The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-13
He REFUSED TO APPOINT
Judge Clancy Hears the Remick
Receivership Case.
CLAIMED A HALF INTEREST
Tangled Partnership Affair With George
Mcdonald in a Ranch and Stock
Business-Offe to Give
Bond.

Judge Clancy yesterday heard the
petition of H. W. Remick to appoint a
receiver for the ranch and stock bust
ness of George A. Mcdonald, in which
Remick claimed to own a half interest,
and the court refused to appoint re-
ceiver. According to Remicks testi-
mony he entered into an agreement
with Mcdonald on the first of last June
by which they were to engage in the
business of buying and selling stock,
Mcdonald to furnish all the money
and Remick to donate his labor. the
profits and losses to be shared equally.
The profits" were all losses and they
quit the business and entered into a
new deal for the purchase of the Ruffa
milk ranch near Silver Bow. Remick
was to take no risks, according to his
testimony. Mcdonald furnished all the
money and obligated himself for a debt
of $500. Remick was to manage
milk route, live from the profits and
daw $40 month besides. He made all
the collections until about July 90, when
the partners got into trouble about a
settlement. Remick continued making
collections until the LIST of August, and
kept them and then force was used to
get rid of him, and he brought suit for
the appointment of a receiver, for an
accounting and for a half interest in
the ranch, live stock and milk busi-
ness. RemiCk kept the records of his
branch of the business and Mcdonald
refused to consider Remicks title to
any interest in the ranch.
Where are your books now" asked
Attorney Kirk of Remick on cross-ex-
animation.
II know where there are" replied the
witness,
Where are they?"
Il am not obliged to tell"
Attorney Carroll objected to the
testimony on the ground that it was
immaterial where Remick kept his
books.
Here is a man who sues US for an
accounting and he himself has the
books secreted?" said Mr.. Kirk. I'VE
want to show who is at fault"
And we object" said Mr.. Carroll.
1--WE have been robbed and we don't
propose to be robbed any further"
Well" said the court, under these
circumstances guess the objection will
be sustained
Remick said that although McDon-
aid advanced all the money and as
sumed all the obligations in the pur-
chase of the ranch and stock 1t was
understood that he was to have half
interest at any time he paid his snare,
but ne never O1IeTeQ 10 pay lIdl ctldl {.
He said he continued to run the milk
business until about the 1st of August,
when a man named Perry, who claim
ed to represent a party who had
chattel mortgage on the milk wagons
and other personal property, showed up
at the ranch and took possession OF the
delivery wagon. Remick followed him
to town and stole the outfit back, and
in the afternoon the mortgage got it
again. The next day Remick tried to
take it again and ran up against a
six shooter" he said, and then he
cult.
Remick refused to give his milk route
to his successor, but he claimed he had
not been asked for it.
Didn't | ask you for it, and didn't
YOU refuse to give it to me?" asked
Mr.. Kirk.
Il didn't know that you wanted to
learn the milk route" replied Remick
Mcdonald, in his testimony, said
Remick had no interest in the ranch
and intimated that he had never re-
ported all his collections.
After hearing the evidence the court
concluded that it was not a proper
case in which to appoint receiver.
The defendants attorney asked to have
the temporary restraining order con-
tinued in force to prevent the plalntl1
from incumbering or diSposing of any
of the property. but Mr.. Kirk objected
as such an order would prevent Nc
Donald from selling his fat hogs, spring
! chickens and fresh" ranch eggs. The
| matter was finally settled by Mcdonald
| offering to give bond to secure any
| interest that Remick might have.