The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-05-18

In handing down his opinion in favor
of the plaintiff in the case of the North
ern Trading Co. against Anna M. Led
better, as Administrative, ct al. Judge
Chas A. Pollock or the district court
said:
Two questions present themselves in
this matter for determination. First:
Was the relation between Mr.. Malette
and the Ledbetters that of MORTGAGE
and mortgagors, and, second: What
actual notice, If any, did the plaintiff
company have?
One answer to the first question
would relieve any necessity of passing
upon the other question. In other
words, if Mr.. Malette was not mort
gage and was purchaser, then the
other question need not be answered
ION the other hand, if Mr.. Malette was
mortgage, then it becomes very i'm
portant to answer the second cues
tion.
We might just as well enter into a
discussion Of the first proposition. That
question is here, and the court can not
escape 1t If he would. There is a feat
ure of this case which is exceedingly
out of a personnel of the three parties
interested, in the solution of the first
question, but the court did not make
these facts and must take them as he
hnds them. / wish to say also, that
while theoretically the court can do
some things practically he can not do
everything which possibly theoretically
ne ought to do. Ir is to take out of O
controversy of this kind his personal
knowledge of the parties. have known
Mr.. Malette for upwards of twenty
five years. / knew Mr.. Ledbetter in his
lifetime about the same length of time.
have known Mrs. Ledbetter by repu-
tation for over twenty years, although
l never saw her, to my knowledge. until
she came into court last week TO he
examined before the court before the
trial. If there has ever been any crit
1cism upon the integrity of Mr.. Malette
during these years that I have known
h1m,ftt has never come to nv ears. and
the same / may say with reference to
Mrs. Ledbetter / have always heard
that Mrs. Ledbetter was a hard work
Ing woman, who has been trying to
keep her family together as any good
mother would. I have not heard much
of her in recent years. but did hear
a great deal about her when she was
living on the Eddy farm. have heard
good deal about Mr.. Ledbetter. Mr..
Ledbetter was man who had visions
He saw double. If so cents was in
front of him, he would think IL was
81 He was man with a large num-
Der of good traits, affable and good
hearted. That is exemplif1ed by some
OF the evidence in the record here. For
instance, it could not be a very wicked
man naturally who would do as he did
when, after he had gone through bank
ruptcy, he went and paid Gale & Sim
mons by giving them notes to pay the
obligation which had been practically
Killed by virtue of the bankruptcy pro-
ceeding. But this popularity of Mr..
Ledoetter's, of having visions and ss9-
ing double, brought him into a great
many embarrassing financial situations,
as 1t naturally would If man thought
he had 81 when he only had SO cents.
and he projected his whole business
career upon a situation similar TO what
the evidence discloses. Now, I speak of
this because as / analyze this entire |
situation, the personnel Of these actors |
In this transaction cuts quite a figure
in finally determining what the actual |
intent was.
This is not the first time thas large
transaction has grown out OF the sale
of secondhand threshing rig. / pre-
sumo it will not be the last one. Rare |
~ ever does the court convene that we
do not have some situations that have
grown out of the purchase of a sec
ond-hand threshing rig, and they are
generally developed by these men who /
see double-these men with great vis-
ions as to what they can do.
Where MaIette Got Started.
Here is where Mr.. Malette got start
ed in this deal. Once going, he found |
that he would have TO have a little |
more security than the old threshing |
rig and he begins to buy up and pay
other Indebtedness, until finally this
Indebtedness, including that TO the
Cass county bank which was trans