The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-20
BUTTE News.
PARTIAL REPORT FILED
Accounting Suit Of j. NJ. Bowes
VI. e. b. Sherman.
REFEREE STILL IN DOUBT
Many Questions Have Arisen From a
Lack of Dvidencs-rhe Difficulties
Encountered During the
Hearing.

j. L. Wines, referee in the accounting
suit of John NJ. Bowes against Edward
II. Sherman, yesterday filed a partial
report in court. The referee says that
some time after his appointment the
taking Of testimony was commenced,
and after 1t had been concluded the
referee attempted to arrive at the real
facts. but found himself surrounded by
more difficulties than appeared during
the progress of the hearing, and upon
many questions arising under the evil
dence. or rather arising by reason Of a
want Of evidence. he Is still in doubt.
He finds, however, that the plaintiff
and defendant entered into a partner
ship agreement on July 2, 1892. and for
some time thereafter continued in bust
ness together as partners, ~onductin n
music store under the name OF the
Sherman Music company. The part
nership was formed by the plaintiff
buying a half interest In a similar BUSH
ness conducted by the defendant, for
$1,000. n during the time that the
partnership vas continued the partners
were equally interested in IL. The part
nership continued until the present
time. but the partnership business con-
u ohlf aiNil
which date the Sherman Music compa-
ny was incorporated, from which time
the business of the partnership was as
sumed by the corporation carried
on in that name. As part or the con-
sideration of the partnership formed on
July I. 1892. IL was agreed that the
partnership should assume all accounts
and liabilities of the defendant belong
ing to and growing out of the business.
The referee find that there has been
no evidence introduced showing a sepa-
ration or segregation of business, ac-
counts, etc, as between the periods en-
braced within the LIST day of July. 1892,
and the 18th day of September, 1898. up
on one hand. and the 7th day Of Sep
TENDER. 1898. and any date subsequent
thereto upon the other hand. The ref
cree therefore concludes that the par
ties to the suit are entitled to a formal
decree of judgment dissolving the part
nership existing between them, but that
1 there cannot be a judgment or decree
4 of accounting nor an adjustment OF the
business between the parties covering
the period from July ]. 1892. and Sep
TENDER z. 1893. for the reason that there
r. no evidence showing a segregation al
business; and there can be no account
ing for the period after the latter date
for the reason that the business was
then conducted by the Sherman Music
a corporation, through it'
officers. and for the further reason thai
the corporation is not a party to the nc
ton. n the suit is being prosecuted
by the plaintiff as a partner and not as
a stakeholder in the corporation.
In Judge Lindsay's court yesterday
the mining suits of John c. Evan anc
]. f. McGovern against H. l.. Haup'
were up for hearing on a motion l.
make permanent the temporary inJunc'
tions issued i'm the cases.
The hearing was not concluded anS
will be resumed this afternoon.
A suit of William Maus agains
Charles Terrell was dismissed for wan
of prosecution.
Anna Dooley yesterday began sui
for divorce against her husband, Law
renee Dooley, on the ground of deser
ton. They were married in Butte oil
June 90, 1897. and he deserted her fou
months later. on Oct. IL. He Is nov
at Burke. Idaho. Mrs. Dooley ask
permission to take her maiden name
Anna Lynch.
w. A. Clark & Brother yesterda.
brought suit against the Montana Pow
err company for 81. 269.1 IL claimed to b
due for money advanced to the defend
ant between April 81, 1898, and June IL
1888.