Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-06-15
R. c. VALENTINO WINS
OIL STOCK LAWSUIT
JUDGE WiLLETr plsMlssEs SUIT
OF ROSS w. HUBBARD FOR
$3.50.
COURT HOLDS HUBBARD
BOUGHT WITH EYES OPEN
Charge Of Fraud Is Not Sustained by
Judge WiIlett in Ruling in Interest
ing Observation-Disclosures Attorney
Attempts to Dismiss Case After RuI-
ing Is Made by Court.

| Holding that there was no fraud
! in the sale of 66S shares Of Consum-
/ ers Oil Company stock by Robert c.
Valentine TO Ross w. Hubbard for
$3.50 in August, 1918, Judge Willett
! this forenoon dimissed Hubhards case
After the court had made his oral rul-
I ing but before the ruling had been
entered, F. E. Northup, one of Hub
1 bard's attorneys, moved che court TO
z! dismiss the case without prejudice.
Z Judge Willett overruled this motion.
/ 1t is quite probable tina. Hubbard's
attorneys will appeal the case. Judge
Willett's decision brings to an end a
case in business circles that has at
rracted much attention and created a
great deal of gossip.
/ Two Defendants Already Out.
! When the case was submitted May
| 20, Judge Willett had dismissed the
action insofar as il concerned the otner
(, defendants, E. E. Valentine and Wes-
ley Martin. OF Webster City. the form
! er the father of r. c. Valentine Tie
| courts decision this forenoon, there
| fore. involved only the action as
against the younger Valentine.
! In deciding it, Judge ":.aae:. held
/ that Hubbard bought the stock with
! his eyes open, after having access 10
/; the books for the probable purpose OF
! getting control Of the business that
+. he believed was going business that
could be made OF value.
Curess Not Established.
Judge willett disposed of the ale
CATION that r. c. Valentine, E. E. VAL
enrine and Wesley Martin mentally
oyerpowered Hubbard in the confer
ence of May by saying that II mao
not been proved.
The plaintiff has not established
that duress took place when all four
were present. E. E. Valentine denies
il. Wesley Martin denies II. h. =.
Valentine denies it," said the judge.
The fact is the conduct OF the
plaintiff all the way thru almost sue
| cessfully refutes the allegations OF ou-
ress," continued Judge Willett.
| Evidence ls in Dispute.
Now what did take place between
| r. c. Valentine and r. W. HUBBARD
! is disputed, but it is practically true
i that TIE CeIet!uSHi5 r. y. Not-.1sNAAN' 49,
! make a charge against Hubbard.
guess there is no doubt that he cio
accuse Hubbard Of trying to get MS
money out Of the concern and the evil
deace shows that Hubbard did divert
| 81. 400 OF the company's money. 1t IS
true Hubbard denies this and says the
morey was used to satisfy claims
against the company. But Il was not
| satisfactorily shown where and When
HE made these disbursements.
| BE all that as il may. Hubbard is
competent bookkeeper. He went into
| the concern with his eyes open ana
with the hope of gain. He mad oppor-
itunity 10 investigate for himself
i Bought Still Mere Of It.
! After Hubbard bought the r. {.
/ Valentine stock he bought the X r.
French stock The next day after ouy-
/ ing Valentines stock he sold $l'oeo
worth of it 10 Steiner. Ali this shows
Hubbard had confidence in the COM
pany as a going concern.
| 7 see no way TO render a Judgment
| to aid the plaintiff in his contention.
1t is not borne out by the evidence
or surrounding circumstances.
II believe Hubbard made this ven
rure TO get control Of this company
| with confidence in his ability to MAKE
i, a success. / therefore shall dismiss
! the plaintiffs petition and assess the
| costs to the plaintiff.