Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1923-06-20
KNOTTY POINTS
OF LAW BEFORE
CIRCUIT COURT
Pass Book Deposit
Evidence Says Jury

Mrs. Barbara Stephens, MOntfort
by R. NJ. Orchard and A. w. Kopp,
won a suit against the commissioner
for the Montfort State bank last week.
A jury held that the commissioner
must accept as proper evidence of de-
post the bank book Of Mrs. Stephens,
showing a total deposit of $373S7.37
at the time the bank failed in June,
1922 The banks ledger showed the
deposits correctly but also listed var
i0us large Withdrawals from Mrs.
Stephens account which was whit
tied down" to around $1,000. These
sums had been taken out by Clyde K.
Stephens, the missing banker, and the
commissioner attorneys sought to
prove that Mr.. Stephens acted as the
old lady's agent.
Plaintiffs attorneys convinced the
jury that the banker had offered Mrs.
Barbara Stephens, aged 81 and no rel
alton, percent interest upon daily
balances if she would leave her large
account in the bank. The plaintiff al
so proved that sums drawn out by
Stephens had been made without the
aged woman's knowledge or authority.
Mrs. Stephens now receives credit
for $6,343 on interest bearing deposits
and will also be credited for the full
amount she carried on checking ac-
count. The total is in excess of $40,-
900. She will share pro rata with
other depositors, receiving probably
Is cents on the dollar when the whole
matter is settled up. AS the commits
sioner had previously rejected all or
her checking account claim except
| the $4,000 shown. on the bank ledger,
she benefits largely by winning the
suit. Mrs. Stephens is alone in the
world except for foster-daughter, Miss
Jennie Franklin
! A suit brought by Miss ROxie De-
Bardelaben of MOBILE, Ala, to COM
pell acknowledgment of $8,968.54,
held under similar circumstances as
| the, claim of Mrs. Stephens, was de-
cided for plaintiff without contest.
| Mrs. DeBardelaben's account, showed
! S82.42 on deposit Her account also
had largely been drawn upon by Ste
pnens She benefits to the extent of
around $4,000 assuming that she will
now receive rs percent of her full
claim along with other depositors.
A third suit brought. by Fred Bar
/ els, now in Germany, will involve a
CIdIA VI p ,VVVs LAP VIII SoA0 UP
soon.
The case of F. L. Brechler ct al VS.
John c. Napp, resulted in a verdict
for plaintiff. In 1910 BrechTer and
others mortgaged farm in Adams
county, N D., to Henderson Rafferty,,
for $4,000 The farm was later sold
to Mr.. Napp who agreed to assume
the debt Later on it was sold to sat
isfy Mr.. Halferty's claim, the sale
| bringing about $4,000. Halferty then
brought suit against Brechler for the
balance due him on the mortgage,
and received a judgment for around
$4,000. AS the next step Brechler,
sold out to satisfy Halfertys claim,
| came back on Napp and won the case.
He sued for $3;722.14. Brechler ct al
were represented by Brennan & Car
thew and Napp sought the counsel OF
! F. E. Jenswold Jenswold left Fen
nimere several weeks ago and he
| transferred the case to Geo. B. Glenn
entSon.
Campbell VS.. Udelhofen, damage
suit, was decided for plaintiff by a
jury late Tuesday. Campbell asked
| for $4,000 receiving $50 damage
! for car and $3.50 personal damage.
Vannatta VS.. Graham, tried Tues
day, resulted in a verdict for plain
tiff. Mr.. Vannatta asked for $4,000
and was awarded $50 compensatory
damages. His punitory damage was
--, according to the jury's YER
dict.
A lengthy jury case was decided
Tuesday for the plaintiff, Mrs. Jessie
Wolff of Mt. Hope. Mrs. Wolff sued
John Davis, an aged money lender of
Patch Grove, for $1,000, alleging that
he had unlawfully foreclosed a mort
gage without giving her proper and
| legal notice The amount asked for
was $3,100 Judge Smalley PROFOUND
ed fifteen questions to the jury for an
swer The court will determine the
amount of damages Mrs. Wolff is en-
! titled to-