The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-18
ANACONDA news.
RE|Hs-HYDt SUIT
Trial Of the e21.ooo Case Begun
In the District Court.
COMPLICATED AFFAIR
Dr.. Rsins 9ssks 20 Recover e21 .496 90.
Claimed TO Be Due Him by Joseph
A Hyde In the Freyschlag-
Human Mercantile Co.

In the district court. The suit is a most
complicated affair. and so many ex-
terror elements bear upon the ques-
lions involved. that only a brief state
ment Of the case can be given. The
jury which is trying the ease is COM
posed a. follows: c. r. Nelson, c. w.
French. w. p. Avery. Patrick Trodden.
r. @. rerrill. w. T. Elliott. James NAL
Iorey. w. H. whiiehill. James w. John
son. q. N. Corast. r. L. Davis and job
Nye. The plaintiff In represented by
John w. Cotter and q. w. Stapleton OF
Butte n h defendant by Rodgers a
Rodgers of this city and John Forbis
Of Butte.
In the complaint Reins sues for
81. 4s6.4s AND interest. The plaintiff
claims this sum to be due him by Hyde
a: the purchase price OF an interest
which Reins owned In the mercantile
corporation of Freyschlag. Huffman &
Co. OF Philipsburg. Reins claiming that
Hyde purchased h interest from him
In 1895 and has not paid the purchase
price.
DR.. Reins. the plaintiff. testified in his
own behalf and stated generally that
Hyde purchased the interest from him
for SIS. 900. from which was deducted a
credit OF $3.514.51. leaving a balance of
81. ass. ~. and agreed to I've credit on
a note of s54.00 o which Reins owed to
the bank of Hyde. Freyschlag & Co.. OF
which Hyde was a member. Hyde
failed to give him the credit on h
note n that thereafter he. Reins.
transferred to Hyde's nominees all his
property In Butte and Philipsburg in
settlement Of the note. claiming that
the property was transferred I'm settle
ment of the full note and interest with
out any credit. The witness said the
Y Ana - l. $3.50 A.
First National bank of Butte as coll
lateral security for an Indebtedness
owed by Hyde. Freyschlag & Co. when
the settlement was made. When the
witness went to the bank to inquire
o N balance u on the note. he
did not see the note. but from the fig
ures given him by Andrew j. Davis. the
cashier. as to the o due. he saw
that the credit of s2l. ass. ~ had not been
given him on the note. The witness
said he did not call the attention of
Hyde to the fact that he had not been
given credit for the s21. ass. 40: neither
did he call Mr.. Davis attention to IT.
settlement of the s54 900 note and see
what he could do by bringing suit
against Hyde for the ~latter's failure IN
give him credit for the s21. 4s5.49
@. w. Stapleton was the next wit
ness in behalf Of the plaintiff. He said
he settled the matter up for Reins. He
went to the bank to get the note when
the deed was executed to the property.
and at his request the cashier indorsed
upo the note the words paid i'm full
by deed to real estate"
James NJ. Self also testified for the
plaintiff. The witness said word had
come to him that Reins heard that
Hyde claimed that Reins still owed
Hyde a valance. Reins directed Self
TO request of Mr.. Hyde a statement of
the financial relations between them.
Self did so n Mr.. Hyde'told him that
there was no statement to be rem
'dered.
This closed the case for the plaintiff
and the defendant. Joseph A. Hyde. tes-
tined as a witness in his own behalf.
He said that he had purchased the in
-terest Reins claimed to have In the
assets Of the firm OF Freyschlag. HUFF
man & Co. for So. 900 on behalf of
Hyde. Freyschlag 4 Co. a banking
firm. then COMPOSED of himself and
J. NJ. Merrill: that there was a credit
against Reins Of s3.514.5l. leaving the
balance of S21. 4s5.49. IL was the agree
ment, said the witness. that this sum
should be credited to MI. Reins mon a
note OF $4,000 owing by Reins TO the
bank Of Hyde. Freyschlag a. Co. The
note was then in the First National
bank OF Butte as collateral security,
~ "e1 sttN " " EiCt ANdilDfldl "
Butte to Philipsbure to compute the
interest upon II. The witness said he
placed the credit for the s21. ass. 40 upon
the books of the bank and made out
certain credit slips n attached them
TO the note and sent the whole back 10
the First National at Butte. the follow
Ing March IL. 81 days after the settle
ment had been made He also enclosed
a letter to the cashier explaining fully
that he had mad this transaction with
Reins n that he had given credit ac-
cording to the slips enclosed. and also
stating that he had charged the credit
90 profit and loss account. ON Jan. 2
preceding. he had written 20 Mr.. Reins
that he had been given credit upon the
note for the S21. 4S5.fs.
II was fully understood. said the witt
ness. by himself and Reins that the
note -~s credited with that amount.
That after the credit for the amount
had zen given there was due on the
note s51. 900 or thereabouts. Thereafter
DR.. Reins agreed with him to convey
TO his nominees all his n-~~erty in set
Element OF the note for the balance due
upon IL after allowing credit for the
S21 .<s5.4a. This understanding and
sgreement was carried ou by all the
parties. although the credit was never
Endorsed upon the note and that the
property was transferred To him in set
Element. not of the full amount OF the
note and interest. but in settlement Of
the balance OF the note after allowing
h credit.
The witness also said that the value
ri the property in Rutte secured from
Reins was worth only So. 900. added 10
which was the --""-~hurg property.
worth 81. 500. a total Of ss4 900. almost
all OF which had been sold at the high
est market price that could he obtained
for II and no more could be realized
out of H.
Mr.. Hyde was subjected to a long
and tedious cross examination. which
did not materially change his testi-
mony. Court then adjourned until this
morning.
The property that was transferred
was that which was originally given in
a mortgage TO secure the s54 ono. with
the exception of Reins' homestead.
which HYDE released at the time 81 the
frsnsa elton on Jan. q ard which was
valued at about -. ooo. in consideration
81 Reins assuming and paving a note