The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-09
His Counter Claim Allowed in
the Insurance Company Suit.
IN THE DISTRICT COURT
The Boston Attorney Allowed $4,000
for Services to the Davis Estate.
Marie Maguern Applies
for a Divorce.

Y 3FAAiiAhFs was ~ - - -
Judge Lindsay's court yesterday and
resulted in a verdict for the defendant
for 500 on a counter Grain. The insur-
ance company had sued for something
over $1,000, which was claimed to be a
balance due on a note executed by
Jennings to Gertrude Miller In 1859 and
by her assigned to the company. Jen-
nings claimed that the note had been
fully paid. He testified thai in 1889 he
was the owner of a house and lot in 81.
Paul, on which he borrowed si,40o
through q person who had an office
In the Insurance company's building,
and he took out $4,000 insurance on IL.
part in the Fire and Marine company.
The building burned down and a con-
trovere arose over the payment OF the
insurance, but IL was finally adjusted
on a proposition from the company by
which Jennings was TO deed over the
lot TO the company for 500 in full set
Element of the loan and everything
else. Jennings moved to Butte, but i'm
mediately on his arrival here he made
out a deed and sent II on to st. Paul.
but the company refused TO take II up
and also neglected to answer any OF a
number OF letters JENNINGS wrote re-
garding the matter, but instead the
company brought the suit for the bal
ance due on the note. 1t developed
during a statement TO the Jury by the
company's attorney that the reason the
deed was not taken up was on account
Of a sudden big slump in st. Paul
real estate. The plaintiff introduced
several dispositions to show that the
negotiations for a settlement Were
| never concluded and mad been called
off. AT the conclusion of all the testi-
mony the plaintiffs attorney moved the
court to instruct the jury for a verdict,
but the motion was overruled n q
verdict was returned In favor OF Jen-
nings.
The case OF J. II. Bartlett against III.
l.. Frank was dismissed as settled, each
party to pay his own costs.
The setting of the causes OF A. A.
Lager Green against p. T. Peterson,
Kellogg. johnson & Co. against John
| O'Rourke were vacated the first one
on account OF the sickness of the prin-
cipal witness for the plaintiff and the
second on account OF the absence OF
the defendant, John O'Rourke, who is
in Idaho on business.
The petition OF j. H.. Leyson, admin
istrator Of the estate of Andrew j.
Davis, deceased, to pay to Grace g..
Allen of Boston, Mass, $4,000 for serV-
ices as attorney in behalf Of the estate,
after being considered by the cou was
granted.
Marie Maguern yesterday brought
a suit against her husband, w. A. Ma
guern, for a divorce on the ground Of
non-support. They were married TT
Ishpeming, Mich, in November. 1889.
She says that for more thai a year
he has provided neither food nor
clothing for herself and nv children,
but has spent his time in idleness and
dissipation. He is now in Chicago.
E.. Mattson, a gardener. called on the
county attorney yesterday and asked
for a warrant for the arrest of n
Andrew Hague. who owns some ranch
land southwest of the city, Mattson
said he had entered into a partnership
with Hague to cultivate a truck patch
on shares. but that as soon as the ranch
promised to bring forth onions and
spuds In abundance Hague wanted to
get rid of his partner, and last Wednes-
day he drove him off the ranch with
threats of great bodily violence. Matt
son said he would rather run than
fght any day, so he left the place, but
returned to his cabin in the evening 20
get his personal effects n found that
they had been removed. In company
with a friend he went to Hague's
house yesterday morning to MAKE in
quiries about the missing effects and
Hague said he had them. hattson was
afraid to demand them. go he came TO
town to see the county attorney about
il. but the latter could do nothing for
him.
In the suit OF H.. r. Bartlett against
Rod n. Leggat, an action to recover
$500 alleged to have been put up condi-
tionally for the purchase Of several In
terests in the Buffalo Hin group of
placer mines, in Idaho, an answer was
filed In court yesterday by the defend
ant. Leggat admits that BARTLETT ne
sotiated with him for the purchase OF
his two-elevenths interest in the mines
and for one-eleventh which he held for
c. H. Palmer. but denies that the $500
put up was conditioned on the sale be
ing perfected. but says u was earnest
money put up 10 bind the bargain
Bartlett offered Leggat 80 1000 for his
interest and $4,000 for Palmer's inter
est. Leggat says he was authorized by
Palmer 10 sell, and he executed a deed
and turned Il over TO Bartlett. who re.
tanned II for twenty-four hours anc
then returned It and said he was un
able TO consummate the sale. Legal
claims that Bartlett therefore forfeitec
the $500 ana had no further right Il
the money.
Dora f. Dunn. through her attorney
n. s. Thresher. yesterday commenced Z
suit for divorce against her husband, f
= w. Dunn. on the ground OF cruelty
She says In her complaint that the,
= were married in Guthrie county. Iowa
on November 4. 1856, and that for ST,
Z years they have lived In Montana. Sh,
? saws that he has repeatedly accused
. her falsely of being unchaste. whicl
has caused her great mental anguish
= and suffering. The couple have tw,
children. hut the plaintiff does not ash
0 to be awarded their care and custody
In a suit of ]. b. Culver against NJ
c. Harris. the defendants deposition
, was received from Kansas yesterday
He says that prior 10 March I. 1854. h
was In Harris employ at Sheridan
wyo.. and that subsequently they en-
: gagged I'm the livery and ice business
and I'm September. 1858. ne sold out hi
interest TO Harris. who gave HIM a not