about Il per cent. An
examination OF the records of the
case do not show that ROsenhOltz
was a creditor. Rosenholtz is. we
understand, brother-in-law ofJake
Burton, and was up here during the
summer visiting him. The note
Rosenholtz is suing on is claimed to
have been given about three months
~ s3nrr
VIM. Long claims that he does not
owe Burton anything, and as 1t Is
not apparent that Burton has done
any business in his own name since
his failure, it follows that Long
must have owed Burton prior to the
assignment, if Mt all. No account
against Long was placed In the
schedule OF assets by Burton when
he failed. Long had a saw mill on
the cutoff in 1893, and employed a
large number of men in the mill and
in hauling logs. A short time before
Burton failed Tor assigned) he made
q special effort to sell Long a large
bill of goods, and impressed on Long
that he was selling very cheap. A
large quantity of goods were shipped
by Burton to Long, part OF which
Long paid for at a very low price
some of the payments being made to
Burton after Burton's assignment.
These proceeds never reached the as
slgnee. Even at the prices offered,
Long would not buy all the goods,
and afterwards, when Burton be-
came connected with other stores at
Little Falls. the goods werereturned
on Burton's order. They had never
been reported by Burton as part of
his assets. Long claims that that
was the only time he owed Burton q
large amount of money, and that he
paid him in full all that Burton
claimed was due.
What the developments OF next
Saturdays litigation will be 1t is
not plain to see, out there are GER