Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-06
The DEAL IS OFF
Alleged Delinquent Combina-
ti0n Company Stock
WILL NOT BE SOLD JUST NOW
The Court Steps In and Calls a Halt
Suit to FOreclOse a
Mortgage.
WILL NOT BE SOLD JUST NOW

The sale of alleged delinquent stock in
the Combination Mining & Milling COM
pany, which was set for 2 o'clock tomor-
row, has been postponed for an indefinite
period. The ~postponement was brought
about by Judge Lindsay, who at the re- !
quest of the plaintiffs in the action
wherein William Thompson, Henry Will
lianls, Joseph H. Harper, 0. j.. McCon-
nell and others are plaintiffs and officers
of the mining company, are defendants,
enjOined the efendant yesterday from
selling the shares. Along with the re-
straining order was another order re-
curing the board of directors and other
officers of the mpa to appear in court
and show cause why a receiver for the
property should not be appointed.
A few weeks ago the defendants were
restrained from selling the alleged de-
linquent stock on the ground that proper
legal notice had not been given that such
sale would AXE place because the COM
pany's books and records had been UNI
lawfully removed to st. Louis. The con-
templated sale vas then advertised in
the Inter Mountain and the date of sale
set for tomorrow.
A supplemental complaint in the case
was also filed yesterday. 1t alleges that
I l.. M. Rumsey, Paul A. Fusz, A. B. Ewing
and Werner Ziegler, pretending to act
as a board of trustees in Butte, made an
order vacating the original assessment
levied on the stock at the office in ST.
Louis and made another assessment and
order to the effect that unless such as
sessment was paid the stock on which it
was due would be sold in front of the
Bee Hive block in this city tomorrow.
The other allegations are about the same
as those of the first complaint. The one
of yesterday states that the officers of
the company claimed an Indebtedness of
SIS, 900 against the company when in fact
| there should have been nothing more
than $500: that while the officers were
in charge Of the books they Wrongfully
charged the company with an indebted
ness Of $14, BATS, alleged salary Of Chas.
d. Mcclure as president Of the company;
$500 as an alleged attorneys fee, n
81 ,03S. Is for the alleged salary of Paul
A. Fusz as "acting PRESIDENT There
are many other charges, such as $500 eX-
penses of Paul A. Fusz in visiting direc-
tors of the company in Montana; ST.
O1O.2S salary Of Moses Rumsey, $50 for the
services of Ewing, $7,760 for the SER
vices Of Secretary Mellor, 1,0S9.S5 for
the payment of the office boys at ST.
Louis, $685.. % for telephone service, ST.
1919 for office supplies and subscrip-
lions to $500 to Lewis S.
Mcclure, an attorney for the company;
$562.5 travelling expenses and expenses
of the Bi-Metallic company, and 81 ,056.5 5
for the further alleged expense of Fusz,
Mu.lor, Schofield and Rhodes. The total
amount of the alleged wrongful charge
against the company is $50, 433.65.
w. A. Clark & Bro, bankers, filed in
the district court yesterday a suit to
foreclOse a mortgage for $75, 900 on the
I Bennett block, which tands at the south
west corner of Park and Arizona streets.
The plaintiffs also request the appoint
ment of a receiver for the property and
the request vas honored, Judge Lindsay
naming j. H. Ferris and fixing his bonds
at Sc, 500. The judge required a $4,000
bono from the plaintiffs. In the COM
plant it is alleged that on June Is, 1893,
the defendant became indebted to the
plaintiffs in the sum of $55, 1854 and
gave a note and mortgage on the block
to secure it. The interest or the note was
paid UP to December Is of hat year, says
the complaint, but since then nothing has
been paid. The conditions of the mort
gage We're that the plaintiff should pay
all liens against the property rs they
matured, collect all rents and credits and
apply the balance on the mortgage. The
amount alleged to be due now is SIS, 000,
while the value of the property is placed
at only $50, 900. The rent, it is alleged,
amounts to $500 per month. In addition
to the $55,9 $50 for which judgment is
sought. an attorneys fee of $1,000 is also
asked for. The attorneys are Clayberg
& Corbett and H. Loundes Maury.
Silas F. King instituted preliminary
proceedings in the district court yester-
day afternoon to compel Sheriff Regain to
execute and turn over to him a deed to
the Grand opera house property. In the
document filed by Mr.. King it is alleged
that on December %, 1897, the sheriff, by
virtue of an execution issued in the suit
of John O'Rourke against the opera house
property, sold the property and King pur-
chased it, receiving a certificate~of sale
No redemption of the property was ever
made, and at the expiration of a year he,
King, applied for a sheriff's deed, but tbs
sheriff refused to execute it. Notice has
been given to the effect that on the 18th
of this month mandamus proceedings
will be commenced to compel the sheriff
to issue the deed.