Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-09-01
Holstein Banking Company's
Bondsmen Renew the Fight
In Woodmen Litigation
BOND wRoNGFuLLY DETAINED
Another Chapter in the Extensive Liti-
CATION Growing Out of the Failure
of the Mccutcheon Bank at Hol-
stein, Where Woodmen's Funds
Were on Deposit.
Special to Times-Republican.

Special to Times Republican.
Sioux City, Sept. Another chap
ter has been added to the extensive lit
igation in the United States court in>
volving the loss of 100000 Of the
Woodmen of the World as a deposit in
the bank of j.. II. McCutcheon Sc Co.
of Holstein, Iowa, when the sureties on
the banking firms indemnity bond of
5000, 900 sued A. N. Bort of Beloit, Wis,
head banker for the Woodmen, for
$40. 900 damages for the alleged wrong
full detention of the nSnd.
The claim is set an amendment
to the answer Ee banks bonds
men, which waH filed by e. II. Hub
bard of Hubbard Sc Burgess, in the Of
flee of J. III. Bolton, deputy clerk of the
federal court. The bondsmen for the
bank declare the bond held by Mr..
Bort to indemnify the Woodmen for the
loss of any deposit was never legally
executed and delivered to Bort by the
bondsmen, and the sureties are there
fore not in any manner bound thereby,
and that the bond is wholly invalid.
The bondsmen alleged they are the alb
solute owners of the bond and are en-
titled to it's possession. They assert that
il was obtained thru misrepresenta-
ton and fraud in that it was stated to
each Of the defendants In order to pro-
cure their signatures that certain olher
names of responsible citizens were to
be procured on the bond before 1t would
become effective, when in fact those
signatures were not procured.
1t is alleged the actual value OF the
bond is only 100000, although It's face
value is 100000. The court is asked to
give a Judgment in favor Of the bonds
men for the possession Of the bond ana
for $4,000 damage for the alleged
wrongful detention thereof.
The names of the bondsnen who are
demanding the return of the bond to
them and damages are II. G. krantA
Of Sioux City, and the following resi-
dents in Ida county: S. b. Gilmore, s.
b. Conover, NJ r. Dewell, Edward Fer
ry, C. w. Sawyer, August Fritz, ;. r..
Kerns M. NJ White. Fred Indorf, Christ
Albers. Anton Grones, Nick Won Doe
hern. N. +. Drake Willim Bach, Will
lam Waters, G. T. Walker, p. MCGUIRE,
J. G.. Kranz Henry Watke and N.
Buettner.
A. N. Bort, head banker, and the
Woodmen of the World, report their
claim for the deposit of 100000, lost
by the closing of the bank, subsequent
to the death of E. III. McCutcheon last
January, in another pleading filed IN
the United States court. This is the
equity action in which the bondslnen
for the bank sued for the cancellation
Of the bond. 1t was filed soon after
the original suit was instituted by the
Woodmen to recover for it's alleged loss
of deposit
The Woodmen and Mr.. Bort answer,
submitting a cross complaint to the
petition of the bondsmen. denying that
the bond was procured thru any mis-
representation and denying that it's de-
livery to Mr.. Bort was contrary to any
understanding or agreement with the
bondsmen.
Mr.. Bort and the Woodmen urge their
claim for judgment for 100000, with
accrued interest on the deposit, in their
cross complaint.