The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-19

ner by cutting OF the signature of
PENDANT oimits the payment of $3.50 on
the note, but denies the payment of
SsO5. IS. as alleged in the complaint.
Defendant alleges that on Aug. is.
1884. IL had a deposit I'm the bank of
plaintin OF $s01. IS, subject to check or
demand, and that plaintiff on said Aug.
Is, 1894. fraudulently converted the
money to Its w use and pretended to
appropriate the same to the partial pay
ment of the note. and that such wrong
full appropriation occurred subsequent
to the mutilation of the note.
Wherefore defendant demands judg-
ment that said note so altered and mu-
tilated be adjudged null and void and
the same be delivered up and surren-
dered to be Cancelled. and that defend
ant have Judgment against plaintiff for
the sum of sS0l35. with Interest there
on, and for costs of suit.
In the suit Of the city of Butte vs..
Thomas II. Kinds. county treasurer.
growing out of the difference i'm regard
to the poll taxes that he had collected
and refused TO account Tor To Inc Guy.
Kinds was granted until Saturday to
make an answer.
In Department I. Of the district court
yesterday. Judge Lindsay handed down
a decision in the cas- of Frank Is.
Themes. receiver. VS.. NJ. w. Wheeler
and others. This was a case growing
out of a proceeding hat occurred sew
eral months ago. i'm which Jennie
O'Donnell and Helen NJ. Wheeler were
i'm court over a lodging house, in which
hey had been partners. As a part OF
the proceeding. Mrs. Wheeler was COM
mitted to jail for contempt and Attor-
ney Kirk was cited to appear and SHOW
why he shoul not be adjudged in con-
tempt.
The court yesterday submitted
lengthy findings Of fact and the con-
illusions OF law were as follows:
"First-That the chattel mortgage
hereinbefore described was a valid
mortgage and that the sale of said per-
sonal property hereunder was in law
a valid sale.
"Second-The court is unable to find.
from the evidence, whether or not the
claim of NJ. W. Wheeler. secured by
chattel mortgage. was valid or just for
the amount claimed or otherwise.
"Third-The claim of Silven Hughes
&Co., being admitted to be valid. and
the execution of the mortgage to secure
the same and the sale Of the personal
property Hereunder being valid, the
court finds 10 ground upon which to
vacate or set aside the said sale. al
though there may have been a claim
secured by the mortgage which was not
justly due or may not have been due
for the amount thereof stated i'm the
mortgage. And further. that If the
co-partner. Jennie +. O'Donnell. was
prejudiced by the action of her CO.
partner, Helen A. Wheeler. in includ-
ing i'm said mortgage, w~rongfully. a
claim in favor of NJ. W. Wheeler. which
was MOI justly owing. along with the
valid claim of Silven Hughes e. Co,
her remedy is i'm her suit for
ing against her co-partner. And fur
Their that. il as alleged i'm the COM
plant. IL was unnecessary to make
said mortgage, by reason OF the CO.
partner. Helen A. Wheeler. who exc
cuted and delivered the same. having
funds in her possession to satisfy the
claim of Silven Hughes & Co., in whole,
or sufficiently to avoid the necessity for
executing such mortgage; and by with
holding such funds from application to
such purpose and by executing said
mortgage wrongfully. a sacrifice of the
partnership property was thus I'M
necessarily accomplished. as alleged.
that the remedy of the co-partner pre-
JUDGED by such action is also inap-
propriate proceedings for accounting
and damages.
"F~ourth-That the defendants are
entitled to judgment for costs"
During the morning Judge Clancy
heard the plaintiffs proofs in the suit
Of Mary Conley VS.. NJ. c.. Harris. The
suit was for 81 900 and interest. amount
ing to 81. $50. which she alleged she gave
Harris to invest in certain stocks. un-
der certain conditions. As Harris let
the case go by default. judgment was
nntnfnA for Mise rnnla.- far tha aa-