Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-27
IN CHARGE Of
/ THREE STORES
Deputy Marshal MeikeljOhn
SeiZeS NixOn'S Business.
CREDITORS ARE MANY
About $4,000 Worth of Goods to
Offset $4,000 Of
Liabilities.

sam NiXOn'S troubles are evidently just
beginning. a night Deputy United
States Marshal Meiklejohn took possess
sion of three stores of the Silver City
Mercantile company-one in Butte, n
in South Butte and one in Centerville.
This action was taken upon the COM
plant Of a number Of creditors of the
Silver City Mercantile company, of which
it is alleged Sam Nixon is the head. The
other members of he company are said
and James F. Lott.
The complaint in the case was filed in
Helena several days ago. The plaintiffs
in the action are Young Bros. of Seattle,
with a claim Of 81, 200; New York Mack
intosh Clothing company, $414.63; Her.
Ia Bros. Of Lincoln, Neb., Sill; Royal
Milling company Of Great Falls, $500:
Continental Oil company. Iowa, $182. 80;
Liveright. Greenwood & Co, $1,735; A. L..
Werner company of New York, 1927, and
Corbett & McCleary of Portland. Ore,
$162.
The complaint sets forth that the de-
PENDANTS were insolvent within our
months preceding the petition. n that
they had attempted to sell their place of
business at No. 427 East Park street to
- L. \OOAs ~ was dlSO LAG ecu t11dt
the Nixons had attempted to conceal,
transfer and remove q portion of their
property from their Centerville store for
the purpose of defrauding their creditors.
On January 2 of this year it is alleged
that the defendants executed to the DAILY,
Donahoe & Meyer bank a chattel mort
gage for $4,000 on their South Butte store,
and on January 4 the said bank took pos
session Of about Sc, 900 worth of assets Of
the cO-partnership with the consent Of
l.. w. Nixon. and thus obtained a PREFER
ence as creditor within four months Of
the filing of the petition.
1t is also charged hat James F. Lott
of the Centerville store has attempted to
dispose of h partnership effects and
has refused to apply the proceeds in sat
isfaction of the firms Indebtedness. S.
NJ. Nixon, it is alleged, has been abstract
ing and taking from the cash receipts
various amounts of money and articles
of silverware. concealing the same at his
place of residence; that he has collected
debts due the firm and not accounted for
them. and has assigned other debts. The
petitioners also believe that the sale of
the East Park street store to L. T.. Cook
was false and fraudulent, n that no
consideration actually passed therefor;
and that if any funds passed between
them they were furnished to L. f. Cook
by the c~O-partnership, who Immediately
returned the same to the co-partnershiD.
The petition concludes by asking that
the Silver City Mercantile company be
a%djudged bankrupt.
Immediately upon receipt of the papers
last night Deputy United States Marshal
Meiklejohn visited the South Butte store
and placed G. H. Spencer in charge. l..
w. Nixon, who was in charge when Mr..
Meiklejohn arrived, attempted to tele-
phone the other stores. but MI. Meikle>
john stopped him. A hurried visit was
then made by the officer to the East Park
store, where they found Sam NJ. Nixon.
Mr.. Nixon claimed to have nothing to
do with the place, but attempted to carry
o fan account book. The marshal seized
the book and then placed Robert Stew
art in charge.
When the Centerville store was reached
he store was locked UP, but James F.
Lott, who alleges he purchased it re-
Gently, was found, and Sol Levy was
placed in charge Of the contents of the
building.
1t is said hat the firm has a total in
debtedness Of about $40, 900. The United
States marshal now has in his possession
about SIS, 900 worth of merchandise. The
present action is the elimination of the
recent failure of S. M. Nixon, who, it is
charged, by Misrepresentation secured
about $40, 900 worth of goods.