Lethbridge Herald, The (Newspaper) - October 16, 1920, Lethbridge, Alberta
r _PAGE FOURTEEN THE LETHBRIDGB DAILY HERALD SATURDAY. OCTOBER 16, "1920 Judgment Handed Down By Judge Jactson in Much ;-Involved Case "A NEW UNPOPULAR lii the complicated suite at Gucrin, representing the 'farmers' arid Merch- Bank, of Sweet Grass, Montana, rs J. Schwartz ot Milk Kiver, and vice versa, judgment has been banded down by Judge Jackson in ac Inter- pleader Action Instituted by tbe bauk against Schwartz. The Interpleader issue was to deter- mine whether the moneys in tho hands of tha sheriff, realized In a seizure in the soil of Schwarlz vs or any part of ihem, Ihe moneys of the plain- tiff bank. The tacts in brief are as follows: Schwartz endorsed a note given by Decry to the bank. Deery owed Schwartz .some money on an open account, and when about to sue Deery for it the bank 'sent the cote mentioned la Schwartz's solicitor. A compromise judgment was arrived at, and Use sheriff realized the sum of apparently the full amount ol Judgment and costs. The plaintiff claimed tbe sum of and interest from April 29, 1919. ont ot the moneys in the hands oi the sheriff as beneficial owner. The de- fendant claimed that he had paid the plaintiff In luH and that he is tha real holder.ot the cots. Findings Op the evidence His Honor found that Schwarti did not pay the plain- lift any money on this particular note. The question then remained as to the HBhlB of the plaintiff to have allocated snch a'proportion ot the moneys lii the'hands of Ihe sheriff as will pay the fnll amount ot the note and inter- est- In connection with the matter Mr. Guerln, cashier of the Farmers' snd Merchants' Bank, .wrote to Mr. Elton as follows: "Enclosed find the above described 15 en- doreed by Joe Schwartz. The writer (Guerin) saw Deery ten days ago and told him thatihls'nofc had to he paid' last weak, hat he'tailed to do so.. We saw Mr. Schwartz last Saturday night about "the matter, as he guaranteed payment, and upon request wa are forwarding this note with, the Schwartz .'claim, npon which Schwartz la having you obtain judgment OB Deery. which will dsvelop In the seizure' ol Deery's Dodge automobile. You may consider that this is "a'claim which Schwartz holds against Deery, as Mr. Schwartz ,will hare to piy tu." Judgment His Honor held that ft was plain to him from the letter that the plarntlfl intended waive1 its rights against Deery arid elected to rely on Schwartz tor payment The note was handed to Schwartz" as he had guaranteed pay He considered that it was no the iitentlon to hold one bat Schwartz on the It was" handed to- Mr. Elton imtil Mr Schwartz became financially involved His Honor farther questioned the of the plaintiff to claim any.par ticnlar part of the moneys in the hand! of-the sheriff, as the jndgmeni Jlielf involved a claim lor an open account as well as the amount of the note. Honor found moneys, or any part thereof, In the hands o tta sheriff are not the property of tho The plaintiffs claim to this money, will therefore, he barred to the extent of the claimed.! sheriff .will be entitled to retain the costs of'tho interpleader, and thj defendant will have the costs of tb action and tbe sheriff's cost o[ inteA 'pleader against.the plaintiff. A. B. Hois appeared during the Interpleader trial (or the Farmers' and Merchants' Bank and J. N. Ritchie, ol Johnstorje and Ritchie, for Schwartz. People's Forum REPLY TO MILK RIVER MAN To tho Editor, The Herald. Dear. latter published la yesterday's paper from a correspon- dent residing in Milk River is very welcome to some of your readers be- ojuse it contains a series of state- ments finding currency in certain, quarters aid puts them in brief form for perusal and esamuiatlon. It seemed incredible tuat any one could hold the ideas mentioned by vour cprresppnilent. but strange things tho minds of KIT lustauce, where under tho sun has there been any Instance tbat "Prohl- IbiUou has been a curse to every state, comiucmweaUU or that has 1 tried it Making a statement like that Is foolish unless Ihere la some proof to givo and some facts, to corroborate. Again consider this paragraph, la we have only a partial prohibition law, yet with it we have bsea able to dismantle one gaol and one prison (arm to the luuiense relief of the rate- payers ,wo have so decreased the pop- ulation of the remaining two goaU as to cause 'the government to consider which 6f the two may next be closed. The gaol at Fort Bafikalchowan had not enough Inmates to run the (arm last-summer and the Inmates at Leth- bridge only averaged 100 lor the per- iod mentioned. I .do not anticipate that you will have room tor a long array of facts but as an earnest that vre have thous- ands ot them I enclose you several Ions lists of ifflcial reports made by cities, states governments show- Ing Ibe beneficlent effects of what lit- tie proUlblilon law his been enacted against the' Hq.uor traffic.