The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-28
The First Case Arising Out Of the
Transactions Of E. F. Van
Gorder.
Money Given to Release q Chattel
Mortgage Withheld from
the Lender.
The Jury Decide that the Mortgagor Dis
CHARGED the Obligation and Can Re-
tain the Furniture.

company was described by Lawyer L. ID.
Penny in Judge Fleischer's court yesterday
as "a concern, the chief component OF
which was E. T. Van Gorder, and the main
stock in trade was gall" This description
was furnished during Mr.. Penry's arGu-
ment in the case of Mrs. Della Hooker
against Sheriff .Jefferis. growing out OF one
Van Gorder's transactions previous to the
time he is supposed to have levanted. MRS.
Hooker, who had recently moved here
from Nebraska, borrowed $500 III August
on piano and some other furniture. The
loan was made by Van Gorder and the
money was furnished by Jacob HolzberR.
Some days before the money was DUE MRS.
Hooker paid the amount to Van Gorder at
her home. He did not have the mortgage
or the note with him at the time. but prom
ised to bring them to her, and gave his per-
sonal receipt for the money. 1t appears
that Van Gorder did not pay the
money over to Holzberg and the latter
had the furniture attached under the mort
gage, Though not moved from the house
IL has technically been IN the possession OF
the sheriff ever since. For that reason the
suit was brought against that officer,
though Holzbere was the actual defendant !:
ownership. Mrs. Hooker was represented
by G. b. Nolan. and Thomas D. Penny, and
Dudley DuBose appeared for Holzberg.
The iurymen chosen to try the case were
o. j. Holiness w. j. Fuchs, +. X. Turner.
r. NJ. Calkins, George Brack and 9. A.
Blackburn.
Considerable interest conferred in the case
from the fact that it was the first one OF
Van Gorder's transactions which had come
officially before any court. The plaintiffs
case rested on the general ground that Van
Gorder was acting rs agent for Holzberg
and that he was the only person that Mrs Mrs
held that her payment of the money to him
be had the right to- collect it.
| and.that as agent his receipt was accepted
az, q discharge of the obligation: For the
defense 1t was admitted that Van Gorder
got the money, though it was held that he
was not HolzberR's agent, and that his re-
ceipt was of no value so far as the mort
gage was concerned. The claim was made
chat, Mrs. Hooker knew Holzberg in the
transaction, and that to pay Van dordei
the $500 without getting back her note and
release Of the mortgage was a bad piece
testified that when the note became due
and was not paid he had gone to Mrs
Hooker, who promised to make the amount
good. and afterwards said she had decided
not to pay 1t.
said she would like to tell her story lin hel
own simple way" She then told the jury
that she had gotten but $3.50 of the $1O(
from Van Gorder, who retained the othel
$40 as part interest and expenses. Having
the money to meet the note some days be
fore it became due, she went to Van Cor
der's office to pay it. Van Gorder was MOI
in at the time, but came to her house mex
day. She handed him the 800 and asked fol
her note and release Of mortgage. He fell
in his pockets and said he did not have thu
papers with him. He promised. however
to bring them to her later. but gave her
receipt for the money. This receipt wa
produced in court. Mrs. Hooker testified
that she was surprised afterwards when sht
found the note was not paid. She also sait
Holzberg threatened that, it she did no
settle right away. be would strip her hous
of everything. Mrs. Hooker was yer,
much agitated during her testimony. ant
declared that she only wanted justice, ant
if she could not get it she did not care tt
live in such q community.
The jury we're out only short time
They took ballot and found for the plain
tiff, awarding her the ownership of tn
furniture. Damages had also been aske
on account of her being deprived of tn
use of the piano, but the jury did not gran
them. Mrs. Hooker shook hands with tn
jurymen and thanked ther. for their yer
dict and Judge Fleischer, who had just Sc
down to supper when the jury sent for him
did not seem q bit put out ut having t
. leave smoking hot .beefsteak. The iur
stood five to one in of Mrs. Hooker.