Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-07-22
JUDGMENT FOR
LARGE AMOUNT
Plaintiffs in Great Falls Mining Suit
Are Awarded se4,44t.32 by
Judge Leslie.
GROUP OF MINES CONCERNED
Benton Mine Near Neihart Subject Of
the titisatlon-A Receiver Is
Appointed.

Great Falls, July 1S.-In the district
court yesterday, in the suit of Frank
Coombs ct al. VS.. ID. l.. S. Barker ct
al. Judge Leslie rendered judgment
against the principal defendants, re-
quiring them to pay to the plaintiffs
the sum OF s64,441.32 and to convey to
the plaintiffs. for the benefit of the
plaintiffs and others, 13 mining claims
at Neihart. known as the Benton
group, the value of which is very
large
The judgment for s64441.32 is the
largest but one ever given in the coun-
ty and is the largest in nearly IA
years.
The court also appointed Allen
Pierse. OF Neihart, receiver Of the
Benton group. to have full charge OF
the property. under the direction OF
the court. and to collect and disburse,
at the courts orders. the sum for
which judgment is rendered.
The suit was brought by Frank
Coombs. T. C. Power and other minor
ity stockholders in the Montana Gold,
Silver, Platinum and Tellurium Min
ing Co. against d. l.. s. Barker, ]. T.
Armington. T. e. Collins. Lavina A.
Collins and the estate of Edwin J.
Barker. deceased. A. c. Gormley was
attorney for plaintiffs: McIntire & Nc
Intire, OF Helena and Fletcher Mad
dox, for the Barker Brothers and Arm
ington; Downing & Stephenson. for
Mr.. and Mrs. Collins. and w. G. Down
ing. T. f. Brady and w. f. OLeary,
for the barker estate. The suit had
been pending for about two years. and
much testimony had been taken. at
various times. before the court. with
out jury.
All parties to the suit were stock
holders in the mining company NAM
ed, which. for several years, declared
large dividends. Finally, for some
reason. the company's operations be-
came unproftab e, the company be-
came involved in debt and the mining
claims were sold In March. 1898. at
sheriff's sale.
A year later. the defendants. of
Arlington were directors of the COM
pany. redeemed the property, without
notice to the other stockholders, and
proceeded to operate the mines until
March 25, 1901. receiving from the
ores sold about $4,000.
The plaintiffs alleged that the de-
PENDANTS. In redeeming the property,
acted for the company. This the de-
PENDANTS denied contending they act
ed as individuals and that they were
not responsible to the company for
the company. Much evidence that
bore on this question was taken. and
the court finds that the defendants.
who were directors. in redeeming the
property acted for the company. and
are responsible to all stockholders.
An effort was made to hold all the
defendants responsible. but the court
holds that only those who were d.
rectors are liable. and the judgment
is against only ID. l.. s. Barker, J. c.
Barker and Armington.
| IHt 10 ludt tntbt
shall pay to the plaintiffs-or rather,
the receiver-for the benefit OF all
stockholders, the sum Of $64, ,441.32,
and shall also convey to the plaintiffs,
for the benefit OF all stockholders. the
mining claims involved. After the or
ders OF the court have been obeyed,
the holdings shall be distributed by
the receiver among the stockholders,
pro rata. The defendants own ma
jority OF the stock. hence will not be
finally out the amount of the judgment,
but to comply with the order. the three
judgment debtors will be compelled
to pay the amount OF the judgment
and await the distribution for the re-
turn Of their proportion.
An appeal to the supreme court will
doubtless be taken. II the judgment
debtors desire a stay OF execution
pending the appeal. they will be re-
quired TO give bond for over $685.
600. II they should be willing to pay
the receiver TO be held pending the
appeal. the sum for which judgment
has been given. they may appeal upon
giving bond for a few thousand dol
lars, TO cover the costs of the action.
The court has not yet made any or
der concerning resumption OF opera
tions in the mines.