The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-10-30

to have bought, presented aICer
death. He, an appraiser, joined in
emitting the cattle, which these
checks bought, from the inventory
and appraisement, but his claim
for their alleged price was allow
ed.
A note for 100000 was filled
in above Montgomery's signature
probably after he died. At the
Bank of billions suggestion, $780,
10000 in notes were signed by
Cecilia L. Montgomery within a
few weeks after Montgomery's
death. The money of these notes
was deposited in the bank in her
account. The estate paid interest
on these notes and finally paid
the principal. These notes were to
the Bank of Dillon, Hazelbaker,
another director of the Bank of
Dillon, is present whenever any
deed or instrument requiring an
acknowledgement is to be signed,
except the first appraisement
which was verified before Lei
inert, a Notary Public and book
keeper for Gilbert. Hazelbaker is
with Gilbert when Peterson is
solicited to become a dummy.
TAO R. II, and when Clemow is
also solicited. 767 R. %. The
notes amounting to $117042.0O,
which were signed by Gilbert as
executor and uttered before the
petition to sell real estate was
filed we're as to $77,344.O0 issued
tc and cashed with the Bank of
Dillon.
Gilbert, in his testimony, says
that he was acting for the Bank
Of Dillon throughout. At the trial
he and Hazelbaker are the only
persons outside of counsel who
are actively defending the Bank
Of Dillon. Except for the theft of
$18477.74, the C. L. Livestock
cattle purchase. Gilbert seems not
to have acted for his own immed-
late profit. He was acting always
for the profit of the Bank of Dill
Ion. He was necessarily a stock
holder. Indirectly the profit of
the Bank was the profit of Gil
bert. Being cashier when the $1S,-
ALTA was embezzled, the bank.
is of course, liable equally with
him for that.
During the first Is months of
the administration when the
debts, real and fictitious, Of
Montgomery were drawing inter
est payable mostly to the Bank
Of Dillon and the White Invest
ment Company, owned by its
president. the moneys of the es-
tate, received by Gilbert. above
$140.0O0.00 were on deposit for s
months or more in the Bank of
Dillon. Banks make money and
keep in existence by lending out
their deposits. This bank was, on
illegal notes, lending the money
of the Montgomery Estate to the
Montgomery Estate. These notes
were being renewed, interest was
being compounded against the es-
tate. while the estate had ample
funds. in Gilbert's hands, to pay
all of it's debts.
On April 16, 1920, $25, 100000 Of
notes of the estate were paid.
These were returned to Mrs.
Montgomery. On April %. the
president of the bank, B. F.
White. embraces these notes in
a claim for $42,528.OO. This claim
is not presented to the Judge for
approval for about IL months.
The principal of the paid notes
was not the only item falsely sus-
tanned into debts of the estate.
The interest also en- these notes
was sustained for years into the
apparent debts of the estate and
INTO the petition to sell real es-
tate, filed a years afterwards. The
bank was always the real execu-
tor and the real beneficiary of
the persistent waste except as to
the one item of $18, Alta. pro-
oably Gilbert's. If there were
equitable contribution between
scamps the bank would have 70
contribute large part of its S25.-
10000 loot with years interest
thereon at go, (making an addi-
tlonal 80 per cent) to balance
GliDert's theft of only $18,47774.
Sc that even on anv CLAIM, that