Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1916-08-24
JUDGE WORDS
DECISION HERE
IN IMPORTANT CASE OF DENGLE
BROS. AGAINST THE BANK OF
FERGUS COUNTY.
THERE WAS NO FRAUD WHATEVER

The findings of fact. conclusions of
law, Judgment and decree entered by
Judge r. Lee Word Of Helena, in the
case of Dengle Brothers against the
Bank Of Fergus County and others
have been filed in the district court
here. The trial of this important
action began before Judge Word here
on February rs, John A. Coleman, X.
]. Anderson, l.. p. Donovan, of Butte,
and William Scallon, of Helena, rep
resenting the plaintiffs, and H. G. Nc
Intire of Helena and Belden & de Kalb
the defendants.
In the complaint it was alleged that
mortgages and other secureties OBJ
tanned by the bank from the defen
dant were secured through fraud, i'm
positions, Misrepresentation, duress,
etc. The bank, by way OF cross-com-
plant, set out the Indebtedness Of the
plaintiffs to it. introducing the evi-
dences of such debts and asking for
judgment.
Judge Word reviews the relations
between the plaintiffs and the bank
from 1898, very briefly, and then says:
"In 1907 the holdings of the part
nership Dengle Bros.) amounted to
about 1,5OO acres. Thereafter, from
time to time, the partnership, with
money borrowed from the defendant
Bank of Fergus County, bought addi'
tional lands until the land holdings of
the said partnership aggregated $500
acres, which is the approximate pres
ent ownership Of the plaintiff corpor'
alton called Dengle Bros.
"The proceeds from said lands and
from the sale Of personal property
| were not sufficient to meet the obli-
cations Of the partnership to said bank
on account Of money borrowed. The
debt of the partnership to the bank
grew until in March, 1913, the Dengle
brothers signed and delivered to said
bank notes. one for S62,S42.50 and one
| for $14,5S335. Thereafter, in the same
year, four other advances, represent
ed by demand notes, were made by
said bank to the partnership and in
December, 1918, the six notes above
named, being the two large notes and
the four notes representing subse-
quent advances, were computed in one
amount and new notes In renewal
thereof, three in number and equalling
said amount, were signed and deliv'
cred by Dengle Bros. individually to
the Bank OF Fergus County. and each
of said notes was indorsed by the in
dividual plaintiffs other than the
maker thereof and each of the notes
was secured by a pledge of bonds OF
Dengle Bros, corporation, and now
held by the bank.
"The court finds that said notes are
all and each of them due and unpaid
and that the total amount thereof,
with accrued interest on August -,
1916, was and is in the sum of 1884,
SS2S2: that in addition the Bank of
Fergus County in January, 1916, paid
taxes on the property amounting to
81 ,O83.82, and the court further finds
that reasonable attorneys fee in
case of suit being brought upon said
notes and in this suit, as provided
for in each case, Is the sum of $4,000
"The court finds that the defendant
Bank of Fergus County held and now
holds as additional collateral security
for the payment of said notes a Ger
tain note for 100000 and stock OF
|
No Fraud Nor Duress.
"The court further finds that the
charges of fraud, duress, imposition
and betrayal of trust. set out al
; length in the complaint, are not true
in point of fact and are utterly with
out support in the evidence.
The conclusions of law follow:
"That the defendant Bank OF Fer
gus County is entitled to iudgmen
. against the plaintiffs, other thar
= Denele Bros, corporation, for $50,
S82S2 on account of said notes ant
for the further sum of $1,OS3S2 on ac
, count of said taxes paid by the de
fendant bank and for the further sun
: of $4,000 on account of attorneys fees
! as provided for in said notes.
"That the defendants are entitled t.
} have and recover from the plaintiff
their costs herein expended.
"That upon the payment by tn
plaintiffs to the defendants within tn
time set out in the decree in thi
cause go days from August 12) Of TIL
several sums and amounts and eac
, and all thereof. with accrued interes
to the date of payment, the said plair
:, tiff shall be entitled to and shall re
- cover from the defendant Bank c
;, Fergus County any and all bond:
y mortgages. notes. stock or other co
2 ? lateral security held by said bank a
p security for the payment of said notes
q defendants exhibits /, 2 and g."
The effect of this decision by Judg
Word is so clearly stated that no fu
ither exclamation whatever is needle
to make its whole meaning plain.
nj WAGES RAISED