The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-10
THEIR ANSWER is FILED
In the Suit Brought Against the
Caplice Estate.
SIX PR0MISSORY NOTES
An Indebtedness o. $50 900 Is Acknowl
edged, but the Rest Is Declared
to Be Without Con-
slderation.

suit brought against them by W. A.
Clark & Bro. to recover Judgment for
slo5,257 alleged to be due on several
notes. The defendants allege that they
are indebted to the plaintiffs only in
the sum of $4,000 and that the remain
der sued for is illegal and compound
interest inserted in the notes by the
plaintiffs without the consent of the
makers of the notes and without any
consideration whatever. The answer
alleges that on Dec. 3d. 1893, the co.
partnership designated as John Caplice
& Co. executed and delivered to the
plaintiffs six promissory notes, but it Is
denied that the notes were executed in
dividually by the defendants or by Fred
W. Caplice, the notes being given for
an actual indebtedness Of not more
than $4,000. The defendants aver that
no consideration ever passed for the
notes except the Indebtedness of $780,
900. 1t is alleged that on July 20, 1894,
John Caplice, John Brannagan and
Fred w. Caplice entered into a certain
agreement in writing with the plain
tifs, but the defendants deny that The
agreement provided in any manner
that they were indebted to the plain
tiffs in any amount with interest which
at that date had not been calculated
but they allege that all the indebted
ness from John Caplice & Co, together
with interest up to that date, was ac-
curately computed and was included in
the contract. 1t is also denied that no
payments have been made on the in
debtedness except the sum of $4,000,
but that in all $61, 365.16 has been paid
on the debt. AS a further defense the
defendants allege that on July 20, 1894,
they entered into an agreement with
fl,N ~1,t,.
ed to the plaintiffs 1000 shares of the
capital stock of the John Caplice com
pany, which was all the stock the cor
poration issued, as security for the in
debtedness, and the plaintiffs have
since then been continuously in posses
sion of the property and have been con-
Quoting the business of the company.
BY the terms of that agreement the
plaintiffs are entitled to collect and re-
ceive the profits of the business and the
rents, profits and royalties of the prop
erty Of the corporation and to apply to
the satisfaction of the Indebtedness due
from the corporation to the plaintiffs.
The defendants say they are Informed
and believe an amount has been col
lected by the plaintiffs from the busi-
ness more than sufficient to pay all the
Indebtedness. but the books of the cor
poration have been kept in the possess
sion of the plaintiffs and an account
ing will be necessary to reveal the true
condition of the business and to ascer-
tain how much the plaintiffs have re-
ceived from the business. and to ascer-
tain the amount. If any the defendants
are Still indebted to the plaintiffs. The
court Is asked to make an order that
an accounting be taken of all the trans
actions between the parties and of all
moneys received by the plaintiffs from
the business of the John Caplice COM
hot ho yrf
plaintiffs are entitled to recover no
more than the sum of $S0.000 together
with interest at the legal rate from
Dec. go 1898, and that the defendants
have Judgment against the plaintiffs
for an accounting and for any sum 1t
may be found the latter have receives
in excess of the amount due them. 1t
is also asked that as soon as it may be
found that the Indebtedness has been
paid that the plaintiffs be directed to
surrender to the defepdants the shares
of stock held by them.
The transcript on an appeal in a new
piece of litigation of Annie M. Westlake
against her husband. Edward West
lake, was filed in the district court yes
terday by Mrs. Westlake. who had
brought the action in Justice Nichols
court to GUST her husband from house
and lot in Leggat & Fosters addition
but which he says belongs to him and
that he decided it to her in trust before
she sued for her divorce. In the lower
court he pleaded that in the district
court he had been awarded half in
terest in all the property which stands
in his wifes name, but that the court
of its own motion set aside the findings
of the jury and a notice of the Defend
ants intention to move for new trial
has been given. AS the Justice court
case was considered to involve the
same questions at issue in the ltiga-
ton pending in the district court the
justice decided it in favor of the de-
PENDANT on that ground
Alexander Mackel, trustee Of Freder-
lex A. Bartlett, bankrupt, yesterday
commenced an action against the First
National bank for 81 $50 which Bartlett
paid the bank on a note two days be-
fore he filed his petition to be declared
a bankrupt The trustee alleges that
the payment was made in contemplate ton
of the bankruptcy proceedings and IN
violation of the law, which provides
that all creditors shall share pro rata,
The plaintiff in a justice court case
of Lienemann & Schmidt against Anton
Jesky filed motion to dismiss the de-
PENDANTS appeal on the ground that it
was not perfected.
The guardians of the Rice minors
Yesterday filed in court their annual
account showing that the property Of
their estate now consists of half in
terest in the Rice house property. half
interest in a note for $s1S.50 and $120.75
in cash.
The suit of E. o. Freeman against
Lena Johnson and others was dismissed
yesterday as settled.
Judge Lindsay yesterday appointed
Simon V. Kemper guardian of the per-
son and estate of Walton T. DERRICK
upon his filing bond in the sum OF
81, 800.
Nowhere else in Montana can the
beautiful fall weather be enjoyed SO
fully as at Crystal springs. AT TINS
delightful resort the visitor is charmed
h, 4 4,si,.a Ill Sllr ding ,Ine