Merchants National Bank (Mandan, ND)

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$5,000 AWARD UPHELD

Supreme Court Affirms Injury Verdict Against Haynes Mine Firm.

Mott, N. D., Dec. 28.—The state supreme court has upheld a verdict for $5,000 awarded about a year ago by an Adams county jury in favor of Mr. Lilly, against the Haynes Coal Mine company for personal injuries. District Judge Pugh set aside the verdict, and Lilly appealed.

HOME FOR ORPHANS SOUGHT

Minot, N. D., Dec. 28.—Wanted—a home for five motherless children, two girls and three boys.

C. B. Davis, juvenile commissioner, has the children in a comfortable farm home near Minot, under his supervision and seeks foster parents for the unfortunate little folks, whose mother died at Van Hook a few days ago, following a long illness.

The three boys are aged 9, 7 and 6 respectively, and the girls are aged 3 and 9 months respectively.

BANK RECEIVER NAMED

Mandan, N. D., Dec. 28.—Charles C. Storing of Aberdeen, S. D., has been named receiver of the closed Merchants National bank of Mandan by the United States comptroller of currency. Bank employes have been temporarily retained.

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RECEIVER NAMED Charles C

Storing, who for several years has made his headquarters at Aberdeen, S. D., has been named as receiver of the closed Merchants National Bank of Mandan by U. S. Comptroller of Currency Dawes and is expected to arrive in the city today to assume charge. of the institution and to relieve Irwin P. Wright, Minneapolis, the national bank examiner under whose order the institytion was closed.

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SUE FOR FUNDS

Suit for recovery of $10,062, deposits of Morton county in the Merchants National Bank of Mandan closed several months ago was filed in district court today by States Attorney L. H. Connolly in behalf of the board of county commissioners.

The Northern Trust company of Fargo was surety of the Merchants National Bank and the suit for recovery of the money is directed against the Fargo institution. The amount $10,062 represents all of the money of all county departments on deposit in the closed bank at the time it suspended operation and the county is held fully protected.

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MANDAN NEWS

CASE GIVEN JURY

The jury was given the case of Daisy Glander, vs. L. W. Glander in district court late yesterday afternoon. The case involves the carrying out of a contract alleged to have been made before their marriage concerning the payment of money.

The jury in the case of C. C. Storing, receiver of the Merchants National Bank of Mandan vs. C. R. Robertson brought in a verdict for the plaintiff of $1731.00. The question involved the liability of Mr. Robertson on the purchase of stock in the bank and also his liability for an assessment levied by the receiver.

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THE BISMARCK TRIBUNE ceiver in cleaning up the affairs of both banks and the expense will be prorated between the two, thus cutting down administration costs, Mr. Storing said. The Merchants National Bank of Mandan was declared insolvent shortly before Christmas, 1923. One 15 per cent dividend has been paid to depositors and the receiver intimated that another substantial dividend might be forthcoming soon. The Turtle Lake bank was closed a few weeks ago.

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STORING GETS NEW JOB C

C. Storing. receiver of the Merchants National bank here under appointment of the U. S. Comptroller of the Currency, has received orders to combine his receivership of the local bank with that of the First National Bank of Turtle Lake, N. D., and has today taken over the property of the latter institution. Mandan will be the headquarters for the re-

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DECISION OF SUPREME COURT From Morton County C. C. Storing, as Receiver of the Merchants National Bank, an insolvent corporation, Mandan, North Dakota, plaintiff and respondent, vs. Mandan Special School District, defendant and appellant. Syllabus: 1. To be available as a setoff a demand must be due to and from the same parties and in the same capacity. And in an action to enforce a claim assigned to the plaintiff for the benefit of another, the defendant cannot set off a claim against the plaintiff individually. 2. In the instant action L. entered into a contract with M., whereby L. agreed to perform certain services for M., and M. agreed to pay L. $300 per month for such services. At the time of the contract L. was indebted to D. upon a certain real estate mortgage. L. assigned to B. the monies to become due to him (under the contract of employment) from M., with the express understanding that B. should disburse such monies in payment of the debt due from L. upon the mortgage to D. B. became and was indebted to M. for certain monies which M. had deposited with B. In an action by B. against M. to recover the monies due upon the assignment from L. it is held that the claim of M. against B. is not available as a setoff. From a judgment of the District Court of Morton County, Berry, J., defendant appeals. Modified and affirmed. Opinion of the Court by Christianson, Ch. J. C. F. Kelsch, Mandan, N. D., attorney for appellant. Sullivan, Hanley & Sullivan, Mandan, N. D., attorneys for respondent.

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High Court Affirms

Decisions in Cases

Against Stutsman

Decisions in two cases of C. C. Storing, receiver of the Merchants National Bank of Mandan, vs. W. H. Stutsman, have been affirmed by the supreme court.

Stutsman, who was one of three sureties on a $50,000 bonds given by the bank to the city of Mandan, contended that his liability under the bond should be an offset to obligations which he owed the bank. The court held that such a set-off could not be allowed because it would constitute a preference under the federal law.

The effect of the ruling, it was said, is to make Stutsman liable both for the bond on which he was a surety and for notes which he gave the bank.

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Judge Lembke Takes Special School Case Under Advisement After listening to testimony in the case of the Mandan special school district vs. W. H. Stutsman and H. L. Henke, Judge E. T. Lembke late yesterday afternoon took the matter under consideration and requested the attorneys for both sides to prepare briefs on the case. The school district is suing the two men for $4,000 for loss of deposits in the former Merchants National Bank. C. F. Kelsch is prosecuting the case for the school district, while L. H. Connolly and W. H. Stutsman are appearing for the defense. The case is the outcome of the closing of the Merchants National Bank three years ago, at which time the school district had a large deposit there, secured by personal bonds of Henke and Stutsman. Two dividends have already been paid by Receiver C. C. Storing but the major part of the deposit is still unpaid.

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a sum of $26,000 alleged to be due them as money advanced to the de- fendants for the purchase of grain, was expected to occupy the attention of the morning session today.

The next case on the calendar is that of C. C. Storing, receiver of the Merchants National bank of Mandan, vs. A. D. Taylor and the Charles Wesley Burns Methodist Episcopal church in which the plaintiffs are asking for the recession of a transfer of stock.

The court was to adjourn at noon today until 10 a. m. Monday.

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Federal Court Is

Reconvened Today

Reconvening today at 10 a. m. after a two-day recess, the federal court of the district of North Dakota resumed the hearing of civil cases.

In the case of C. C. Storing, receiver of the Merchants National bank of Mandan, vs. A. D. Taylor and the Charles Wesley Burns Methodist Episcopal church, Judge Andrew Miller, presiding, denied Saturday the motion for trial in present court and ordered a transfer to the equity court.

Hearing of evidence in the case of McCabe Brothers, Minneapolis, a grain commission company, vs. J. Reuter and others of Garrison, N. D.. was continued today. The plaintiffs are suing for recovery of $26,000 which sum they allege, was advanced to the defendants for the purchase of grain.

The next case to be heard will be that of Joe Paulus, Haines, N. D., suing the state of South Dakota for $50,000 damage. The defendant alleges that he was permanently disabled in a powder explosion in a South Dakota state mine.

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Church Is Held Liable

For Stock Assessment

Judgment of $1,260.67 against the Charles Wesley Burns Memorial Methodist church of Mandan was handed down by Judge Andrew Miller of the federal court in Fargo Tuesday.

The decision, which is in favor of C. C. Storing, receiver of the closed Merchants National bank of Mandan, represents a stock assessment and interest on $1,000 worth of stock originally held by A. D. Taylor.

Storing had brought suit against A. D. Taylor and the church in an endeavor to determine the owner of the stock. Judge Miller decided that the stock which Taylor had onced owned had been transferred to the church and that the church was liable to the stock assessment.

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Santa Claus Brings More Than $4,000 to Treasury at Mandan Santa Claus did not overlook Mandan. Yesterday he brought the Morton county city gifts totaling well over $4,000. it is announced by city officials. The city had a sinking fund totaling over $40,000 in the Merchants National bank, Mandan, before the doors of the institution were closed in December, 1923. Yesterday payment of a 10 per cent dividend to holders of receiver's certificates was ordered by the comptroller of currency. This brought total payment to 45 per cent. The city probably will collect its more than $4,000 sometime today, it is announced by W. H. Seitz, city auditor, and Charles D. Cooley, president of the city commission. More than that, the park board will collect almost $300 from the bank receiver. The park board, according to A. W. Furness. secretary, had a total of $2,539 in the institution when it closed.

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Santa Claus Brings More Than $4,000 to Treasury at Mandan

Santa Claus did not overlook ManYesterday he brought the Morton county gifts totaling $4,000. is announced by city The city had sinking fund totaling $40,000 in the Merchants National bank. Mandan, before doors the institution were closed in 1923. Yesterday payment of 10 cent dividend to holders of certificates was ordered by the comptroller of currency. This brought total payment to 45 per cent. The city probably will collect its more than sometime today, is by W. H. and Charles Cooley. president of the city commission. More than that. the park board will collect almost $300 from the bank receiver. The park board. according to Furness. secretary. had total in the institution when closed.