Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-12-15
Y|ICHELL Wins
A $4,000 SUIT
COURT TAKES CASE AWAY FROM
JURY ON DrIENSES
DEMuRERik.
insurance STOCK CASE
Decision OF Court Will Have ImEor-
tant Effect on Several Similar
Gases.

The suit brought by A. Il Harm rs
receiver Of the defunct Merchants ana
Planters Insurance Company against
, John O. Mitchell Of this city came TO
IN end yesterday morning whom Jude
L. NJ. Poe, sitting in the district court
Of Tulsa county sustained the dcmur.
rcr to the plaintiffs case which Nae
lnterpOsed by the defendants attlr-
neys. The case had been on Trial
since last Monday and had attracted
a great deal of attention locally On
account of the prominence of the dee
fcndant and because Of the amoult
involved the receiver claiming That
Mr.. Mitchell was indebted to the con-,
pany on a stock subscription Of l440
shares amounting with interest to
nearly s70,000,O0 Mr.. Mitchell con
tended he never subscribed for the
stock and that the entries on the
books showing his subscr cription wore
false. Judge Poe held with the de.
fendant on this point and decided that
the books Of the company were not
entitled to any weight inasmuch az
they had been shown BY the cross
examination of the plaintiffs wit
ncsses to be fictitious. Judge Poe also
held that the receiver was not entitled
to single out Mr.. Mitchell or any 9th
scriber alleged stockholders and que
them while omtting to sue other per-
sons who had admittedly been stock
holders and whose stock subscription
seemed to have been cancelled with
Out any adequate reason appearing
for the cancellation.
The defendant was represented Nv
Warren d. Abbott and by Herbert d..
Mason Of the firm Of Hurley, Mason
g. Senior, and the case was contested
vigorously both upon the point that
Mr.. Mitchell had never subscribed for
the stock and that the books We're
false in this respect and upon tho
point that the receiver should not BE-
allowed to endeavor to collect from
one alleged stockholder while nmli-
ting all efforts to determine whethcY
others were liable. 1t was upon .hrso
two grounds that the defendants do
murrer to the plaintiffs evidence was
sustained. After hearing argument ny
1 the attorneys on Friday morning and
Friday afternoon and again on sat
urday morning Judge Poe delivefe>
an opinion which seemed so thorough
" to support these contentious and
to pronounce the law in accordance
with them, that after listening to the
oplnion, the attorneys for plaintiff
asked leave to withdraw their suit
Judge Poe's handling of the tnal
throughout the week and his disposl-
tion Of the many points Of law and OF
evidence that came up elected much
praise from those who followed me
trial and his opinion was genefa'ly
regarded as a most thorough ann
sareful exposition of the principles
involved. The case was easily one Of
the most important ever tried in thlf
county and It is believed that the prin-
Z ciples sustained by Judge Poe VIII 90
much to clarity the situation with re-
gard to the receivership proceedings
In this case and also 10 fix the rules
applicable in this state as to the q
feet Of false entries in corporate books
and the rights OF receivers to enfofce
contributions from part Of the stock
holders Of the company while omit
ting to sue others who may be liable
The effect Of Judge Poe's decision
upon the other cases which have been
tried, or which are pending, in con-
nection with the recelvership is some
what uncertain as the defense raised