Show MERCHANTS BANK CASE IS CONTINUED All AlL But Three of Direct Directors rs Have Settled Claims On the motion ot of Charles Charl s A. A Gillette attorney for Lester D. D Freed Judge Judge- P. P C. C Evans E of the Third district court to today to- to day granted a continuance until We Wednesday of ot the suit b brought ought by by the he receiver of the Merchants bank against twenty-nine twenty directors o Of nf the bank to recover alleged to have been lost through mismanagement Mr Gillette stated that Inasmuch as as a pe petition petition pe- pe will be f filed l d b by counsel for the he receiver r asking for dismissal of the case against those directors who have reach reached d a settlement with the re receiver receiver receiver re- re It Jt will be necessary to file an amended and supplemental answer for Mr Freed who is one of ot the three directors of the defunct bank who has not settled In his opening statement at the trial today Frank E. E Holman of the law firm of Cheney Jenson and Holman i counsel counSil for the receiver said that he did no not bave have as yet a a. c complete lIst 1st of I. I the defendants who have re reached ched a settlement with the receiver under the authority of th the receivership court He said he hoped that the list would be complete by Tuesday morning when counsel for the receiver will move that the cases against these directors should be dismissed without prejudice I Ibe When the trial reconvenes Wednesday Wednes day two or three of the original d de dc defendants will be the thc only ones who will remain to contest the suit One of these defendants B. B B Binnard the receiver and his counsel have been given tp to understand ma may arrive in Salt Lake Lak from T Texas today The Theother Theother Theother other defendant in addition to Mr Freed who n ho has thus far failed to reach an agreement with the receiver is F. F A. A Sweet JI Mr r. r Freed S Saturday tur Ja lot lost in an en en endeavor de deavor vor to obtain a supreme court mandate mandate mandate man man- date directing Judge Evans to grant granta a 2 special l jury trial in m his cas case T The e ehigh high court ruled that the the- case is es essentially essentially es- es a suit in equity against fiduciaries elari claries s In the nature of ot trustees for an accounting and as such does not en entitle entitle en en- title the defendant to a jury trial Judge W. W H. H Bramel Saturday au authorized authorized authorized au- au Stephen II H. Lynch receiver of the bank to accept settlements aggregatIng aggregating aggregating gating from nine of the de tie tie- The settlements were as follows fol tol- fol- fol lows Iowa M. M O. O Packard O. O P. P Soule ra Jarnes Janes s H. H Brown 15 R. R P. P Morris James F. F Burton C. C P. P Overfield 15 S. S W. W Morrison F. F W. W Price and A. A H. H Godbe 10 |