The Philipsburg mail. [volume] (Philipsburg, Mont.) 1887-current, 1897-11-26
FACYS I'm YHR CASE
Statement of the Affair as Related by
Mr.. T. G. Congdon.
HISTORY OF THE ENTIRE CASE
D tails of the Origin Of the Note for
payment of Which The Mail Publish
ing Company is Sued.

That the public may know the truth
regarding the law suit which The Mail
is called upon to make answer in the
district court, tie facts, as stated by
Mr.. Congdon and us they will be shown
in court, are herewith set forth
During spring and summer of 1895 Il.
@. Congdon made arrangements with the
Merchants and Miners National Bank
whereby the bank officials agreed to
pay certain checks drawn by Mr.. Cong
don for the payment of his personal
obligations. In course OF time these
overdraft checks amounted in the ag
gregae to sum Of $1,000, and the
cashier of the bank then requested Mr..
Congdon to give them note for the
amount, whereupon Mr.. Congdon ac-
quiesced and asked the cashier what
kind of an endorsement he desired
upon the note Mr.. Eshbaugh the
! cashier, made this reply: "Sign it
The Mail Publishing Co., by yourself -
This Mr.. Congdon did, and the note
was renewed eightS Or nine times in
tle same manner, the bank each time
receiving three months interest in adj
vance on the loan, until q sum total of
about 5000 was paid them in interest.
In December, 1895, Mr.. Congdon went
into the bank with several hundred
dollars which he proposed applying to
the payment of the note, and SO in
froEed the bankers, whereupon they
informed him that they would be glad
to let the sum total of the note remain
as it was, providing he (Congdon) had
any other use for the money. With
this explanation, and Mr.. Congdon
having other demands upon him at
that time. the money was otherwise
used and the note remained. In Jan
nary, 1896, tho note was renewed and
interest paid to June /, 1885, and the
matter was not again referred to until
a few days prior to June 1, when Mr..
Eshbaugh called upon Mr.. Congdol
and informed him that they would ex
pect the note to be paid when it be
came due. Mr.. Congdon at once made
f Sithful efforts to raise the note money
and was negotiating for the loan O
same when the bank closed it's doors
a I'd then no. further action was takel
until Receiver Swiggett took charge o
the bank. Mr.. Swiggett made no ur
| I,o % |,
note until few days prior to the com
mencement Of this lawsuit, and the1
Mr.. Congdon informed the re
ceiver that he would be in position
January / next to settle the affair j
that much time were granted, but MI
Swiggett explained that he was i
duty bound to force collection as pc
instructions from the comptroller c
the currency. Thus the action wa
brought against The Mail Publishin
Go.
Now, if the bankers or anyone els
can see wherein any injustice has bee
I done in this business transaction the
! are invited to make the same known
: The bank had moneyto loan and receive
, interest upon it when Mr. Congdo
borrowed it. and he has fulfilled ever
promise made by him in that transat
tion, it being understood between th
bank and himself that he could hay
/ use Of the money indefinitely. MI
Congdon does not deny owing tn
: "busted' bank that amo,lt of money
, and it is his firm intention to settle tn
J matter regardless of this action brougf
against The Mail.