Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-13
Statement of Other Side.

The statement of the other side of the
controversy, in reply to the above, is
as follows.
Editor of Times Republican,: We
have seen the statement of Boardman
& Lawrence in regard to the decision
of Judge Bradshaw in the Woodbury.
report made of this case by your paper
published last Saturday.
I'VE do not care to enter into a con-
troversy in the press with the defend
ants attorneys, nor indulge in with
cisms or sporty language with reference
to an important law suit, but as they
attack US as we'll as your paper we
wish here to state that your report of
the opinion of Judge Bradshaw was
substantially correct in every respect.
The court orally, in giving his opin-
ion and rendering judgment, said in
substance:
That he found that prior to the time
the notes We're given. George Click was
indebted to the First National Bank in
about the sum of S,000;; that in
order to reduce his Indebtedness be-
low $4,000, the amount the bank could
legally loan to one person, he obtained
the notes in suit and other notes
amounting to a little over $4,000 and
delivered these notes to the bank.
That afterwards some of these notes
were surrendered TO the parties who
had made them and the amount in con-
troversy at the time of the suit was
about s23 100.
That he found that the case was
properly brought in equity.
That the notes We're given in pay
ment of a part of George Clicks in
debtedness to the bank
That there was a good and valid
consideration for said notes.
That the dropping of the endorse
ment by George Click did not release
the note makers.
That the surrender of the Jane Click
note and other notes did not release the
note makers.
That the notes We're valid notes in
the hands of the First National Bank
and in the hands of plaintiff as assignee
of said bank.
These We're the defenses plead by
] the defendants in their answer and the
court found against the defendants
upon all these issues. The court also
4 found against the defendants upon all
their cross petitions and counter claims
and refused to order a surrender or
cancellation of the notes in suit
THE court further found that under
a contract made between the bank and
George Click of Oct. 20. 1898, there
should have been credited upon these
notes the proceeds from the sale OF
the National Linseed Oil Company
stock, which was deposited by George
Click as part security for these notes
and other Indebtedness of George
Click to the bank.
The court further found that this
had not been done. and that he could
not determine from tho evidence wha
amount should be credited pro rata
upon these notes, and that therefore
he could not find the amount due upoE
the notes; hence. the plaintiff failed t.
recover for these reasons and not be.
cause of any defense to the notes in
terposed by the Defendants
He further found that plaintiff
asked for this accounting and that ar
accounting was proper in the case, bu
because it could not be determined
from the evidence what amount o
credit should have been applied upor
the notes he could not find for the
plaintiff upon the notes.
I'VE presume you got your inforna
ton from others who heard the opinion
of the court as we'll as attorneys fo
the plaintiff and we think, in view o
what the court said and did. you
statement of the case, to every fai
minded man, was a fair one
"Respectfully submitted,
THURMAN & EGERMAYER
CARNEY & CARNEY"