The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-14
ANACONDA NEWS.
SUIT OYER A MORTGAGE :
The Jarvis Trust Company VS..
William Roseborough Et Al.
JUDGMENT FOR PLAINTIFFS
The Court Finds That the Trust Com
I pany Compiled With the Provisions
OF the Statute Before the Exc
cution Of the Mortgage.

The findings of the court in the case
IL OF Charles Lund, S. Mitchell and E.
III Naylor against William S. Roseborough
let al. were handed down yesterday
morning by Judge Napton in the dis
8trict court. Judgment was in favor of
the plaintiffs.
The case had been argued before
~ Judge Napton on Jan. 81. The suit had
.Nbeen brought upon mortgage execut-
sked by William S. Rosehorough and wife
ITO the Jarvis ConkliE Mortgage Trust
.Scompany, corporate ton of Kansas City,
II Mo-, which loaned great deal Of
II money In this county a number Of
years ago on farm security. At the
y time, 1889, the law required all for
eign corporations to file in the clerk
and recorders office of the county when
y they did business the articles of incOr-
poration, as well as other certificates,
3 before doing or transacting any bust
ness in the county. In this case no
such papers We're filed and the ques-
q tons submitted to the court were:
Did the company transact business
Z in this county, and if so, can it re-
cover?
Following were the findings of the
court:
"First-That the Jarvis Conklin Mort
gage Trust company, to which the
mortgage herein sued upon was orig
inally given, was at the time of the
execution of the note and mortgage
herein sued on and at the time of the
assignment of said note and mortgage
to the plaintiffs in this action, a corpo-
\ ration duly incorporated and existing
under and by virture of the laws of the
state of Missouri, and having it's prin-
cipal PLACE of business at Kansas City,
in said state.
"Second-That the said Jarvis Conk-
lin Mortgage Trust company for value
X received sold, assigned, transferred and
set over the said note and mortgage
unto the plaintiffs in this action as al
legged in the complaint of the plaintiffs
as filed herein and that the plaintiffs
were at the time of the commencement
of this action and are now the lawful
owners and holders of said note and
mortgage. such sale, assignment and
transfer, was made on Jan. 8, 1890
Third That no part of the said note
and mortgage. or. of the interest cou-
pons attached to said note have been
paid, save and except that the interest
\ represented by first seven coupon in
terest notes as mentioned in said COM
plant had been paid, being interest
! down to2May /, 1893, and that the
] amount dye plaintiffs thereon is the
I sum of 1910. Iiil# -
4 "Fourth-That said note and mort
I gage were executed by the said defend
ants, William S. Roseborough and Har-
riet I. Roseborough on Nov. 25, 1885,
and were payable as in the complaint
of the plaintiffs alleged, and that the
copies of the said note and mortgage
Incorporated in and attached to said
plaintiffs complaint are true copies Of
: the original.
"Fifth-That the sum of $75 is a rea-
1 sonable counsel fee to be allowed plain
4 tiffs' counsel herein.
z "Sixth-That said note and mortgage
were executed to secure payment of
an actual loan of money of the amount
of the principal of said note.
"Seventh-That the Jarvis Conklin
Mortgage Trust company did not at
any time file in the office of the clerk
! and recorder or county recorder of the
county of Deer Lodge, state of Mon
tana, duly authenticated copy or any
copy of its charter or certificate of in
J corporation or statement verified by
I the oath of it's president and secretary
and attested by a majority of its board
of directors, showing the name of it's
Incorporation or the name of it's prin-
cipal office or place of business without
the stateRof Montana, or showing the
amount of its capital stock, actually
paid in money and showing the amount
of it's capital stock. paid in any other
way and in what. and the amount of
aathe assetskof the corporation and of
what the assets consisted, with the ac-
3atual cash value thereof and the liabil-
tiles of said corporation, and if any of
Its Indebtedness was secured, how Sc
cured and upon what property. That
said corporation did not at any time
file and has not filed in the office of
the county clerk and recorder any
Statement of any kind showing the
name of its Incorporation or the amount
aof its capital stock or the amount of it's
capital stock paid in money, or in any
other way, or the amount of its assets,
or what its assets consist, with the ac-
$tual cash value thereof. or it's liabil-
dties; that said corporation has not at
any time filed or did not at any time
Ale in the office of said county recorder
any statement for any purpose or any
statement mentioned in section 442 of
the fifth division of the compiled stat
utes of Montana, that said corporation
did not at any time file iii the office of
said county recorder a certificate under
@its seal and the signature of it's presi-
ssdent or other officers certifying that
said corporation had or has consented
to be sued in the corts of the state or
territory of Montana or that service of
process might be made upon some per-
son, citizen of the United States or
state or territory of Montana, that said
corporation did not at any time file III
the office of the county recorder any
r. such certificate of any kind or nature
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