The Canon City record with which is consolidated the Canon City cannon., 1916-12-14
JUDGMENT
RENDERED
AGAINST
MORRISSEY

The jury IN the case of Mrs. Mari
anna Zontini of Brokside against T.
II. Morrissey of Florence. in which a
Judgment of the district court was
asked in the sum Of $4,000. returned
a verdict for the plaintiff at Q O'Clock
Friday night for the full amount in
controversy. Ten days were given
the attorney for the defendant in
which to file a motion for a new trial
of the cause.
This suit was taken up for hear
ing before Judge Cooper at 10
O'Clock Friday morning and the evil
denoe In the case. as well as the in
structions of the court to govern its
action In reaching an agreement, were
given to the jury for deliberation at
o'clock Friday evening.
Mrs. Zontini's contention in this
case was that in November. 1913.
she was Induced by Morrissey to sub
scribe $4,000 for the purchase of stock
In banking institution. which he
assured her was TO be organized in
Florence some time between the first
and fifteenth OF January following.
Morrissey aad a man by the name
Of John E Hesse. who was then liy.
ing in Denver. the plaintin alleged.
came TO her home in Brookside and
persuaded her TO become stockhoid-
er In the proposed bank. Principally
on account OF her acquaintance and
confidence in Morrissey. she testified.
she agreed to invest $4,000 IL. the en-
terprise. The subscription was made
with the understanding that when the
bank was started her son. Joe Zontini.
was to be given a clerical position in
the Institution
few days after MorriHsey and
Hesse visited the plaintiff at her
home in Drookside she went to Flor
ence and turned over to the defendant
$4,000 In cash and $500 interest.
bearing bonds for the purchase of the
bank stock. or the bonds placed in
the hands of Morrissey by the plain
tin $4,000 was In Canon City sewer
bonds and 81. 600 in Las Animas eoua,
Il bonds. AZ the banking proposition
had not proceeded beyond the prelimI
nary stage when Mrs. Zontini paid
over the money 10 Morrissey as sub
scription to its capital stock she ac-
cep,ed from the defendant bonds OF
like amount in the Columbia Security
company OF Denver as a temporary
security until the bank stock should
be issued The Columbia Security
bonds. which seemed TO have no
fixed value. were sent TO Morrissey
from Denver by Hesse. the chief pro-
moter OF the bank.
The defense of Morrissey in the
case was that he simply acted as an
accommodating agent in the transac-
tion and that Mrs. Zontini and Hesse
were the principals IN the proceeding
He testified that the deal was one In
which he was a gobotween and that
he was not one of the parties in
interest, He stated that the bonds OF
Ait ANlulluAaA s~tfhAAAA VI
Denver were sold by him to Mrs. Zon-
,lni for Hesse and that there was no
agreement between them in relation
to their exchange later for stock in
the contemplated bank. The matter
of the organization of the bank, he
said. was only incidentally discussed
between them.
Hesse. who is at present a resident
of Sioux City. Iowa. testified at the
trial by deposition. He made afn.
davlt that the whole transaction be-
tween Morrissey and Mrs. Zontini
was carried out in his name and that
Morrissey had nothing whatever to
do with II as a principal and that his
services in efIccting the sale of the
bonds was that of a mutual. but dis
interested friend.
II was established at the trial by
the PLAINTIFFS attorney, that Hesse Is