The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-25
BUTTE News.
in THE DISTRICT COURT
A Suit Brought to Decide Thou
sand-Dollar Bet.
THE COMPLAINT is FILED
Thomas Tague Brings a Suit Against
the John Caplice Company for S1o,-
S42 30 Claimed to Be Due
for Money Loaned.

John Gillie the stakeholder in the bet
between James MacFarlane and g. 5.
Batterman, yesterday filed in court his
answer to the suit brought against him
by MacFarlane for the $1,000 held by
him. Gillie says in his answer that the
facts are that on Dec. a. 1897, a certain
wager or bet was entered into between
the plaintiff and one c. 5. Batterman.
the terms of which were reduced 10
writing as follows:
Memorandum Of wager between
James MacFarlane and c. s. Batter
man: Said MacFarlane claims that the
Montana Ore Purchasing company, or
f. Aug Heinze. paid to the Anaconda
Mining company or J. Il. Haggin, the
sum of 100000. being the full purchase
price of the Sullivan and Snow Bird
Fractions, on or before Nov. l, 1897.
Said c. :. Batterman admits that
Heinze may have paid a portion of said
amount or purchase price before Nov.
J. 1897, but claims that the sum of
100000 or the full purchase price in
money was not paid prior to Nov. ],
1897. The conditions of the bet were as
follows: First, that Mr.. j. Il. Haggin
shall decide the bet by stating over his
signature the date that such full pay
ment of 100000 was made, if the same
was made. prior to Nov. /, 1897. If the
said J. b. Haggin fails to so decide the
bet on or before Jan. ,, 1898, then the
wager to be taken down"
The memorandum is signed by Mac
Farlane and Batterman. Continuing,
the complaint says that in accordance
with the agreement MacFarlane and
Batterman each deposited with the de-
PENDANT as stakeholder the sum of $500,
and he received the money as such
stakeholder, and had no further in
terest in il. j. i. Haggin did not de-
eide the bet on or before Jan. ,, or AT
any other time over his signature. stat
ing that the full payment of 100000
had been made prior to Nov. J. 1897,
and by the terms of the wager the
money was TO be taken down by the
parties. Thereafter, and before the
commencement of the suit, Batterman
notified the defendant that MacFarlane
failed to furnish the statement, and Oh
Jan the defendant offered to repay
the plaintiff his $500 but he refused to
accept ii and demanded the whole of
the 81 .00e. Gillie says he is still ready
and willing To pay the money back
10 the parties in accordance with the
terms of the wager.
Thomas Tague yesterday brought suit
i'm the district court against the John
caplice company for S1o,S42.32 and in
terest. claimed TO be due for money
loaned the defendant at various times
during 1895. as follows: Jan. Is, $l.035:
Feb. 6. s3,073.s6; March 2s. $3.50: April
H. S1.2S475; April Is, $50: May 81.
$1,000: July 10. 81 795: Sept. q. 81, 500.
Dec. 10. 1000; April 20. $50; a total of
S14.767.6l, upon which 81, 925. % has been
paid. and judgment for the remainder
is asked.
The action against the Montana Lii
quor company, outlined in the Stand
ard a few days ago, was brought in
the district court yesterday in the name
of the state. The complaint alleges
that the defendant is engaged in the
sale of liquor in the city and is liable
TO license tax of $3.50. payable semi
annually. and ever since Nov. >, 1897,
has refused To take out such license as
required by law. Judgment for the
amount together with S15 damages, is
asked for.
Annie NJ. Westlake, defendant i'm a
divorce suit brought by Edward West
lake on Saturday, filed a motion in
court yesterday to set aside and dis
solve the restraining order issued in the
case. for the alleged reason that not
sufficient cause was shown for the issu-
ance of the order. and also because no
bond or undertaking has been filed by
the plaintiff as required by law and no
notice had been given the defendant
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