The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-24
SUITS BEGUN
Two Butte Firms Bring Actions
Against n. j. Murphy.
SALE STOPPED
The Complaints Set Forth That the De-
PENDANT Msds Various False and Mis-
leading Statements for Purpose
Of Obtaining Certain Goods.

Last week in the district court there
were filed several suits against Michael
J. Murphy. proprietor of "Our Store"
on East Park avenue One of the
suits was brought by Timothy J. MUIR
ply. his brother, on two notes aggre-
eating more than $1,000. The others
were brought by J. A. Schroeder. the
Stromberg & Co. Murphy confessed
Judgment. and yesterday the sheriff
started in to sell the stock of goods.
The sheriff had not gone very far,
however. before Coroner Hardenbrook
served papers on him in two replevin
suits brought by Cooney Bros. of Butte
and the Davidson Grocery company, al
SO of Butte. The suits are brought
against Michael ]. Murphy and John
Fitzpatrick, sheriff. The complaint
in the case of Cooney Bros. alleges that
between March 1 and April 1. 1898, the
plaintiff sold and delivered 10 the de-
fendant. Murphy. 1876 tubs of butter, of
the value of $235. rs. That at the time
the delivery was made Murphy was
conducting a business in Anaconda;
that he represented to the plaintiff that
he was solvent and able to pay for the
~ ~ Aob w III III
except a small sum, not exceeding ST.
900; that he did not owe anything to
any of his relatives, m that he had
no money of any OF his relatives invest
ed In his business; that he was doing a
good business and that his collections
were good; that he was the owner of
real estate not exempt by law, consist
ing of lands and buildings In Ana
conda in his own name. of the value of
50, 800.
The plaintiff further alleges that said
statements and representations were
made by Murphy for the purpose of oo-
tanning credit, and upon the representa-
tons thus made the defendant sold and
delivered the goods. Further, IL is set
forth hat the statements were wholly
fraudulent and false; that Murphy con-
cealed from the plaintiff the fact that
he was insolvent and willfully and in
tentionally concealed the fact that ne
was indebted to creditors, n also to
his relatives.
1t is set up that the purchase of the
goods by Murphy was void, and that |
Murphy obtained no title to the goods |
by the sale, and that the plaintiffs are
to the possession OF the proper
ty.
The plaintiff relates that on April IA
Fitzpatrick, sheriff. took possess
sion Of the stock by virtue of certain
writs Of attachment: that on the 23d of
April the plaintiff made demand upon
sherin for the goods, but that the
refused to deliver them. where
by the plaintiff is damaged in the sum
of 500.
Cooney Bros. also sue on an assigned
claim from Reed, Walsh & LANCE of
Chicago, who claim to have sold Sis. 40 |
of canned goods to Murphy un-
der the same conditions as above relat-
al Thu v1oi&fR g. 4
cry OF the possession of the goods of
their value. namely. $685.. rs. Sis. 40 and
1900 damages.
The complaint in the Davidson Gro
Gerry company suit is similar to that of
.ooney Bros, differing only In minor
details. The claim is made for 81
1881 and $500 damages. George y.
OF this city n c. p. Brennan
Butte are attorneys for the plaintiff
Notice OF appeal was yesterday filed in
he district court in the case of NJ. ].
Heating VS.. j. p. Stage and T.. L. Con-
'ad. doing business under the firm name
II Stagg 4 Conrad. The suit was or
ginally brought in Justice williams
,ourt to recover 1885,. 80. claimed to be
on a debt. The judgment of the
court was that the plaintiff.
Heating. was entitled to the sum of SIS
costs. amounting in all to S92. so.
from this judgment an appeal is taken.
None Of the toe involved in the suits
vas sold yesterday. IT took up the en-
ire day to sort out the articles replev-
ned, which are enumerated in detail
n the complaints. The replevined goods
we're placed on one side. and the sale of
he other property will be resumed
Monday.
TIVE DIrTiIpC CvuIotr