Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-11

The above are the principal points
of the ruling of Judge c. B. Bradshaw.
handed down in the district court this
morning, in the case of Frank Wood
bury, trustee for the estate of his faith
er, Fred J. Woodbury., who is now dead.
vs.. DR.. George Click, ct al. which was
tried about year ago. hTe decision Is
a judicial dog fall" and to all intents
and purposes the status of the case is
almost identically what it was before
it was tried.
The suit involved old notes, aggre-
eating $4,000, given by George Click,
Fred T. Click, Charles Click, C ].
Lander, and the now defunct Holland
Land Company, also Insurance pol
icies for $4,000 on the life of DR.
George Click The transactions out OF
whic hthe case grew are part of tn his
a time, years ago. when DR.. George
Click was its president.
Neither Side Wins.
Neither side won on either of tht
issues, involving the notes or the lifs
insurance. While Judge Bradshaw
holds that the notes are valid and tht
makers are liable. he declined TO fix The
amount of their liability on the notes
which robs his ruling regarding theil
/ liability of it's practical force.
u He Acknowledged his inability to ar.
rive at the amount of the liability or
the notes, decree.ng that the exac
amounts of the credits on the notes
resulting from the money obtained b.
the sale of stock of the National Lin
seed Oil Company, which was to hav
/, been applied on them, had not beel
clearly established. Judge Bradshaw
said in mis- ruling. which was mad
verbally, that the supreme court nigh
be able TO arrive at the amount of thi
liability but he confessed that he wa
! not.
J Holds Notes Accommodation Paper.
In ruling on the notes involved Judg
Bradshaw said that they were accom-
mediation paper for George Glicl
given to secure his debts, and that tn
debts were paid by the notes, but
was unable to judge from the evidenc
how much was due on them. becaus
the evidence did not show how muc
l had been credited nthe notes by tn
" sales of the collateral, the Nations
:" Linseed Oil stock, which was deposite
:, to secure them. The Clicks brougf
suit, in the form of a counter petition
;. by which it was sought to have thes
; notes returned TO their makers. TIL
cross petition Judge Bradshaw dis
missed, which leaves the notes still
Rules on insurance Policies.
Judge Bradshaw, in ruling on the ir
d surance policies, also dismissed tt
cross petition Of the Clicks by whic
they sought to have these policies RI
Il turned to the heirs OF DR.. George Clio
. Judge Bradshaw overruled this pet
. tion, because he held that the Glicl
had not established the fact that tht
. were entitled to them. He ruled, aov
. ever, that the First National Bank hs
: likewise not shown title to the insu
: ance
These policies are at present in Il
possession of the court, but it is We
likely that eventual ythey will pa
into the possession of the Click heirs
The Clicks set up plea that. b
the making of the notes, they we
therefore invalid. This plea Jud
Bradshaw overruled. All of the eos
of the main case he assessed to t
Woodbury. estate, except the cos
growing out of the Clicks counter o
titions, which were assessed to them
May Appeal or Retry.
In order that either side might a
peal to the supreme court, the exec
tons of each to the ruling were note
The decision likewise leaves the w
open for the case to be retired in t
district court.
The decision really decides none
the issues involved, and the attorne
interested did not know this morni
what course would be pursued, whet
n, er the case would be recommenc
We here, or whether one of the sic
I'D might appeal to the supreme cou
on Neither side has victory.
st Was knotty Legal Problem.
ID, 1t is generally conceded by lawy,
IL. that the case presented more hard
or gal problems than any similar acti
or which has been tried in the local CO,
in years. 1t was because Of the nat,
of the case and the knotty questio
of law it involved that Judge Bra
shaw took a year to ponder over it.
The case was brought following
reOrga nfZaffou Of the EYraf Matte