Click image to open full size in new tab
Article Text
NORTHWESTERN BANK CASE. Some of the Ways in Which Hatcher Used the Bank's Funds. Great Falls, Dec. 4.-Judge Jere Leslie handed down a long opinion, averaging 14 pages of typewritten matter, in the case of James T. Standford, receiver of the Northwestern National bank. versus Joseph A. Coram and Benton D. Hatcher. The decision is, in fact, a judgment against the defendants for $29,448.19, and in it are some hints of the manner in which Hatcher manoeuvered with the bank's funds without the general knowledge of its other officers. The suit arose from the suspension of the Globe National bank of Kalispell, which was organized in 1892 and went out of business on June 24. 1894. It seems that three days after the closing of the Globe some arrangement was made betweeen Coram and Hatcher for the liquidation of the bank's affairs. and in pursuance of that agreement the two secured the assets of the Globe, among which were notes. These they turned into the Northwestern National bank of this city as cash, guaranteeing their ultimate payment, but obtaining an understanding that the notes should be renewed from time to time upon such terms as the Northwestern should deem satisfactory. The first note is one given to the Globe by the Libbey Town & Lumber company for $9,006.02. It was renewed from time to time, according to agreement, the last time being on Dec. 2. when it amounted to $11,738.76. The defense claimed that the proceeds of a certain note, payable to the townsite company, were applied as part payment of this note, but the court holds that this money, something over $2,000. was never received by the Northwestern National bank. but that Hatcher took it as agent for the defunct Globe. A second note was given by Ouelette and Teriault to the Globe in the sum of $3,742.82. and was likewise frequently renewed until Jan. 20, 1897, when it amounted to $3,259.54. The original note had been partly secured to the Globe National bank by a chattel mortgage, out of which the Northwestern finally realized $800. The court finds that the Northwestern. in thus disposing of the property, used due dillgence and care and that the evidence does not show that the property was worth more than the sum realized. The third note one for $5,823.24. was given by John Weightman. It was renewed for the last time on March 8, 1895, in the sum of $6,522.24. In settlement of this note Weightman. in January, 1896, executed a deed of some real estate in Kalispell to B. D. Hatcher. agent, and the note was turned over to Weightman. and in its place in the Northwestern bank Hatcher substituted a note signed by himself as agent. The court finds that Hatcher had been duly authorized by the stockholders of the Globe bank to wind up its business: that it was his custom. while acting in such capacity, to sign his name as "B. D. Hatcher, Agent: that in substituting the above note in the Northwestern. he was acting as $ the agent of the Globe stockholders. t including the defendant Coram: that none of his acts in such capacity were known to the officers of the Northwestern nor approved by them: that Coram was aware of this note substitution in e February. but did not notify the Northwestern that he disapproved of the transaction or of the part which Hatcher played in it. These are the court's findings of fact t and in the conclusions of law it gives a judgment for the plaintiff on each of f the three counts. $