The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-04-19
SETTLED BY
COMPROMISE
TERMINATION OF LEE Essen
BERG DAMAGE SUIT.
EXACT TERMS A SECRET
But Thought to Have Been About
$1o,ooo.-Probate Matters
Court Adjourns.
EXACT TERMS A SECRET

The damage suit of Lee Eisenberg
VS. the Donovan-McCormick company,
which had been on in the district
court for three days, came to a sud
zen termination yesterday afternoon
on the reconvening of court, when the
attorneys for the plaintiff filed a stipu-
lation for dismissal of the action as
settled, each party paying. it's own
costs. The court discharged the jur-
ors and witnesses in the case and
dismissed the action in accordance
with the stipulation. ..
The sudden ending of the case came
as a surprise to nearly every one that
was watching it's progress.
The stipulation of the settlement
was not made public, but it is said
that it was about half the amount
sued for, wnlch was $1S,250.
The case was one wherein Eisen-
berg was striving to secure damages
from the Donovan-McCormick COM
pany for forcible entry into a build
ing occupied by his business, claiming
to have been damaged by the same.
The building in question was known
as the Wardell block, and had been
occupied for a number of years by Mr..
Eisenberg as a dry goods store. He
had rented the building from Mr..
', ardell and claimed to nave had a
lease on the same. Last summer the
Donovan-McCormick company pur-
chased the building and gave Mr.. Els
enberg notice to vacate the premises
on a certain date as they wished to
repair and Occupy them with their own
business. Not complying with Their
request the company began to make
the repairs as intended.
Mr.. E%isenberg soon thereafter sold
his stock and later brought suit for
damages, claiming that the stock had
been damaged by reason of the for
chile entry being made. alleging his
goods becoming sOlled and dusty and
the furniture, of the room being also
broken, thus being unstable at any
thing like their cost. He also claimed
that his business had been greatly in
JlICU. L IOll CuS NCly UC5I1A1h6 LIN
case attracted considerable attention
from many people in this city.
Several probate matters were dis
posed of before the court adjourned
last night for the term.
George Trischman, on petition, was
appointed administrator of the estate
of Margaret Trischman, deceased
Many of The Gazette's readers will
remember the history in connection
with Mrs. Trischman's death, while
being taken to the government in
sane hospital from Mammoth Ho'
springs, Wyo., July s, 1899, she
jumped from the train into Deep creel
and has not since been seen alive. A
that time the stream was almost {
rushing torrent caused by the melting
SHOWS from the mountains and it is
thought that she met her death. Mr.
Trischn,an made affidavit to this eff
feet in his petition and also to the eft
feet that he had made diligent search
for her, but without success.
The property of the deceased is val
ued at $1,000, consisting of a mort
gage of $500 and real estate OF $1,000
) The heirs at law are the husband, Geo
; freshman, and four children. Annit
. aged Is years; Elizabeth and Henry
J aged II years; and George, aged l.
years. The bond of the petitioner wa
fixed at 50 ,4O0. w. H. Henner, G. +
Burton and /. D. O'Donnell are ap
pointed appraisers OF the estate.
. The e%xecutriX of the estate of Chas
A. Dewar was granted a pelltion t,
t sell all property.
l The report of the executor Of thu
| estate of Edward l.. Peck, deceased
t after final distribution was heard AM
l granted and executor discharged.
, The attention of the court wa
called to the condition of Mrs. Henri.
White, who has been troubled witt
acute dementia for the past few day
and it appearing that it would not b.
: safe to have her brought into tn
court for examination, the court az
! pointed an examining committee com
posed of Drs. Cliff Lindsey, J.. H
Rinehart and Geo. X. Dowell to cal
| at the White home and examine int
Y her condition. This the committe
did and reported to the court that tn
woman was insane, the court there
upon ordered that she be confine'
!; in the state insane asylum at Warn
:. Springs.
At 5 o'clock Judge Loud adjourne'
court for this term. He will leave thi
4 morning for Forsyth, where he vii
hold court for the new county of Rose
bud. commencing today.
FIRST STEP TAKEN.