The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-27
BUTTE News.
BEGINS ANOTHER SUIT
Thornton Thomas Affairs in the
Courts Again.
GOT THE DOUBLE CROSS
William and Joseph Lutey Trying to Re-
Their Money Which Was
Lost in the shuttle at
Clark's Bank.

William Lutey and Joseph Lutey.
who. as victims. have experienced in
a considerable degree the practical
workings of the double-cross. yester-
day began another effort to recover
the money out Of which they were eu-
chered through their dealings with the
receiver appointed by Judge Clancy
for the Thornton-Thomas Mercantile
company. Lutey Brothers, through
their attorneys. Campbell q Parr. yes
terday commenced an action in the
district court against W. A. Clark a
Brother. the bankers. to regain pos
session of the money they paid the re-
ceiver and which he deposited in the
bank of the Clarks and which was
promptly attached by the bankers as
creditors of the Thornton-Thomas conf
pany. The complaint-the suit filed
yesterday recites the facts that ON Oc-
tober 4, 1897, j.. ID. Thomas and George
y. Bretherton commenced an action
against the company for the purpose
Of having a receiver appointed over the
effects of the corporation, and that
thereupon Judge Clancy appointed T..
II. Hubbard as receiver. ubbar en-
tered upon the DISCHARGE of his duty
and sole the goods and stock of the
company and deposited the money re-
ceived in the banking house of the de-
PENDANTS in the name of "E. II. Hub
bard. receiver" A portion of the mon
ey 80 received by Hubbard. s.. 241. 10,
was paid by Lutey Brothers for the
purchase of a portion Of a portion OF
the stock of merchandise. and consti-
tuted n part of the funds now in the
possession of the bank. the total
amount deposited bv the receiver be-
SnO "a AxA q SgA, a.
mencement Of the action above re-
ferred to, the Thornton Thomas COM
pany brought an action in the supreme
court for the purpose of reviewing the
appointment of the receiver and the
orders OF the court made subsequently
thereto. Such proceedings were had
that the supreme our held that the
order appointing Hubbard receiver
was u and void. and hat the court
had no jurisdiction thereof. and tina
all orders made subsequent to such
appointment were void among which
was the order authorizing the sale OF
the stock of merchandise to the plain
tits. On November l6. 1897. the vari-
Gus creditors of the observation-disclosures
company caused writs of attachment
TO be issued and caused the property
sold to the plaintiff by the receiver TO
be attached, and the sheriff ooh pos
session of the property. Judgments
were duly made and the property was
sold to satisfy judgments obtained
against the Thornton Thomas COM
pany. The latter never affirmed the act
of the receiver I'm selling the property
TO h plaintiffs. but on the contrary,
allowed the goods to be sold by the
sheriff without objection. The COM
pany v ratified any of the acts of
the receiver. ON the first of last March
the receiver demanded Of Clark a
Brother a portion of the money depos-
tied with them in his name as such
receiver. but the defendants refused
10 give II up although IL was then due
and payable. Yesterday Hubbard as
signed his claim to the money To the
plaintiffs. who demanded Judgment
against Clark & Brother for 81. s4g. "a.
together with interest at 10 per cent
from. the first of March.