Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-04
Succeeds Sheriff in Charge of a
Defunct Business.
SUITS AGAINST CONCERN
Silver City Mercantile Company In
+, volved-Fraud Alleged in
Complaint.

Phll. A. Julien, the Silver Bow county
official to whom the bodies Of all persons
dying other than natural deaths are turn
ed over, has taken possession of d feed
store on East Park street, and will handle
Hour n other goods until the affairs
of the concern are Strengthened out. Baled
hay is one article he will not handle.
! The store bears No. 447 and was oper-
ated by the Silver City Mercantile COM
pany with Samuel Nixon in charge. Last
Saturday night it was turned over to L..
E. Cook. but this fact was not generally
known until Tuesday whe the Royal
Milling company, through r. l.. Clinton,
its Butte legal representative, began a
suit in the district court to replevin ST.
279. "a worth Of Jour and similar stuff it
had sold Nixon and attempted to take
possession of the store and goods.
Yesterday the Hammond Packing COM
pany of Illinois brought an attachment
suit against the goods, claiming in it's
complaint that between November % and
December 30 of 1899, it had sold Nixon
goods to the amount of 81, $50. SO and it
had not been paid. Sheriff Regain served
the attachment and took charge of the
goods. Attorney Clinton learned of the
new suit n at once revived the Royal
Milling company action, making the Sher-
if and l.. E.. Cook defendants. AS the
coroner is the only official that has juris-
dlction over the sheriff in such cases, Mr..
Julien was called upon at a late hour
last night to relieve the sheriff Of his
charge, and he now has the goods.
When an examination of the stock was
made last night only 29S sacks of flour
out of 800 remained. There was no
baled hay, but there should have been u
! bales.
In it's complaint the Royal Milling COM
pany alleges that the defendants came in
to possession of the goods fraudulently.
Wrongfully and unlaWfully as follows:
That at the time of their purchase by one
Sameul Nixon doing business as the Sill
Yer City Mercantile company and at vari.
Gus times prior thereto Nixon, for the
purpose of getting credit, represented to
the plaintiff and numerous other firms,
corporations and individuals that he was
solvent and worth several thousand dol
lars over and above his liabilities, and
that by reason of said fraudulent repre-
sensations plaintiff parted with the pos
session of the property; that Nixon was
then lnsolvent and not entitled to credit
and could not hav obtained it had he not
made the false statement of his financial
/ condition; that L. f. Cook, by a bogus
sale made by Nixon to him for the pur-
pose of hindering and delaying the cred
itors of said Nixon, fraudulently and UNI
lawfully came into possession of the
goods; that the sale was without consid-
Grafton and was consummated for the
purpose of d~efrauding plaintiff of the
goods: that Sheriff Regain %wrongfully and
unlawfully came into possession of the
property and therefore unlaWfully with
holds 1T from plaintiff to the latter,s dam
age in the sum of 500; that yesterday the
plaintiff demanded possession Of the
property, but did not get it: that the val
lie of the same is s1.279a4, for which
Judgment is asked together with $1OO for
damages.
An attorney for one of Nixon's cred
itors stated to-day that an attempt would
be made in a few days to force Nixon in
to bankruptcy whether he desired to 60
or not.