The Glasgow courier., 1918-05-03
FARMERS Win
IN DAMAGE SUIT
Case of Farmers Cooperative
Company W.. Farmers Results
IN Findings for Defendants.
JuRYXYSFRiuD WAS PERPE1RA1El
Case Takes Up Better Portion Of
Week in District Court. Case Of
Christian Z Hin W. Olson
Won BY Plaintiffs.

X
in the district court here has been
taken up in the trial of the case of
The Farmers Co Cooperative store Of
through Frank D. Oveson
As receiver, vs.. W. M. Mitchell and
about 10 other farmers residing near
in Sheridan county. The
levolves around the organization Of
4 cooperative store at Bainville in
1915.
From the evidence introduced at the
trial it appears that during the year
Of 1915, one NJ. &. Walton was con-
1ucting q general store at Bainville
with F. L. Walton as manager. NJ, G..
Walton is the wife of F. L. Walton,
During the summer the store was
wing considerable financial difficult
y and during the months of July and
August that year the store was in
the hands of trustees for the bel.elit of
creditors.
About this time F. L. Walton con.
ceived the idea Of organizing a CO.
operative store and following out this
"lan he drew up q stock subscription
list and secured the signature of in
the neighborhood of 10 farmers re-
siding near Bainville to same. II ap-
wears from the evidence that he rep
resented to the farmers that the
store was on paying basis and failed
to mention to them the fact t!et the
store was at that time in the hands of
trustees. Shortly after the subscrip-
tion list was signed meeting was
held at which J. C. Dwyer, George A.
Tidland, E. L. Walton and F. L. Wal
ton were present and these four men
(all except one relative of F. L. Wal
ton,) proceeded to organize and incor-
porate the Farmers Cooperative store
of Bainville. None of the other SUBJ
scribers to the stock were notified of
the meeting and knew nothing of it
being held. Shortly after the organ
ization Of the company these fur d.
rectors entered iQto an agreement
with M: G. Walton TO purchase the
stock Of the storet-at Rainville at a
stipulated price and made contract
with her to the effect that in case they
failed to take over the stock Mt the
agreed price they were to pay her a
penalty fee of $10,00O.00. The other
stock subscribers knew nothing of
this agreement. From then on the
matter appeared to be closed rs the
store was never taken over.
The case drifted along until the
year following. During the summer
of 1916 Mrs. Walton retained Attor-
ney R. E. O'Keefe at Chinook on a
contingent fee, to collect from the
subscribers the $4,000 which the di-
rectors of the corporation had con-
tracted to pay. The case was brought
up at Malta in November, 1916, and
the plaintiff secured judgment with
out the knowledge y the stockholders.
A receiver was appointed later who
started an action in this court through
his attorneys, Utter & O'Keefe,
against the farmer subscribers to the
stock. It appears from the evidence
that the first the subscribers heard of
the affair was when they were mott
fed through the receiver to pay up
their subscription.
After hearing the evidence on both
sides the jury brought findings Wed
nesday afternoon in favor of the de.
PENDANTS stating in their findings
that the stock subscription had been
procured through fraud and the judg.
ment upon which the action was based
which had been obtained by O'Keefe
ha' been procured through collision
Ii the case of Christinson & Hill
VS.. Olson the plaintiffs were awarded
a judgment for $77.0O against the de.
fendant. This case involved the set.
lement of a locating fee due Christ
inson & Hill which Olson had refused
o paw.