The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-20

the whole transaction between Wearth
and Harrington was frauouleht LIZ
not in good faith.
Fifth-Thev verdict Of the jury agalhst
the Butte 4 Boston Mining compahy
is not sustained by evidence. peCauS-
IL clearly and satisfactorily apPeaIS
from the evidence that Leggat accepteu
the check i'm full settlement n pay
ment of his demand against the Butte
& Boston Mining company and dis
charged them from all LIABILITY thtFeoh
and that the money was IN the AIM
for the payment thereof. which money
then and there became and vas appro-
priated for the payment on the check.
ON errors OF law the following as
signments are made:
The court erred in oNerruIhS de-
PENDANTS motion for a non-sult AT the
close of plaintiffs case, II clearly ap-
| pearing that he had failed to make out
a case against the defendants or either
Of them.
Second-The court erred i'm sustaining
the objection TO the question asked OF
the witness Ed Lynch. by plaintff' TO-
wit:
What would you say as TO whether
or not a business man, an ordinary
business man. knowing these Ia be the
signatures Of Mr.. Leggat, would nave
I cashed this check such evidence ne
ing competent to show that an orhl-
nary business man. knowing the sigma
ture of Mr.. Leggat and seeing the SIG.
nature on the check in question, would
not excuse ordinary business judgment
in cashing the check without making
inquiry.
The statement was sent To Judge
Rrantly at Anaconda. who presided at
the trial. for his approval.
In compliance with the peremptory or
der issued by Judge Clancy, Andrew j.
Davis. administrator Of the estate OF
Grace +. Gaylord, deceased, yesterday
filed i'm court his final account Of the
condition of the estate. showing total
receipts to the amount Of sSs, 396.b5, the
principal Items in it being as follows:
Balance in the First National bank.
Sent. 81, 1897. $4.974.s1: balance due on
account with Parrot company. 1898;
balance due on note Of Bridgeport Cop
per company, S2s. 967 .43. The administra-
tor reports, that there were claims pre-
sented against the estate and that the
only liza Utilities are the inheritance tax
due the state and county, the fees due
the administrator and the attorneys
fees To be allowed by the court. There
is In addition to the money now on hand
a note of l.. ID. Russell on which there
is a balance of about Sl,025 due, which
Is secured by a mortgage, and the ad-
ministrator asks permission to bring
suit to foreclose II. There are also 100
shares of stock of the Parrot company
of the appraised value of $40 per share.
There is a lot OF jewelry and other per-
sonal effects which is In the hands OF
the heirs and is TO be distributed among
them according to a contract entered IN
TO by them, the total value of which is
S94S. 20, and Is 10 be distributed as fol-
lows: Ruth L. Grant. S261.75 Helen NJ,
Davis, $3.50: Elizabeth M. Gaylord
$3.50. IS: Frank /. Gaylord, SIS; Kenneth
NJ. Gaylord. $35; J. +. Gaylord, $34.I IS.
The administrator makes the follow
ing statement relative to his failure 4
make a report: Before the time for films
claims against the estate expired, July
!, 20, 1898. and your administTator would
have then filed his report, but his at
, torney, George A. Clark, was i'm tn
East, n he intended 20 file the SAINT
: as soon as said Clark would return
! that on the 9Th OF July he was served
with a copy Of citation issued out o
said court directing him to show tn
. condition Of said estate, and on on abou
. the first DAY OF August he was In
[ formed that the hearing thereon ha'
- been continued until the 18th Of Sep
TENDER, OF he should have compiled wit
the order of the court directing him I
make such showing on the Sth day O
August. The administrator respectfuli
:. shows hat he was not aware Of tn
provisions of section 21S0 of the code q
. civil procedure until the citation wa
served upon him.
The defendants in the butchers boy
colt case, who were inChe by "A lur
for 1000 damages awarded A. TAFT an
J. others who were boycotted, are not sal
= ished with the result and they want
new trial. A statement and bill OF eS
ception was filed by them yesterda,
1t is claimed that the verdict OF the jul
is not sustained by the evidence as the
was no evidence that showed, OF had
tendency to show, that either the But
Butchering company, BeaVerhead Mei
company. Silver Bow Meat compan.
Montana Dressed Meat company OF Il
Butte Dressed Meat company in an
manner whatever, either directly or u
directly. luterfered with the plaintiff
business or that they We're members
the Retail Butchers association, or hi
any knowledge of any act done by tn
association To hinder or interfere vi
the plaintiffs business. A number
ALLEGED errors of law committed by q
court during the trial are also set up.
Catherine NJ. Richie, wife Of Frede,
RitChle. yesterday applied 10 the cou
for permission TO do business as a 81
trader and In her own name. She sa
4. in her petition that she makes the a
ms plication in good faith TO enable her
eel support herself and son, as the latter
Az dependent on her for his support. ;
ih saws her husband is 80 years If age a
is not physically strong and Is suffer-
j. from heart disease and a chronic coui
being unnt to perform any manual
Dor. Mr.. Ritchie says she has obtain
1000 from her grandmother, Mrs. FL
SA Dady of Philadelphia. and that she
sires to invest II I'm a general business
James @. Kimball yesterday brou'
suit for divorce against Minnie i
ball. to whom he was married In {
cago on Sept. Il, 1896. on the list
July. 1897, while living at Deer Lod
- IL - h. ~ IA