Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-03-18
GIVEN AGAIN LOSES
United Circuit Court of Appeals
Renders Opinion in Times.
Republican Case.
Sustains Ruling OF Lower Court
Which Decided Adversely
to Given.
-
This Ends the Controversy for
All Time..Brief History
Case.

Mr. T. Binford today deceived word
from the clerk of the federal court at
st. Louis, notifying him that Judge
Sanborn, of the United States court of
appeals, had filed decision in the suit
of Welker Given against the Times Re-
publican Printing Company, affirming
the decision of the circuit court in favor
of the printing company. This ends the
| litigation for all time.
| The legal controversy affected in no
material regard the present owners Of
the Times Republican, Mr.. S. c. Nc
Farland, former editor and chief owner,
being the interested defendant, with the
minority stockholders. In 1893 Mr.. Nc
Farland was owner of all the stock that
had been issued by the company, which
was incorporated. In February, 1893,
he sold all his stock to Given. and the
latter treated the property as his own.
He drew out money from time to time,
without reference to dividends, and
paid money in when necessity seemed
to require. Given's health failing, he
opened negotiations with Mcfarland
for the sale of the property to him, and
the latter took over the entire stock on
the 18th of May, 1896. assuming the in
debtedness listed by Given as standing
against the company.
Nearly two years after this transact
ton Given instituted suit in the United
States circuit court for the southern
district of Iowa. against the Times-Re
publican Printing Company. alleging
that on the 25th day of November, 1895,
he had loaned the company $4,000 and
that the company had executed to him
its promissory note, due in one year
also that on the 9th of December. 1899.
Given loaned the company $4,000. These
notes purported to be signed by Given
alone as president of the company. and
he also claimed 1915 due as salary to
himself In other words, Given at |
tempted to collect from the com pany on
notes which he gave himself for money
spent by him. Some of these alleged
notes Given was never able to pro-
duce.
On June 10, 1898. an auxiliary bill was
hled, with the printing company and S.
Z. Mcfarland as complanants, and |
Given as respondent, praying that 1t
might be adjudged and decreed that
there was no indebtedness due from the
Printing Company or
from S. G. Mcfarland, and that Ii he
adJudged and decreed that the respon-
dent be stopped from setting upo rclaim-
ing any liability from either OF the COM
phfnants, and that the pretended notes
mentioned in the suit at law, If they
ever existed, be declared void and of no
effect; also praying that all proceedings
IN said suit be suspended until the final
determination OF the auxiliary bill.
Trial on this bill was had before
Judge Smith Mcpherson, who rendered
a decree finding that the Times Repun-
lican Printing Company did not execute
to Given the notes referred to, and that
The company did not become indebted to
Given In the sum of $4,000 or any other I,
sum; that the money furnished by Civ
en- was a contribution to its capital; h
that the company was not indebted to
Given In any sum on account of salary:
that Given was estopped from alleging +.
Or claiming that the complainants, or
either of them, were at the time of the
sale from Given to Mcfarland indebted
to him in any sum whatever.
Given carried the case to the circuit
court of appeals. The hearing was had !.
recently at st. Paul, and the opinion .
ust rendered sustains in every part the :
'uling made by Judge Mcpherson in ia .
,or Of Mcfarland and the printing .
company.