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Show WILCOX whs in COUNTER ACTION Judge Kimball Decides That Guaranty Mortgage Must Return Money Judge .lames N Kimball yesterday yester-day awarded judgment of ?f,., and Interest to M. E Wilcox against the Guaranty Mortgage company of Ogden, after the case had been under advisement by the court for nearlyj two wefeks, The Guaranty Mortgage company brought suit against Wilcox seeking to recover $5000, alleged to be due on a promissory note. In answer and counter-claim Mr. (Vlloox alleged that when he signed the jaiiou note for stock in the company, com-pany, the company at that time del not have authority from the state securities se-curities commission to sell its securities securi-ties lie further barged that tha agent ol the company, made false1 lepresentatione and that the company credited $265 which lie had on' de- posit lh the savings department of. the company, to his note The decision of Judge Kimball was that tho note of $6000 should be cancelled and Wilcox could collect, $265 with interest. r. Hnlllngsworth ami L J ; Holther represented Wilcox, while the firm of HalvpTson and Pratt represented repre-sented the mortgage company in rendering bis oral decision in the case. Judge Kimball said in. closing: 1 hold that the defendant .in Jus action is entitled to a finding hus-j tainlng his counterclaim; that bhoJ liote given by him should be carl-i celled, that the certificate of Stock,- hsued and appended to it a collateral j security) Should also be cancelled, audi that the defendant recover of the plaintiff In this action the sum of J2ti5 00 with Interest of 8 per cent) from January 3, 1922. and costs." |