Arizona republican., 1901-03-06
COBRE GRANDE LITIGATION
Scoville's Petition in Bankruptcy.
 Other Court Business.

An5ther stsp was taken yesterday in the Cobre GIande litigation, though 1t indicates no new developments of in terest. It is simply the making good of Mr. Greenes statement that he was ready to make the second payment on the escrow stock when the other par ties in the injunction case have per formed their corllract.
 The action referred to was the filing of a supplemental complaint in the case entitled w. C. Greene vs. J. H. Costello and Axel w. Hallenoorg, the Phoenix National bank and r.. R Gage, in which case the plaintiff asked for and secured an injunction, reliev- ing the plaintiff from making second payment on certain Cobre Grande stock held by F. B. Gage in 'lhe Phoe- nix National bank for Messrs. Costello and Hallenborg. until Mr. Costello had dismissed all suits pending against the Cobre Crande company in New York. and restraining E. B. Gage and the bank from returning said stock t0 Costello. In the original complaint the plaintiff said he was ready to make the second payment wren these suits were dismissed. The supplemental com plaint. filed yesterday. states that the plaintiff Greene has deposited with the defendant trustee, F.. B. Gage. Si0, 517 the amouna of the second payment un- der the escrow agreement due to Cos tello, exec, the amount due Hallenborg. The complaint roaf- firms that as yeU the suits III New York .l.l mt been dismissed and claiming to have done his part, he prays that the injunction be m dified in this. that MT. Gage be restrained from paying to Costello any money till h.. Costello. performs his part of the contract and until he Is ordered to do so by the urt. The modification asked for was ordered and the papers served In open court and on motion of MT Chalmers for the defendant. F.. B. Gage. trustee. it was ordered that Mir. Gage proceed with the distribution of the money in his hands to all of the stockholders whom he represents, ex- cept J. H. Costello and Axel w. Hal lenborg
 Another case which will excite con siderable local interest is suit filed Monday by J. A. Kurtz asking for t,ie appointment of a receiver for the bus mess of and the distribution Of the property of the Scqville Plumbing company and an order restraining H. Percy Scoville from disposing of any property or books belonging to the company till the hearing of lehe case yesterday at 1:3O m. The complaint recites that the plaintiff has been a silent partner in the business since March. 1S9S and that according to the agreement between them Mr. Scoville was to receive SEQ weekly for managing the business and that he has in addi- ton to that largely overdrawn. to the irreparable loss of the plaintiff The order asked for was granted and yesterday Mir. Scovilla filed proceedings in bankruptcy. Mr. Scoville was not party to the first action and Mir. Kurtz was not a party to the second move.
 When the hearing on an order to show cause why a receiver should not be appointed came up yesterday the complaint was read by Mir Chalmers and the answer by MT. Ainsworth. 1t appearing to the court That bankruptcy proceedings had been filed, the case was continued till Saturday, March g.
 According to the s, hedules submit