Article Text
JUDGEMENT MONEY NOT FORTHCOMING Supplementary proceedings were held in the district court Saturday to ascertain the whereabouts of money to satisfy a judgement obtained by Virt Lund against the Three Forks Hardware company. The judgement, amouting to $1,500, was obtained last fall and was returned unsatisfied. It seems that the money to satisfy the judgement, together with other claims, was placed in the First National Bank of Three Forks last fall. The bank recently closed its doors and the officers of the bank, as well as those of the hardware company, were called into court to tell what they knew about the final disposition of the money. It was set forth in the testimony that $10,000 in cash and notes had been placed in the bank to satisfy the Lund claim and several others. Cashier Crouch stated that so far as he knew the money was still there, but that at the present time the bank was in charge of I. D. Wright, federal examiner, pending arrangements which are being made to get its affairs into such shape to permit it to reopen its doors for business. It was brought out in the testimoney that the cash and notes had been placed in the bank for the specific purpose of paying off the Lund claim and a paper was placed in evidence that made the deposit take on the form of an escrow. It was also stated that when an effort was made to withdra some of the money it was requested that it be left there for the welfare of the bank. No action was taken by Judge Law Saturday but it is believed that the court will be asked to appoint a receiver for the funds placed in the bank to satisfy claims against the hardware company. This will bring up and eventually settle the question of whether the notes and cash are a deposit or in the form of an escrow. Mr. Lund was represented by Keister and Bath and E. A. Peterson appeared for the Three Forks people.