Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-11-12
Accounting Of Stock Transac-
tons May Not Be Asked For
in Click Case
MAY. NOT CONTEST INSURANCE
It Is Intirn ated in the Opening Of the
Case That These Two Issues May
Not Be Pressed by Woodbury's At
torney in First National Bank Case
Motion Made to Direct Verdict.

Judging from the opening statement
made by the attorney for Frank Wood
bury, in the case Of Woodbury. VS..
George Click, ct al, which was begun
before Judge Bradshaw Wednesday
afternoon. it is likely that some of the
issues, which were thought to be i'm
portant, will not be pressed in the trial
Of the case.
Mr.. Woodbury's attorney intimated
in his opening statement that 1t
would probably not be necessary to
ask for an accounting Of the transac-
tons OF the handling of the stocks by
T. j. Fletcher, which were deposited as
security by DR.. George Click. He also
intimated that probably no claim would
be made against DR.. George Clicks In
surance policies. He was not ready to
assert definitely at this time that these
issues would not be pressed.
With reference to the handling of the
securities he said that he had been
led to believe that there might have
been a misappropriation of the funds
received in the sale of these stocks. but
that later it had developed that Mr..
Fletcher had had some interest in
them.
If it develops that the issues rela-
tive to the handling Of the stock, and
the claim against the. insurance, is not
pressed, the case will rest entirely on
whether or not the notes given by the
Clicks and by Charles Lander and the
Holland Land and Lot company, con-
stituted real debts or were merely
sureties for DIR. George Clicks loans.
1t is the contention of Mr.. Wood
ibury's attorneys that these notes are
actual obligations to pay, which have
never been satisfied, while the attor-
neys for the Clicks are contending that
the notes were merely accommodation
paper representing no actual loans Sc
cured by the makers, but instead Sc
curities for loans secured from tho
bank by DR.. George Click.
In the opening statement for the de-
tense it was said that it would be
proved that these notes were always
known in the bank as the George Click
paper, and never as the notes Of the
makers; also that the principal ofathe
debt was released by the bank, which
released George Click from further
obligations, and which. in turn. re-
leased the note makers from any re-
sponsibility.
Mr.. Woodbury's attorney contended
that George Click had the right to re-
move his securities, which were the
stocks put up by him. but that the dis
posing Of these securities did not re-
lease the note makers, who still re-
manned debtors to the bank
The taking of evidence in the case
began this morning, President D. T.
Denmead, Of the First National bank,
being the first witness called. His tes-
tin1ony had to do largely with the
transfer of the notes in question to the
Woodbury. estate. at the time of the
reorganization of the bank, the present
First National bank being in no wise
involved in the litigation.
Motion Made for Verdict.
With the conclusion of Mr.. Den
mead's testimony the attorneys for Mr..
Woodbury. rested their main case. The
attorney for the Clicks began at once
to make an oral motion, asking that
Judge Bradshaw dismiss the action
against the defendants and render
verdict for them. The general ground
for this motion was that the opposing
attorneys had failed to establish
case, It is probable that the arguing
of this motion will take all Of the aft
ernoon session of the courts