The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-20
BUTTE NEWS.
FILES SEPARATE ANSWER
n. r. Bartlett Denies That He Is
Indebted to Emmett Callahan.
SUIT FOR FORECLOSURE
Max Mayer Seeks to Recover on q 81 800
Note--Patrtck O'Connor Also Wants
1,7OO-Alleged Breach OF Agree
ment-Court Matters.

In the litigation growing out of the
Callahan divorce case, the suit being
entitled, Monica Frey Callahan VS.. EN-
NETT Callahan, the National Bank of
the Republic of Salt Lake, D. J. Hen
messy & Co. and H. r. Bartlett, in
which Mrs. Callahan sought to prevent
the payment to her husband Of GER
tain notes held by him against the de-
fendant Bartlett, the defendant, H. r.
Bartlett, filed his separate answer to
the complaint yesterday.
The defendant denies that he is in
debted to Emmett Callahan in the sum
of $4,000 or any other sum, except as
guardian; but admits that the Bee Hive
company executed a note to Emmett
Callahan for $500 as the guardian of
Katie O'Brien, a minor, and another
note to Callahan as guardian of George
and Alfred Hale, minors. for $500. He
denies that these notes are owing EN-
NETT Callahan, except to him in his
are not yet due to Emmett Callahan as
such guardian. The defendant asks to
be discharged with costs.
Max E. Mayer commenced suit in the
district court yesterday to recover on
a promissory note from Sol Levy, Mrs.
Nellie Levy and r. H. Cooney, adj
ministrator of the estate Of Charles
Carlton. According to the complaint
the defendants Sol and Nellie Levy and
Charles Carlton, deceased, executed
promissory note in his favor for $500
on May 2S. 1896. r. H. Cooney being
Joined as defendant in this action by
reason of his being the administrator
OF Cartons estate; that the defend
ants, to secure the principal and in
terest of the note, executed a mort
gage on certain property, the mort
gage bearing even date with the note;
that the whole of the principal and the
interest from Oct. 49, 1885, remain due
and unpaid and the plaintiff there
fore asks judgment for the amount of
the note and interest at the rate of 1
per cent. per month from Oct. Is, 1898,
until paid, together with SS3.25 attor-
ney's fees, which, IT is alleged, the de-
PENDANTS agreed to pay the plaintiff in
the event suit had to be instituted to
collect on the note, and that the usual
decree of sale of the property involved
In the mortgage be made. The prop
erty mentioned in the mortgage is lots
3 and 4, in block 8, Of the Bernard ad-
dition to Butte.
Patrick OConner began suit yester-
day against James Mcdonald and Mary
Mcdonald to recover on a promissiry
note alleged to have been executed in
favor of the plaintiff on Sept. 16, 1898,
for the sum of S1,700 The plaintiff
alleges that the defendants to secure
the note and interest executed a mort
gage in his favor on the same date on
lot 7, in block 6, of the Central addi-
tion to Butte; that the whole of the
principal and the interest from Feb.
16, 1899. remains unpaid The plaintiff
asks for judgment for the full amount
of the note and interest due and for
the costs of the action and that the
usual order of sale be made.
John Floyd and A. A. Mcmillan COM
menced suit yesterday against John NJ.
Barber and Mrs. Barber, his wife, to
enforce an agreement alleged to have
been entered into by the defendants to
sell to the plaintiffs certain property.
The plaintiffs allege that on Sept. 2,
1899, the defendants entered into
written agreement to sell to the plain
tiffy lot 10, in block 2, of Demands adj
dition to Butte for the sum Of $780,
that on Sept. 6, while the option was
still pending, the plaintiffs rendered the
full amount of the option in cash, but
that the defendants refused to accept
1T and still refuse to. The plaintiffs
ask for the enforcement of the agree
ment, for $3.50 damages and costs.
The papers in the appeal case of p.
H. Burns against F. Frederickson were
filed in the office Of the clerk of the
court yesterday.
Shelby Irvine filed a petition in the
district court yesterday for letters Of
administration Of the estate of Anna
e. Irvine, who died Sept. Is. The es-
tate consists Of real and personal prop