The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-01-31
CRIPPLED BOY IS
PLAINTIFF IN suit
TORECOvER MONEY
Trial Begins in District Court
After Efforts to Settle
Case Fail
FRAUD OF $500 CHARGED
Youth Says He Got Only 81. 900
Of S., 900 Paid by Insure
ance Firm for Injury


ance Firm for Injury
A crippled boy, his guardian,
a lawyer, an insurance COM
pany and $1,000.
These were disclosed as the
leading factors in a suit begun
Wednesday afternoon in Bur-
leigh county district court after
alleged efforts to settle it out
of court had failed.
The crippled boy is James L.
Buckley, plaintiff in the case.
The lawyer is Governor Will
liam LANCER and the case goes
back to 1929 when he was in
private practice.
The guardian is c. D. King,
longtime LANCER political sup
porter and now deputy state
beer commissioner.
Ihe insurance company ID
the Mutual Health and Acct
dent Association of Omaha,
Neb.
The 5000 Is alleged by Buckley 10
have been paid by the insurance com
pany to LANCER and King In settle
ment Of claim which resulted from
Buckleys injury while holding =
policy.
The plaintiff declares he got only
81 300 Of this amount and Is asking
payment Of the other $500 with In
tsrest at 8 per cent from January /,
lS2o.
| Where the money went and Wheth-
er or not Buckley y entitled 70 more
than the $500 he admitted receiving
are the questions ct issue Ia the case
which Is being tried before Judge e.
w. Buttz Of Devils Lake.
pany paid 5000 to LANCER and King
are contained In dispositions filed
with the court Wednesday. These a.
sert that one check for 462o for Lon
OF service and hospital costs and an
other for 1880 in settlement Of tho
claim had been issued by the com
pany and endorsed by &C. p. King,
guardian" and william LANCER"
Text q Complaint
The text Of the complaint, filed
Just before the work Of selecting
jury began, follows:
II District Court. Fourth Judicial
District.
state Of North Dakota.
County Of Burleigh
James L. Buckley, Plaintiff,
vs.,
Mutual Benefit Health ana Accident
association, Z corporation. O. p.
King, and william LANCER, defend
ants
Complaint for 4 cause Of action
against the defendants the plain
tiff alleges:
II. That the Mutual Benefit Health
ard Accident association u . cor
poration, conducting an insurance
business, duly organized and 1T the
times hereinafter mentioned author
lied to transact business In the state
OF North Dakota and doing active
business in the State OF North Da-
kota.
80. That James L. Buckley had an
insurance policy with the Mutual Ben
eft Health and Accident association
and suffered an injury and that the
said injury was adjusted ct the sum
Of five thousand dollars which said
adjustment was made the latter part
Of 1928 or possibly - late 8 the early
part Of 1929. That the said adjust
ment was made through the iustru-
mentality Of william LANCER, attorney
for the Mutual Benefit Health and
Accident association, g. D. King and
also regular adjusters.
IS. That 1T tho time the plaintiff
was q minor under the age Of twenty.
one years and that he had been IN
employee Of william LANCER ct the
time Of the injury concerning which
the said adjustment was made and
for the terms Of IN accident insurance
policy and that he left the matter IN
the hands Of william LANCER.
=. That the plaintiff ratifles the
amount for which the claim was set
tied and approved.
IS. But that the plaintiff has not
been paid the sum Of five thousand.
but has been paid the sum Of $4,000
and no more. which said payment was
made during the month OF June, 1929
IS That your affiant has made
some investigations and has found
that the settlement was made through
u -