Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-06-01
A. N. BORT LOSES
CASE IN iowa
Verdict in Case Involving FunGs
of M. w. A. Is Against
Society's Banker.
SUED ON A BIG BOND
Sought to Recover 100000 Deposit,
Secured by 20 Sureties in the
Sum of 100000.

For the past week a number of the
head officers and others from the head
Office of the Woodmen in this city have
been in Sioux City, Iowa, attending
the trial there in the United States
district court of theecase of A n. Bort
against E. H. McCutchen & Co. and
the 20 sureties on the bond of that
bank. Mr.. Bort, as head banker of
the Woodmen. had placed a deposit of
100000 in the bank of e. H. Nc
Cutchen & Co. in Holstein, Iowa, in
1903, in accordance with the povisiOns
of the bylaws of the Modern Wood
men. Early in the year 1904 E. II. Nc
Cutchen died, and it was discovered on
his death that his bank was insolvent
and a demand for the Woodmen de-
post was refused. Thereupon suit was
instituted Oh the bond given by the
bank and signed by 20 wealthy men in
Ida county, Iowa, the bond being for
$400, 900.
Big Bond Involved.
This litigation has been pending for
more than four years, having gone to
the United States circuit court of ap-
peals on various questions of law on
two different occasions. The trial Of
the case commenced at Sioux City
Tuesday before Judge Reed
The bondsmen in their answer set
up Is different defenses 10 the bond,
practically all of the defenses being
based upon the proposition that the
bond was signed by the sureties under
an agreement with f. H. McCutchen.
or the employees in his bank, that it
was to be signed by at least 50 bonds
men, and that it was not to be deliver
ed until all had signed it, and that the
bond was delivered in violation of this
agreement, of which it was alleged Mr..
Bort, the plaintiff, had knowledge prior
TO the making of the deposit
From the evidence offered on the
trial of the case it was made to appear
that John w. White, formerly general
g attorney of the Woodmen, who unfor-
tunately died soon after this bank fail
ed, had gone to Holstein in July, after
the bond had been sent in by Nc
Cutchen, and that he there represent
ed himself as representing Mr.. Bort
and the Woodmen, and that he then
learned that the bond had been deliv-
cred in violation of the agreement of
the bondsmen who had signed it.
Mr. Bort not only denied that Mr.
White had been authorized by him 10
make the investigation, but the evil
dence tended TO show That Mr. White
was not, and could not have been, in
Iowa during the month of July, at
which time those who testified to hay
ink talked with Mr. White with rela-
ton TO the matter, claimed that ne
was there.
Verdict Is Against Banker.
Notwithstanding this evidence, how.
ever, the jury returned a verdict
against Mr.. Bort and held in effect that
Mr.. White had been authorized by Mr.
Bort to make the investigation, and
that while making the investigation oh
tanned the information with relation
to the wrongful delivery of the bond
1t is understood Mr.. Bort will at once
seek to have the verdict set aside and
in the event of refusal, will perfect
an appeal to the United States circuit
court of appeals.
Society Not Interested.
While the NJ. w. A. as a society Is
not directly interested in the trial Il
this case, in view of the fact that Mr.