Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-12-19
DEGREES OF State Supreme
Tribunal in Appeal Cases


Helena, Dec. 18.-(By The Associ-
ated Press).-H. G. Hills OF Great
Fails is entitled to no recovery from
the Mutual Oil company, according to
the decision of the supreme court don
! day morning which affirmed the deci-
sion of the district court in Cascade
county.
Hills appealed from a verdict in the
district court in Great Falls which de-
MED his contention that the company
had injured him by failing to deliver
him 10 shares of stock in 1914. de
alleged that in 1914 he owned 80
shares and was entitled thereby to buy
10 shares of an additional issue. The
company replied that he merely wrote
saving he was ready to take the shares
when the company was ready to de-
liver them but enclosed no check nor
took no action which obligated the
company to sell him the shares. Eiilts,
who sued for $4,000, lost the verdict.
Miss Mildred Whitney cannot recover
$500 deposited for the Pertaglio Mer-
camille company, according TO the SUI
nreme court. which reversed he udg-
ment and order of the district court IN
Silver Bow county and remanded the
case with the direction that the Judg-
ment be reversed. 49,.
Misc Whitney sued in the district
court in Butte to recover $500 depos-
tied bv her with Tom Walker for the
mercantile Her contention
was that the money was bail for her
sister. a bookkeeper for the company,
who was charged with theft. Inc com
many ~contended that the $500 was TO
cover the alleged theft. The lower
court gave the $500 to Miss Kelly and
the company appealed.
Curtis Z. Lewis of Butte is entitled
to relief from his note given 10 the
Miners State Bank and Trust COM
pany of Butte, according 10 a aecisloh
of the supreme court when dehied Tue
appeal by p. ID. Lambros,
The case was up TO the supreme
court for the second time. The first
]anneal was By Lewis from a Judg-
ment of nen-suit. The upper court
reversed the Judgment and ordered the
case back for trial.
Lewis had bought o building in Butte
from Lambros in 1915. giving TO the
Miners Savings Bank and Trust com
many of Butte a note for $1,000 and )
ner cent interest, payable 5000 a month
with accrued interest. Lambros guar
anfeed the note. Lewis paid Sl.ooo
and then. finding the building was on
land belonging to a third person, sued
for relief from his note. lie was
given a verdict of $500. from winch
Lambros appealed.
Action in the district court at
Roundup in which Lottle l.. hefh' ad=
1ministratrix of the estate OF Henry Il.
Kern, sued the director general OF fall=
roads for S25, 900 damages for her nus
hand,s death and secured judgment for
s1s 600 must go back to the Mussei-
shell county court for retrial.
Kern was a member Of q train crew
caqo Milwaukee & ST. Pau railroad
cago. Milwaukee & st. a rallrpaa
between Milestone II iiarioWtoI'
when he was killed in January, l9-o'
His widow, suing for $4,000 damages
alleged that his efforts to remedy d
defective coupler were responsible top
his death. She was awarded Sls,Ute
nv the lower court at Roundup, from
which an appeal was taken by the rall-
road.
Evidence in the trial of Charles A
Smith in Missoula in when ne was
sentenced to a year and a hah " ~
years for grand larceny, was lisul'
~ftc;enf 10 authorize the verdict, ac'
cording to the supreme court "hicf
remanded the ease for a new trlat.
Information against Smith WAS fliee
in January. 1921. charging that in tbs
nrevious October he had sold cattle 81
the value of S2.5I5 which were mort
Gagged to the First National bank o.
Missoula. The jury found him guilty
Of grand larceny and he was sentence
ia = wear and a half 10 two years II
the nenitentiary. He was denied +;
motion for a new trial and Appealed.
Shit of the general fire extlngulshe'
enmnany for it's claim against tn
/, Northwestern Auto Supply company o
billing. must be retired. The su
irene court Monday morning reversed
tho decision of the district our o
y~aliowstone county denying the motor
by the Auto Supply company Tor
, new trial and remanded the action.
stalled n water sprinkler system II
stalled a water sprinkler system II
} the building of the auto supply ON
UHUy IN tfitiFa5S-1 80
k The auto supply company
: maid 1856 and made several eounte
claims and allegations to account 10
the difference. The district court II
Yellowstone county ruled Tor me ftf
~extinguisher company ana the aot'
! supply company Appealed
Suit by the First State bank 0
Thompson Falls to recover on Il not
given bv l.. G. Larsen must be retire
> 66r the district court of Sanders coun
" according 10 a decision by the su
irene court Monday morning. VINE
ordered the action remanded Tor he'
The bank appealed from a deGlsl9l
!. of the district court at Thompson faaiS
!. which directed q verdict that a note 10
500 given by larson DID nor hoI
Iagainst him, but that one for soo shoui
he paid. Larson admitted the TWO note
) hut made the defense that the pan
f had agreed to accept in payment o
= them a claim he had against the inlnpe
. firm of Good, Pritchard X Ross~
, Beatrice BENEFITS of Butte is emit
g tied TO damages from the owners o
!. the Rialto theater of that city, accord
. ing to the supreme court dec'slof
which upheld the verdict OF the dlstri'