The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-05-08

whatsoever at any time by said bank
or by said party of the first part, or
any successor of said party of the
hrst part, or any receiver of said
bank. for the recovery of any sum
from said party Of the second part as
La stakeholder or any officer of said
State Bank of Commerce of WallatB
Idaho on account of any loss or lossN
ialleged to. have been occasioned to or
suffered by reason Of any negligence
or mismanagement of said bank by
any director or directors thereof. and
not to sue the said party of the sec
/ ond part In any manner whatsoever
for the alleged losses.
3. It Is expressly understood and
agreed between the party of the first
part and the party of the second part
that this agreement shall not. nor
shall any Of the provisions thereof be
considered or construed to be a re-
lease or discharge Of any cause or
causes of action which the said party
of the first part as such receiver may
] now nave OF WHlCil Hli6HL VI may
hereafter accrue to said party of the
| first part as such receiver, or any sue
] cessors, or other receivers of sale.
bank, against the party of the secoG
part, or against any Of the directors .
| of said State Bank Of Commerce, Ell
/ ther individually or collectively. for
the recovery of any alleged losses
which were or might have been suf-
| fered by the said bank, it's creditors
or stockholders by reason Of neglect
ed management or the mismanagement
of said bank by the said directors or
any of them, but this agreement may
he pleaded by the party of the second
part as bar to any suit or action or
claim of any nature which may be
brought against him on account
expressly understood and agreed by
the parties hereto that the said re-
ceiver has heretofore. under an order
of the above entitled court. entered
into q covenant not to sue Stanly A.
Easton, August Paulsen, and the es-
tate, heirs and personal representa-
tives of Thomas l.. Greenough, de-
ceased, and that this agreement shall
not be construed to preserve or to as
sign or transfer in any mannar what
soever to the party Of the second part
any cause of action which NAV have
existed or which may now exist in
favor of the party of the first part,
his successors or assigns, against
Stanly A. Easton, August Pausen, or
the estate, heirs and personal repre-
deceased, growing out of their con-
nection with the said State Bank of
Commerce, either as stakeholder, di-
rector or officer thereof
4. 1t is further expressly under
stood and agreed between the party of
the first part and the party Of the
second part that the party of the sec
md part has at all times denied and
still denies that he was ever a direc-
tor of said State Bank of Commerce.
he said party of the second part aver
ing that, having been elected di-
'ector OF said bank, and requested to
iualify as such by taking the oath of
'fhce, tore up the oath of Office
md refused to take the same or
o qualify as a director; and that by
he execution of this instrument said
'arty of the second part is not admit
ing that he was such director. or adj
hitting anything further than his will
ngness to make these payments herein
tipulated for and mainly as a gratu-
~, but while SO doing, desires
$50 thereby to avoid litigation
nd acts upon no other consid-
rations than benevolence and
ne avoidance of such litigation; and
Is further agreed that this covenant
OF to sue shall not extend to or inure
the benefit of any other director or
irectors Of said State Bank of Com
lerce of Wallace. Idaho, or apv other
thereof.
The party of the first part agrees for
lmself and his SUCCESSORS as such re-
ever That after the confirmation Of
len sales and distribution of the pro-
'eds thereof. the receivers further
improvisation shall be limited to COM
'nsation for necessary time required
lily In actual receipt and disburse
ent of funds under this agreement
ld actual expenses for so doing.
LII Witness Whereof, The parties
'reto have hercunto set their hands
e day and year in this instrument
st above written. in triplicate.
AS receiver of the State Ranl. re