The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-12

The damage SUIT VI itiia
against the city of Butte was concluded
in Judge Lindsay's court yesterday n
the Jury brought in a verdict for the
plaintiff for 81. $50. Miss Hanrahan fell
from a sidewalk. a distance of about
seven feet. on West Broadway, in De-
cember. 1896. and sustained a severe
fracture of one of her legs, by which
she was permanently injured and Grip
pied. She had sued for s5,4O0. The jury
was out only a few mute
The Union Life Insurance company
of Omaha and l.. Loda were yesterday
made defendants i'm a suit brought IN
the district o by w. A. Waller TO
secure the surrender of a contract Tor
a s.. 900 life policy on the GROUND that
Il was obtained from him through
fraudulent and false representations.
Waller alleges in his complaint that the
expressly promised MN 'hat
the insurance policy. which was 10 De
issued on the contract. in whlcn ne
agreed to pay SITS as the first premium
would be in full force and effect from
the date of its acceptance, irrespective
of the fact that no part or the premium
for the insurance had been paid, whlle
as a matter of fact the policy user,
as submitted To plaintiff, contained an
EXPRESS provision that no liability
would attach to the company until the
first premium was fully paid. he fur-
Their alleges hat the application Tor
the insurance and the contract were
obtained from him |fraudulently. Al
the time he was solicited to make APP
nlication for insurance he was. by occu-
patton, a miner. and had been Tor a
long time and expected to continue fol-
lowing such means of livelihood, but
the application written by the defend
ants agent and the policy submitted
TO the plaintiff expressly prohibited nm
from following or engaging in the oc-
cupation of a miner. The provision IN
the application was well known to the
defendant and was not known To the
plaintiff. and IL was represented 10 MN
that everything was all right ana thaI
he could continue in his accustomed
occupation.
The complaint further alleges that
the company has never incurred any
liability under the policy and also
makes the allegation that the company
is a foreign corporation ana is uolhs
business in Montana without hrst nav
ing complied with the laws of the state
relative to filing a copy of its charter
and statement of its business with the
state auditor or county clerk, W
that II has deposited in some one or the
states or territories a sum not less than
500. 900 for the special beneht or Sc
curity of the assured in the COM
pany.
The defendant. Loda, as agent of the
Insurance company, has commenced an
action i'm a justice court against the
plaintiff on the contract referred 10,
and the action is prosecuted in the IN
terest of a foreign corporation, Sut IN
the name of l.. Loda. for the purpose OF
depriving the plaintiff of his defense
and To evade the laws of the state. The
| plaintiff asks the court to compel the
surrender of the contract for cancella-
ton and that the defendants be en-
Joined from further prosecuting the
suit in Justice Traps court.
Annie A. Cotton yesterday commenced
an action for divorce from her hus-
band. Edward Cotton. on the ground of
cruelty. In her complaint she says
tney were married at Philipsburg on
oct. 80. 1855. In enumerating the al
legged acts of cruelty, Mrs. Cotton says
that i'm October. 1892. her husband
struck her with an iron bar on the left
side and inflicted a serious and pain
full wound. In December, 1898. he
threw a stick of wood at her. striking
her on the left hip and inflicted an
other serious injury. At ms same time
he threatened 10 kill her and called her
vile names. On another occasion he
threw a basin Of water over her and
hit her with a tea cup. At another time
he threw a pound can of condensed
milk at her and threatened TO kill her.
She alleges that pm many other occa-
sions he threatened to take her life and
kept her in constant fear. At times.
too numerous to mention. he falsely
accused her of u~nchastity. The defend
ant is an engineer In the employ of the
Montana ore Purchasing company.
The couple have two children, whose
custody the mother asks for.
In the mining case of Henry Brundy
against n. N. Upton. Thadeus s.. Ham
ilton and w. @. Pfouts. the defendants
yesterday filed their answer to the COM
plant in Intervention of s. W. Shier.
They claim that Shier had no right TO
intervene i'm the action and has no right
to have any claim asserted by him tried
or determined for the reason that the
action is wholly between the plaintiff
and defendants. n the court has no
Jurisdiction to hear or determine the
claims of the intervenor 10 the premises
in controversy. The defendants allege
that ever since May. 1855. they have
been owners Of and in nossession Of the
property. known as the Bradshaw lode
claim, and that the plaintiff has 10
right To the ground under his location
Of the Mountain Chief No. ., for the
reason that he has not compiled with
the laws Of the United States and the
work necessary TO be dom to perfect a
valid location was not performed. II is
denie also that the i~ntervenor's loca-
ton, the Miners Wages, is a valid loca-
tion. but II is alleged, on the con-
trary. that his location is fraudulent
and void.