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KNOTTY POINTS OF LAW BEFORE CIRCUIT COURT
Pass Book Deposit Evidence Says Jury
Mrs. Barbara Stephens, Montfort, by R. M. Orchard and A. W. Kopp, won a suit against the commissioner for the Montfort State bank last week. A jury held that the commissioner must accept as proper evidence of deposit the bank book of Mrs. Stephens, showing a total deposit of $37,387.37 at the time the bank failed in June, 1922. The bank's ledger showed the deposits correctly but also listed various large withdrawals from Mrs. Stephens' account which was "whittled down" to around $2,300. These sums had been taken out by Clyde K. Stephens, the missing banker, and the commissioner's attorneys sought to prove that Mr. Stephens acted as the old lady's agent.
Plaintiff's attorneys convinced the jury that the banker had offered Mrs. Barbara Stephens, aged 91 and no relation, 6 percent interest upon daily balances if she would leave her large account in the bank. The plaintiff also proved that sums drawn out by Stephens had been made without the aged woman's knowledge or authority.
Mrs. Stephens now receives credit for $6,343 on interest bearing deposits and will also be credited for the full amount she carried on checking account. The total is in excess of $40,000. She will share pro rata with other depositors, receiving probably 25 cents on the dollar when the whole matter is settled up. As the commissioner had previously rejected all of her checking account claim except the $2,300 shown on the bank ledger, she benefits largely by winning the suit. Mrs. Stephens is alone in the world except for foster-daughter, Miss Jennie Franklin.
A suit brought by Miss Roxie DeBardelaben of Mobile, Ala., to compell acknowledgement of $8,968.54, held under similar circumstances as the claim of Mrs. Stephens, was decided for plaintiff without contest. Mrs. DeBardelaben's account showed $82.42 on deposit. Her account also had largely been drawn upon by Stephens. She benefits to the extent of around $2,000 assuming that she will now receive 25 percent of her full claim along with other depositors.
A third suit brought by Fred Bareis, now in Germany, will involve a claim of $17,000. This will come up soon.
The case of F. L. Brechler et al vs John C. Napp, resulted in a verdict for plaintiff. In 1910 Brechler and others mortgaged a farm in Adams county, N. D., to Henderson Halferty, for $4,000. The farm was later sold to Mr. Napp who agreed to assume the debt. Later on it was sold to satisfy Mr. Halferty's claim, the sale bringing about $2,000. Halferty then brought suit against Brechler for the balance due him on the mortgage, and received a judgment for around $2,500. As the next step Brechler, sold out to satisfy Halferty's claim, came back on Napp and won the case. He sued for $3,722.14. Brechler et al were represented by Brennan & Carthew and Napp sought the counsel of F. E. Jenswold. Jenswold left Fennimore several weeks ago and he transferred the case to Geo. B. Clementson.
Campbell vs. Udelhofen, damage suit, was decided for plaintiff by a jury late Tuesday. Campbell asked for $10,000, receiving $50 damage for car and $250 personal damage.
Vannatta vs. Graham, tried Tuesday, resulted in a verdict for plaintiff. Mr. Vannatta asked for $10,000 and was awarded $50 compensatory damages. His punitory damage was , according to the jury's verdict.
A lengthy jury case was decided Tuesday for the plaintiff, Mrs. Jessie Wolff of Mt. Hope. Mrs. Wolff sued John Davis, an aged money lender of Patch Grove, for $3,100, alleging that he had unlawfully foreclosed a mortgage without giving her proper and legal notice. The amount asked for was $3,100. Judge Smalley propounded fifteen questions to the jury for answer. The court will determine the amount of damages Mrs. Wolff is entitled to.