The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-05
TWO BIG CASES STARTED
One for $4,000 and the Other
for $4,000.
]. P. REINS VS.. J, A, HYDE
The Plaintiff Sues for the Purchase
Price of Certain Stock Martha
Walter Seeks to Recover
s25 900 Damages.

Two suits of more than usual I'M
portance and involving altogether to-
tai of about $4,000, We're filed in the
district court yesterday. One OF them
is for an alleged breach Of contract and
the other for damages. The latter IS Oh
an unusual nature and is probably tne
first of its kind ever Instituted III TINS
state.
Reins is plaintiff and Joseph A. Hyde is
defendant. The complaint in the case
alleges that on and prior to the 9tn DAY
of January. 1895, the F'reyschlag-Huf-
man company was corporation, organ
ICED and existing under the laws OF
Montana: that on or about the said date
the plaintiff was the owner of one-thlru
of the capital stock of the said corpora
ton: and also, by virtue thereof, OF one
third interest in, of and to all OF Inc
merchandise, stock, fixtures, DOCKS OF
account and real and personal property
then owned and in the possession OF the
said corporation.
That on or about the 9Th day of Janu-
airy. 1895, so the complaint sets forth,
the plaintiff sold, furnished, Delivered
and transferred to the said Defendant
at his instance and request, all OF ms
right title and interest in, of and to the
said stock fixtures books of account
and real and personal property OF the
said Freyschlag Huffman company, ana
all his interest in the said company ana
the assets and property thereon, IN con-
sideration of the payment to the plant
if by the defendant of the sum OF
S25, 600.
That the said defendant then and
there agreed and promised to pay TO the
plaintiff the above mentioned sum OF
$25, 900 in consideration of the sale, put
that he has not paid the same nor any
part thereof, excepting the sum or
S351451, leaving a balance due from the
defendant tn the plaintiff of 81, 1884, ~,
for which amount and interest at ~
per cent from Jan. 8, 1895 and costs OF
he suit. judgment is asked. Jonn w
Cotter and Stapleton d Stapleton OF
Butte are attorneys for the plaintiff
A writ of attachment was issued ana
Yesterday afternoon the service was
made on the Lizzie block in Butte.
The other suit is one of Martha Wal
ter against A. II. Mitchell. The COM
plant in the case sets forth that on the
l4th day of March. 1896, A. III. Mitchell
and Charles r. Mussigbrod entered into
contract with the state of Montana
for the care, keeping and maintenance
and restraint of the insane of the state;
that after the contract had been made
Charles f. Mussigbrod died and 10
Mitchell fell the duty of carrying out
the provisions of the contract.
That on March 10. 1896, one James
Roads was declared insane by court
Gf proper jurisdiction anu WAS pldttd III
the charge of Mitchell and Mussigbrod;
that the state board did not declare
Roads to be otherwise than insane, and
that the board did not order him dis
charged from the asylum.
That on June 10 1897, the defendant
wrongfully allowed Roads to get away
and to associate with other persons and
that while Roads was so unlawfully at
liberty he assaulted one j. T. Walter
and did him great bodily injury. from
which injury Walter died
The plaintiff alleges that she and
Walter intermarried ON the 29th day OF
June, 1871, in the state Of Illinois, and
that he was her sole means of support
and that through his death she was
damaged in the sum Of $4,000, for which
sum she asked judgment against the
defendant. Rodgers & Rodgers are at
tOrneys for Mrs. Walter.
The killing above referred to is that
wherein Roads struck Walter with an
axe while the two were gathering wood
and a full account of which was pub
lished in the Standard at the time of its