Montana labor news., 1945-02-15

In the District Court OF the Second Judicial
District Of the state Of Montana, In and
for the County Of Silver Bow.
MD p. CHESLKY and ANNA CHESLEK.
Plaintiffs,
NARY BYRNE. PACIFIC FIRE INSURANCE
COMPANY. a corporation, FIREl1ENS IN
SURANCE COMPANY, a corporation, NET
AIS BANK AND TRUST COMPANY, a cor
poration, Defendants.
The State Of Montana sends greetings to
the above named defendants.
You are hereby summoned to answer the
complaint In this action. which is filed In
the office Of the Clerk Of this Court, a copy
of which Is herewith served upon you and to
file your answer and serve a copy thereof
upon the plaintiffs attorney within twenty
days after the service Of this summons, ex-
elusive Of the day Of service and in case Of
your failure to appear or answer. judgment
VIII be taken against you by default for the
relief demanded IN the complaint. sub
stantial statement Of plaintiffs cause Of ae-
ton is as follows
That on or about the goth day Of August
1872, plaintiffs entered into a written con-
tract with the defendant Mary Byrne for the
purchase Of the following described real prop
erty situated In the County Of Silver Bow
State Of Montana to-wit: Lot numbered
Thirteen (l3l in Block numbered Eight (8l Of
the Upton Addition to the City OF Butte Mon
tana for the sum Of s250000 TO be paid in
lnstallments of $4,000 per month, including
interest at the rate Of six per cent per annum,
to the Metals Bank and Trust Company, Butte.
Montana, as escrow holder and agent Of the
defendant Mary Byrne That on the 23rd day
OF November. l943 the frame dwelling house
upon the real property herein described was
partially destroyed by fire. That the same
was insured against loss by fire and that poll
cies were held in escrow. That said insurance
loss was adjusted by said defendant fire in
surance companies herein named as defend
ants, for the sum Of sl2l226 and drafts were
issued jointly in such total sum payable to
Mary Byrne and plaintiffs. That plaintiffs
delivered said drafts to the defendant Mary
Byrne requesting her 10 endorse the same and
TO deliver the same to the Metals Bank and
Trust Co, Butte, Montana, for credit upon said
escrow agreement That the defendant Mary
Byrne refused TO endorse said drafts and to
apply them as a credit upon said esrcow
contract, but as a result of a conspiracy
with the defendants fire insurance companies
herein named, the defendant Mary Byrne con-
verted the proceeds of said drafts TO her own
use and refused to apply the same TO the
credit of said escrow agreement or to allow
any credit thereon or therefor. That plaintiffs
have fully paid and discharged said contract
OF purchase and have demanded delivery Of
the deed in escrow from the defendant Metals
Bank and Trust Company as escrow holder
but that said bank has refused to deliver
the same That as result of the wltul and
unlawful acts Of the defendants Mary Byrne
and the insurance companies herein named.
plaintiffs have been damaged in the sum of
s6650 90, no part of which has been paid, and
further that defendants Mary Byrne and said
Insurance companies should be required to re-
spond in punitive damages in the amount of
s50O00 90 as an example and for costs of the
action Copy of complaint is hereto attached
for further particulars.
Witness my hand and the seal of said
Court this oath day of January. A. D. l945.
Court Seall ELMER SHEA, Clerk.
BY d. F. HOLLAND, Deputy Clerk.
JOHN K CLAYTON
409 Silver Bow Bldg,
Butte, Mont
Attorney for Plaintiffs
First publication Jan. 25-4T