The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-10-16
CLARKE FORK PROPERTY IN
HANDS OF SHERIFF.
MADE DEFAULT ON NOTES
First National Bank Of This City
Suing to Recover $685.
and Interest.

AS shown by returns made yester.
day to the clerk of the district court
all THE real estate and improvements,
consisting of machinery, engines,
hoists, buildings, etc, supposed to be-
long to the Clarke Fork Coal Mining
company are under attachment lev
led by the sheriff of Carbon county
on the complaint OF the First National
bank of this city.
Theaseizure was on writ issued by
the district court of Yellowstone
county in answer to a complaint and
affidavit filed by the bank recently.
In addition to the coal mining com
pany, F. H. Davis is also named as
a defendant, who was vice president
of the now defunct concern.
Due on Note.
The complaint in the case alleges
that November 26, 1901, the Clarke
Fork Coal Mining company executed
its promissory note in favor Of the
plaintiff for $500, papable 80 days af-
ter date, with interest at the rate OF
per cent per month, together with
all costs, in case payment had ito be
made under duress. Continuing the
complaint charges that F. H. DAVIS
was the vice president. general man-
ager and principal stockholder OF the
company and that he agreed, in writ
ing, that the collections made by the
company for the next 80 days succeed
ing the advance of the money should
be paid ITO the bank i'm liquidation
of the Indebtedness represented by
the note. This, it is claimed, was
not done, but ON the contrary, it is
alleged, Davis collected the money
for his own use and benefit and rallied
to pay any of it to the bank.
Note Is Renewed.
November IA, 1902, ,he complaint
further alleges, the mote was renewed
by the company, with and by the
consent of Davis, and another note
for $685., bearing the same rate Of
interest as the first, was issued by
the defendants This note was never
paid, 1T is charged.
After the execution OF the second
note, it is alleged, Davis sold all OF
the property of the company under
"a foreclosure and bought it at an
execution sale and is now the owner
thereof. 1t is Furthermore alleged
that at the time of the execution OF
the two notes the company was insol-
vent, and known to be SO by Davis,
and that the plaintiff advanced the
money ON his personal guarantee that
lit would be repaid, and not on the
credit of the bank. Having failed
to make payment as he agreed and
the entire amount still being due,
the bank demands Judgment for $3,S35,
as principal together with interest at
ait the rate of (, l per cent per month
from November IA, 1902, together withs
attorney fees at the rate OF 10 per
cent of the note, and all. other costs.
Property Attached.
The complaint is accompanied by
an affidavit and undertaking ON at
'tachment. Issuance of the writ was
ordered and on this Sheriff Potter
of Carbon county made return yester-
day. AS certified by him he levied
on the southwest quarter OF section
IL, the northeast quauter of the
northwest quarter, and the north half
of the northeast quarter, section 1a
all in township south, range %
east, and the northwest quarter OF
the northwest quarter of section 18.
township 5 south, range % east, to-
gether with all improvements, ma
chinery, hoists, buildings, etc. The
property described in the return is
certified as standing on the records
of Carbon county in the ownership
of Defendant. Davis.