Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-30
STOCK OF THE
bANN|STER CO.
JAMES w. FoRBIs ALLEGES HE
WAS FLIMFLAMMED ON A
DEAL.
PURCHASED A BIG
BLOCK OF THE STOCK.
Later He Learned mat Cal. Gates had a
Claim Against the Company
Hearing Now in Progress.

Four o'clock in the afterr DON is an UNI
usual time to convene session or the
district court, but occasionally it has to
be done to insure the presence of law
yers and litigants. In order to accom-
MEDIATE Attorney J. A. Walsh. Of Helena.
who arrived from the capitol OF the 3:45
train to appear as counsel in the hear
ing of a motion on injunction Judge
Clancy did not open his department yes
terday until O'Clock. The motion heard
was one to enjoin the sheriff from SELL
ing the property that once belonged to
tn. Bannister Mining company to satisfy
a judgment obtained against it in Hele-
Ma by the American National bank. The
property of the compalay is located in the
southern part OF this city.
The motion grew out of suit brought
by James W. Forbis of Butte against
the American National bank of Helena,
Calvin M. Gates and the sheriff of this
county to have the banks Judgment set
aside on the ground that it was secured
in a manner not altogether sanctioned
by law and square dealing.
In 1899 Mr.. Forbis bought from the
bank the latter's interest in the Bannis-
ter company, which consisted of 1855
shares of what was known as the stock
OF r. ID. Bannister, president of the COM
pany, paying for it $4,000, in three in
stalments. At the time of the deal he
thought he was buying the banks entire
interest in the property free from all in
cumbrance including E. D. Bannister's
expired equity of redemption In the Val
ley claim which adjoined the company's
property, but it afterwards transpired
that Calvin NJ. Gates held a clai i'm for
$!,995 against the Bannister company.
Gates brought suit to recover judgment
for the amount, employing, it is alleged.
the banks attorneys to handle his case
On the 9Th of December 1899, he secured
a Judgment by default, but Mr.. Forbis
had already paid $1,000 on the deal and
was mot aware of the existence of the
judgment. This judgment was eventual
ly assigned to the. bank to secure prom
issory note for $1,000 that had been exc
cuted by Gates in favor of the bank, and
after Mr.. Forbis had paid the entire
sex, 900 the bank attached the Bannister
company's property to satisfy the judg-
ment.
| Mr.. FOrbis acted as his own attorney
and gave his own testimony. He set
before the court the details of the deal
as stated. Before he had quite COM
pleted the story. however, an adjourn
ment until this morning was taken.
At the opening of the session this
| morning Mr.. Forbis asked for and was
| granted leave to amend his complaint.
Attorney Walsh objected to the amend
ment, but his objection was overruled.
Mr.. Forbis then continued his testi-
mony. He said that While the negotia-
! tons for the transfer of the property
were pending between the bank and
himself, Mr.. Johnston, who represented
the bank, made no mention of the Gates
matter. Asked ii he had every had any
! conversati ton with r. c. Power relative
to the property, he answered in the
negative. He said he had first gone
| to Helena about Decenyber 20, 1899. to
see Mr.. Johnston in regard to the pro-
posed purchase.
Mr. Walsh told the witness they had
not intended to sell the property to
satisfy the Judgment, and Mr.. Forbis
| retorted: If you had not been en-
| Joined you would have sold it,
How do you know" asked Mr..
Walsh.
Because you advertised it for sale
us the property worth $6O,0O0?"
IF l We're asked to apraise it's value
I would say it is
will you bond it for $100,O00:"
Il can't tell you
will you bond it for any sum-"
II can't tell YOU"
"Why?"
Because other parties must be con-
suited"
Alexander c. Johnston. cashier at the
American National bank, and also sec
rotary of the Bannister Mining com
pany, was a witness for his own side
He admitted he had not told the pur
chaser of the property anything abou
the existence Of the Gates judgment
adding that the reason he had not wa
because he had not been asked. H
admitted having been served with
, summons in the suit of Gates VS.. tn
Bannister company, and had allowe'
the suit to go by default, but denie
having done so with the intention O
jumping into the swim after Mr.. Forbi
had paid the 10000, and making hin
either pay the Gates judgment or los
ing the 100000
Mr.. Johnston had not finished his ties