The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-03-04
BONDERS Want
FRIENDLY SUIT

| This morning at the meeting Of the
Cass county commissioners the firm
Of Pierce, Tenneson & Cupler. repre-
senting the Northern Trust Co, filed
communication with the board, rel
alive to the payment of the money de-
faulted by Fl. A. McConville, former
treasurer of Cass county.
Some time ago the commissioners
notified the Northern Trust Co, which
furnished the McConville bonds, that
the amount defaulted should be turn
ed over TO the county. AS result of
the reply to this notification, the coun-
ty will commence at once a friendly
suit against the Northern Trust Co.
Speaking of the matter this morn
ing, Fl. G. Tenneson, the attorney for
the bonders, said
yes, I am of the opinion that a
large percentage OF the money belong
ing to the county, and which was used
to pay II. A. McConville's private bills,
can be recovered from the persons who
received the same, as the checks upon
their face clearly show they were
drawn on county funds, and some OF
them, IL appears from our investiga-
ton, are likely to have been given in
payment of obligations incurred in the
payment OF prior defalcations.
THE letter of The Northern Trust
Co, presented to the county commits
sioners this morning, states the posi-
ton Of our client in this matter and
needs no further comment"
The communication addressed to the
county commissioners is as follows:
The Honorable Board Of County Com
missioners, Fargo, Cass County, n. ID.
Gentlemen: Your communication OF
Feb. 5. 1911, to the Northern Trust Co
giving notice of the default of H. A.
McConville as county treasurer Of Cass
county, North Dakota, was duly re-
ceived.
Since receipt Of the above our at
torneys, Pierce, Tenneson & Cupler,
have made thorough investigation of
this matter, but from the nature Of the
numerous legal questions that have
necessarily presented themselves, they
have advised us that we might not be
legally protected in payment Of the
claim under present conditions.
From their report it appears that
during the term of Office Of H. A. Nc
Conville as county treasurer, all or
nearly all of his personal bills were
paid by checks given by him upon the
funds of Cass county on deposit in
banks in Fargo, designated by you as
county repositories; that the funds
were deposited in the, name of Cass
county aSOrequired by law, and from
Jan. /, 1907, until about March l, 1910,
these checks paying Mr.. McConviIle's
personal debts were nearly all signed
by M. S. Mayo, as deputy treasurer
since March 1, 1910, the checks were
all signed by H. A. McConville, as
treasurer. Our investigation further
Indicates that many of the checks
went to pay prior defalcation oof Mr..
McConville with the county, which
at the time must have been known
to other county officials.
The checks so given to pay the per-
sonal obligations Of said H. A. Nc
Conville, and given while he was
treasurer Of Cass county, were made
to various persons and corporations.
most Of whom are financially respon-
sible.
Our attorneys advise us that they
are of the opinion that the money so
paid can be recovered from these par
ties, and while we stand ready to pay
the full amount of our legal liability.
yet in order to place ourselves in po-
sition to do so. 1t is advisable to have
our legal liability determined by the
court, and we would, therefore, sug
gest that friendly suit be commenced
by you on the bonds, so that our liza
bility on the same may be determined
and we may be placed in the proper
position legally to recover from the
parties having received such county
funds.
When such suit is brought, we will
instruct our attorneys to answer in the
same without delay and stipulate that
it may be tried Immediately.
The Northern Trust Co.