The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1929-08-09
National Surety Company
Pays Sheridan County
CONTINUED from page One,

were the largest ever received by
Sheridan county. They were depos-
tied in local banks for collection
and the funds distributed among
the several banks of the county for
deposit.
The interest on the Judgment
secured by the county at Great
Falls last October, at the rate of
so, amounted to $26 per day. The
interest and Sheridan county's
costs of this case set the National
Surety Company back about $685.
600 besides its attorneys fees and
court costs and the loss of business
In the state as a result of its refus-
al to pay the claim except at the
end of protracted and intricate lit
igation, which amounted to perhaps
another 100000.
Had the Nationa lSurety Compa-
ny settled with the county instead
of taking the matter to the courts
it could probably have bonded the
stolen bonds and had new ones is
sued and paid the county the actu-
al cash loss. AS it is it had to pay
the entire loss, interest and costs.
The reason the company did not
settle was because it listened to the
inspired advice of local men actu-
ated by political malice and hatred
who used the unfortunate affair of
the robbery against the farmers
administration of Sheridan county.
These men told the company
that the robbery was the result of
collision and that the officers or
the county would never bring the
case to trial. 1t is reported that
when the company was about to
settle these men wired the head Of
flee protesting the payment and
assured the high officers of the
company that the robbery Eas an
inside job and that they could pro-
duce the evidence" AS a result
the company did not pay, and went
to trial in the federal court, where
these men were unable to produce
an iota of evidence to substantiate
their claims, and the jury awarded
a verdict to the county for the en-
tire sum of the claim.
The case was then appealed to
the United States circuit court of
appeals where it was argued again
and where the Judgment secured
by the county treasurer, Eng Tor
stenson and Sheridan county was
affirmed in every point in contro-
versy. The trials of the case were
absolute and complete answers to
the charges and indications of the
Sheridan county officials.
DOnOvan's Letter
In reference to the closing of the
case, County Clerk and Recorder
Niels Madsen wrote to Attorney
Donovan on the 23rd of July and
received the following reply which
further explains the case:
July "a, 1929.
Mr.. Niels Madsen, IL
County Clerk & Recorder,
Plentywood, Montana,
Dear Mr.. Madsen:
Re: Sheridan County v. Ma
tional surety Company.
I thank you for your letter Of
the 23rd inst. advising that the
Board of County Commissioner.
will meet on August 7th, and vii VII
probably desire to close the above
antiflA,S
--sAOU CdSSs
In connection Herewith, l bee
to advise that the National Suret!
Company has not filed any Peti
ton for Rehearing in the Circui
Court of Appeals, and time TO.
filing same expires today. From IN
formation received from its attor
ney, l am satisfied that it will con
test the case no further, and vii
not attempt to take the case t.
the suprement court of the Unite,
States.
/ will wire the Clerk of the Gin
cult Court of Appeals tomorrow
have the Remittitur and we shout
be able to obtain payment of tt
amount of the judgment befol
August Z, 1929.
For the information of yourse
and the board of county commi
sioners, l am inclosing herewith
COPY of the decision of the Circu
Court of Appeals. You will obser'
from reading of the decisiC
that the county has won compile
victory and that the judgment o
tanned in the trial court was q
firmed in toto. The total amou
payable at this date, according
nv calculations, is $125, S18.22.
addition thereto we are entitled
recover certain costs on appeal
mounting to S138.50, consisting
the following items:
To Tribune Printing and
Suply Co., printing APP
pellee's brief ...-...........---S1O8.
Clerk of Circuit Court fees:
Filing appellee's brief. 5
Attorneys docket fee 20
Issuing remittitur or
mandate .-....-.....--............-.- 5
$1s8
To the above sum should be a
ed interest upon the Judgment
tanned in the trial court amount
to $4,000 per day from July
1929 to date of payment.
Very truly yours,
LOUIS P. DONOVAN,
LPD:EM Incl.
&C. Paul Babcock.
REVIEW OF CASE
November 30, 1926, little a
half past five in the evening
after the extra clerks had left,