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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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to maintain homes in Mandan. And these 47 could not be counted as Mandan citizens because their homes are not in the city. "In addition there are several score more men, most of the traveling salesmen, who would establish their headquarters and homes here if proper apartment houses or housing facilities were available." It is very probable, Mr. Iverson said, that some persons were overlooked in the census taking. Some persons dodged the census taker because they sought to evade assessments, it was indicated, although this type was scarce, and others may have been skipped accidentally, although every house in the city was canvassed and data secured. Some interesting information was obtained by the assessor. Of the 5,068 listed, just an even 100 are foreign Dorn who have not yet acquired U. S. citizenship. The city has 2,570 males and 2,498 females. Five negroes are residents here, three males and two females. Of the 624 citizens who were born in foreign countries, 524 have been naturalized. There are 331 males and 292 females in this class. Just 252 boys and 284 girls of the city are under 5 years of age, while there are 178 men and -126 women who are over 60 years old. There are 822 boys between 5 and 20 years old and 871 girls of the same age; 1,281 men and 1,180 women are between 20 and 60 years of age. Referring to the housing problem, Mr. Iverson learned that there are 1,125 families in the city living in 1,025 dwellings. The books on the census will not close until July 1, Mr. Iverson says, and he urges persons who think they may have been missed in the enumeration to phone him at his home or his office, 28W. FARMER DIES Joseph Soucy, aged 74, one of the most prosperous and best known farmers of this district, died at 4:30 o'clock Sunday afternoon at his home 14 miles southwest of the city. His health failed about six months ago due to his advanced age and he gradually weakened until death ended his sufferings Sunday. Mr. Soucy came to Morton county with his family in 1906, taking a homestead 14 miles south of the city. He was one of the first men to ever successfully establish a fruit orchard in the county and his diversification in farming methods netted him a comfortable living and competence. He was born August 2, 1851, in eastern Canada and as a young man moved to the western provinces and farmed. Coming to the United States for a time he was married at St. Paul in 1882 to Miss Juliana Resch and later returned to Canada. His widow and two sons and four daughters survive. He was a member of St. Joseph Catholic church of Mandan and the funeral services will be held from that church at 10 o'clock Wednesday morning with Rev. Fr. Clement Dimpfl conducting the requiem mass. Burial will be in the union cemetery. 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
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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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FEDERAL COURT TERM NEAR CLOSE The term of federal court now in session here is nearing an end today and will probably be completed late today or tomorrow. The case of the Brown Grain company vs. 11 defendants residing in the vicinity of Sykeston, which was started yesterday, was settled out of court before the taking of testimony and was dismissed. Today the court is hearing a similar case of the Brown Grain company vs. eight defendants residing near Hebron. The suit is to collect on shippers' contracts. The defendants in today's action are R. Culeman, Christ Birkmaier, Fred Birkmaier, Louis Kohne, Jacob R. Long, Jacob Krieg, Gottfried Grenz and Robert Harnisch. The case of the war finance corporation vs. Chas. Scharf, et al, has been continued over the term. In the cases of the National Surety company vs. Geo. F. Wilson, et al, and C. C. Storing. receiver, vs. E. J. Conrad, the plaintiff made proof and judgment was entered. A stipulation for judgment was filed in the case of the National Surety company vs. David Juzeler et al. The only cases on the calendar re. maining for trial are those of C. C. Storing, receiver, vs. W. H. Stutsman and vs. A. D. Taylor, which are suits to collect assessments on stock in the closed Merchants National bank of Mandan.
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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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# 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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# TAYLOR CLAIMS # BANK STOCK WAS # GIVEN CHURCH Church Denies Allegation and Case Now Being Heard in Federal Court No decision had been reached by Judge Andrew Miller in federal court today in the case of C. C. Storing, receiver of the Merchants National bank of Mandan, vs. A. D. Taylor, the John Wesley Burns Memorial Methodist church et al. One of the most peculiar cases that has been tried in the federal court here this term, the hearings have been attracting much attention. Storing is trying to determine the rightful owner of 10 one hundred dollar shares of Merchants National bank stock. A. D. Taylor, one of the pioneers of the Misouri Slope, was the original owner of the stock but alleges that he assigned the 10 shares to the Methodist church. The church denies the allegation and claims that the stock was never assigned to it. Evidence shown in court so far reveals tha Mr. Taylor gave the stock to the former president of the closed bank for assignment to the church. The alleged signature of the president appears on the stock. Under banking rules, all assignments of stock are required to be registered in the bank records. Attorneys for the church allege that such a record of assignment does not exist. Identification of ownership of the stock will result in an assessment against it. The court recessed today until 10 a. m. Monday.
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# TAYLOR HELD # NOT OWNER OF # STOCK IN BANK Federal Court Judge Rules Mandan Bank Stock Trans- feral Was Made Stock in the closed Merchants National bank of Mandan formerly owned by A. D. Taylor is not subject to assessment as result of a decision handed 'down by Judge Andrew Miller in Fargo, Tuesday. C. C. Storing, receiver for the closed Mandan bank, had brought suit against A. D. Taylor and the Charles Wesley Burns Memorial Methodist church in federal court in Bismarck a few weeks ago. Taylor alleged in court that the $1,000 stock which he had formerly owned had been transferred to the church. The church denied the allegation because no official entry of transfer had ever been inscribed on the books of the bank according to a specific law. However, the signature of the president of the closed bank was inscribed on the stock and Taylor's attorneys allege that the bank was at fault in not making official register of the transfer. Storing's counsel maintained that the transfer had been made to avoid liability but the court ruled in favor of Taylor that the transfer had been made prior to the closing of the bank and that there was no fraudulent transfer. Further disposition of the case as far as the church is concerned is not known.
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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.
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# STORING FUNERAL IS # HELD IN MINNEAPOLIS Former Mandan Bank Receiver Was Killed in Minnesota Auto Accident Funeral services for Charles C. Storing, resident of Mandan for five years who was killed in an automobile accident near Mahnomen, Minn., last Saturday afternoon, were conducted in Minneapolis yesterday afternoon. Interment also was made in Minneapolis. Mrs. Storing, who was injured in the same accident, today was showing improvement and is expected to recover. Mr. and Mrs. Storing were on their way from Minneapolis to Sherwood, N. D., when their car collided with another near the Minnesota city. They were on their way for a visit with Mr. Storing's mother and sister in the North Dakota community. Mr. Storing, who resigned last year to accept a financial position in Minneapolis, was receiver for the closed Merchants National bank, Mandan, for five years. Previously he was a National bank examiner and receiver of banks at Dickinson and Turtle Lake. Mr. and Mrs. Storing had no children.