The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-17
ANACONDA news.
Al IMPORTANT OPINION
Rulings Of Judge Brantly in Q
Lien Case.
THE DEMURRER SUSTAINED
An Exhaustive Discussion OF the Cues
eoos Involved in the Suit OF tho
Ancisnt Order OF Hibernians
w. Ncveigh and O'Brien.

In sustaining a demurrer Tuesday In
the case Of the Ancient Order Of HI
5ernians, division No. I of Anaconda,
against Peter Mcveigh and John T.
O'Brien. Judge Brantiy rendered an
opinion Of some length. The opinion
contains many points Of law which are
Of much importance. The opinion says:
In this cause the plaintiff corpora
tion II seeking to recover from the
defendants the sum Of $6sl22. the
amount claimed to have been paid by
IL to release from liens Of material
men and mechanics. the building known
as Hibernia hall. ituat IN lots num-
bered I and ?. in block %. in the city
of Anaconda
The questions presented here arise
on a demurrer of the defendants 10
the plaintiffs amended complaint. IL
appears from III complaint that on
the 10Th day of April. 1886. certain par
ties. to-wit. Hugh DAILY. ID. A. Shea
and william Gallagher. describing
themselves as trustees OF the Ancient
Order OF Hibernians Of Anaconda, en-
tered into a contract with Patrick Far
rell and william Klein. under the firm
name OF Farrell & Klein, under the
terms OF which Farrell & Klein were
to do certain work in the erection of
the building above mentioned. This
contract was signed by the parties
above mentioned. At the same time. II
il alleged In the complaint. the de-
PENDANTS. Peter McVeigh and ]. t.
O'Brien, signed a bond payable to Hugh
DAILY. Owen O'Neil and Dennis Shea,
who describe themselves as trustees OF
the Ancient Order of Hibernians of An
aconda. in n part of the bond. and in
another part Thereof as trustees for the
Ancient Order of Hibernians. in the
sum of &1.412.50. conditioned to keep
the owners free and harmless from any
and all damages that may be occa-
stoned by his work. and pay all just
debts occasioned by labor and material
for this work This bon purports in
the body Of IL TO be the bond OF the
said Farrell a. Klein as principals. no
one being mentioned as sureties. II is
signed by Peter Mcveigh and J. T.
O'Brien. but not by Farrell a Klein
IL does not appear whether the said
McVeigh and O'Brien are sureties or
The complain, alleges that the
made. executed and deliv-
cred this bond to the plaintiff. and IL
In Insisted In the argument. but not
In the complaint. that his
was intended to preserve the
harmless against any lien that
might be laid upon the property by
material men and mechanics who fur
nished material and did labor during
the progress OF the building.
The complaint contains FIVE sepa-
rate causes Of action setting forth in
substance that the plaintiff has here
tofore been compelled 10 pay at various
times the sum sought to be recovered.
in order to discharge valid liens held
sgainst the property 10y the Anaconda
Copper Mining company. Mahan Bros.
md hAa TAA.- L. - Il. Il
the complaint that the plaintiff cor
poration Is the same corporation as the
one mentioned In the contract and
bond: nor H. there any allegation that
the persons who describe themselves in
the contract and bond as trustees Of
the Ancient Order OF Hibernians Of
are the trustees of the plant
IN. or that in the execution of these
papers they acted for and on behalf
OF the plaintiff. The face of the dif-
ferent writings inc the testimonial
clauses therein seem to Indicate that
they acted for themselves and not for
the plaintiff. Doubtless the gentlemen
who describe themselves as trustees OF
the Ancient Order OF Hibernians of
Anaconda were at the same time OF
the execution Of the bond inc contract
the authorized trustees of the plaint-
III herein and were aclIng In its behalf.
hut IL does not appear so from the
CpiipidinN. III the pl8lntlU recover AT
all. II mus be upon the facts as they
exist and not upon any supposed state
of facts
1T is the principle OF law tina when
an agent acts fer his principal within
tho scope of his authority n at the
same time divulges the name of his
principal so that the parties with whom
he deals know and act with this knowl-
edge. I'm entering into contracts with
him. the principal. is held by the acts
Of his agent. and vice versa the princi-
pal may profit by the act of his agent
and hold those who contract with his
agent. Where the contract. however.
on the face of IL does not show that the
agent acted for the principal. the agent
= apparently the only party in interest
and is therefore the only person who.
upon the face Of the contract. unaided
by suitable allegation. Is entitled 10 re-
cover upon the contract. The court is
inclined 10 the opinion that II the COM
olaint I'm this case contained a suitable
allegation showing that the gentlemen
who describe themselves as trustees
acted for aud on behalf Of the plain-
III and this fact was known to the de-
PENDANTS at the time OF the execution
n the bond. the defendants would he
stopped to deny their liability after
there has been a breach Of the bond.
This question. however, has not been
discussed by the attorneys In this cause
and not now finally decided. Before
any ccovery can be made in his
cause. however. IL will be necessary to