The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-11-05
JUDGE DECIDES
IN BANK SUIT
Judge Davidson Finds
That Defendants Must
Pay Fees.
REDUCES THE AMOUNT
By Decision Just Before Noon,
Circuit Judge Finds for S755
Plus Attorney Fees.

Judge Dawson in circuit court at
eleven o'clock this morning handed
down a decision in the case of Buck
master and Hammond against E. T.
O'Brien and directors of the United
States National bank of Kenosha. De-
cision was given for the plaintiffs
in the sum of $755 and attorneys fees
of $565, or total of 1890 against
both defendants; the damages asked
for by the plaintiffs had been to the
amount of SCOOPS or five per cent
of the sum of $132,125 which repre-
sented the amount of the Robinson
shares which were purchased by the
u. S. bank through negotiations COM
menced by the firm of attorneys. Mr.
O'Brien said that he was satisfied
with the judgment, as it was the sum
which he had expected to pay.
The decision ended case which
has lasted for a day and half and
which was closely followed by other
attorneys, as it was one of general
interest to the legal profession. AS
the result of the purchase of the Rob-
inson shares in the fomer Merchants
and Savings bank, the entire bank was
absorbed by the smaller banking
house.
In reaching his decision Judge
Dawson, who presided instead OF
Judge Belden, said that he included
the bank asZ co-defendant although
the defense had sought to keep Mr.
O'Brien alone as defendant in the
litigation.
A Great Work for Bank.
"Mr. O'Brien," said the judge, "did
great piece of work for his bank,
and should think that the directors
of the bank would be willing to share
their burden. I do not think that the
matter is worth arguing that the re-
lation between Mr.. O'Brien and Mr.
Buckmaster was that between client
and attorney. Mr.. O'Brien did won
derful work in consolidating these
two banks, and I think it is fair and
equitable that the bank should share
with him in the responsibility in this
case"
Attorney Thomas Kearney, repre-
senting the plaintiffs, and Attorney
R.. v. Baker spoke at length this
morning centering their arguments on
the matter of the fee to be paid. At
torney Baker said that in his judg-
ment the work involved was not worth
more than from $3.50 to $500. Judge
John C. Slater of the municipal
court, called as witness in the case,
said that in his opinion the work done
by Mr.. Buckmaster was entitled to q
fee of about $3.50. Other lawyers and
brokers had previously testified. At
torney John Kuehnl Of Kenosha,, tes-
tifying for the bank, said that a fee
of. 500 to 5000 would meet the situa-
ton; Attorney Calvin Stewart testi-
fed that from five to ten per cent was
just and fair share, bringing the fee
from between $4,000 to $4,000.
Judge Baker. declared that the sum
of $4,000 asked was absurd and that
it represented the entire years salary
of a supreme court justice. Brokers
in bad stock, who had experience in
the purchase and sale of bank stock
also testified, one from Chicago fixing
the price as 81 a share and one from
Racine as SIS share.
Judge Dawson said that the testi-
mony of the attorneys was SO fal
apart that he had to rely on the testi-
mony given by the brokers, particu-
larly as that lay within his own ex-
perience.
The decision of the court this morn
ing ended well-fought case as the
justapostition of the talents of Thorn
as Kearney to those of R. v. Baker
were interesting to all, including spec
tators who were not specially inter
ested in the issues involved.