8/10/2020 First National Bank of Montgomery vs.
Jerome Daly
First National Bank of Montgomery vs. Jerome Daly
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IN THE JUSTICE COURT
STATE OF MINNESOTA
COUNTY OF SCOTT
TOWNSHIP OF CredIT RIVER
JUSTICE MARTIN V. MAHONEY
First National Bank of Montgomery,
Plaintiff
vs
Jerome Daly,
Defendant
JUDGMENT AND DECREE
The above entitled action came on before the Court and a Jury of 12 on
December 7, 1968 at 10:00 am. Plaintiff appeared by its President Lawrence V.
Morgan and was represented by its Counsel, R. Mellby. Defendant appeared on
his own behalf.
A Jury of Talesmen were called, impaneled and sworn to try the issues in the
Case. Lawrence V. Morgan was the only witness called for Plaintiff and
Defendant testified as the only witness in his own behalf.
Plaintiff brought this as a Common Law action for the recovery of the possession
of Lot 19 Fairview Beach, Scott County, Minn. Plaintiff claimed title to the Real
Property in question by foreclosure of a Note and Mortgage Deed dated May 8,
1964 which Plaintiff claimed was in default at the time foreclosure proceedings
were started.
Defendant appeared and answered that the Plaintiff created the money and
credit upon its own books by bookkeeping entry as the consideration for the Note
and Mortgage of May 8, 1964 and alleged failure of the consideration for the
Mortgage Deed and alleged that the Sheriff’s sale passed no title to plaintiff.
The issues tried to the Jury were whether there was a lawful consideration and
whether Defendant had waived his rights to complain about the consideration
having paid on the Note for almost 3 years.
Mr. Morgan admitted that all of the money or credit which was used as a
consideration was created upon their books, that this was standard banking
practice exercised by their bank in combination with the Federal Reserve Bank of
Minneapolis, another private Bank, further that he knew of no United States
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Statute or Law that gave the Plaintiff the authority to do this. Plaintiff further
claimed that Defendant by using the ledger book created credit and by paying on
the Note and Mortgage waived any right to complain about the Consideration and
that the Defendant was estopped from doing so.
At 12:15 on December 7, 1968 the Jury returned a unanimous verdict for the
Defendant.
Now therefore, by virtue of the authority vested in me pursuant to the Declaration
of Independence, the Northwest Ordinance of 1787, the Constitution of United
States and the Constitution and the laws of the State of Minnesota not
inconsistent therewith ;
IT IS HEREBY ORDEred, ADJUDGED AND DECREED:
1.That the Plaintiff is not entitled to recover the possession of Lot 19, Fairview
Beach, Scott County, Minnesota according to the Plat thereof on file in the
Register of Deeds office.
2.That because of failure of a lawful consideration the Note and Mortgage dated
May 8, 1964 are null and void.
3.That the Sheriff’s sale of the above described premises held on June 26, 1967
is null and void, of no effect.
4.That the Plaintiff has no right title or interest in said premises or lien thereon as
is above described.
5.That any provision in the Minnesota Constitution and any Minnesota Statute
binding the jurisdiction of this Court is repugnant to the Constitution of the United
States and to the Bill of Rights of the Minnesota Constitution and is null and void
and that this Court has jurisdiction to render complete Justice in this Cause.
The following memorandum and any supplementary memorandum made and
filed by this Court in support of this Judgment is hereby made a part hereof by
reference.
BY THE COURT
Dated December 9, 1968
Justice MARTIN V. MAHONEY
Credit River Township
Scott County, Minnesota
MEMORANDUM
The issues in this case were simple. There was no material dispute of the facts
for the Jury to resolve.
Plaintiff admitted that it, in combination with the federal Reserve Bank of
Minneapolis, which are for all practical purposes, because of their interlocking
activity and practices, and both being Banking Institutions Incorporated under the
Laws of the United States, are in the Law to be treated as one and the same
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8/10/2020 First National Bank of Montgomery vs. Jerome Daly
Bank, did create the entire $14,000.00 in money or credit upon its own books by
bookkeeping entry. That this was the Consideration used to support the Note
dated May 8, 1964 and the Mortgage of the same date. The money and credit
first came into existence when they created it. Mr. Morgan admitted that no
United States Law Statute existed which gave him the right to do this. A lawful
consideration must exist and be tendered to support the Note. See Ansheuser-
Busch Brewing Company v. Emma Mason, 44 Minn. 318, 46 N.W. 558. The Jury
found that there was no consideration and I agree. Only God can create
something of value out of nothing.
Even if Defendant could be charged with waiver or estoppel as a matter of Law
this is no defense to the Plaintiff. The Law leaves wrongdoers where it finds
them. See sections 50, 51 and 52 of Am Jur 2nd “Actions” on page 584 - “no
action will lie to recover on a claim based upon, or in any manner depending
upon, a fraudulent, illegal, or immoral transaction or contract to which Plaintiff
was a party.”
Plaintiff’s act of creating credit is not authorized by the Constitution and Laws of
the United States, is unconstitutional and void, and is not a lawful consideration
in the eyes of the Law to support any thing or upon which any lawful right can be
built.
Nothing in the Constitution of the United States limits the jurisdiction of this Court,
which is one of original Jurisdiction with right of trial by Jury guaranteed. This is a
Common Law action. Minnesota cannot limit or impair the power of this Court to
render Complete Justice between the parties. Any provisions in the Constitution
and laws of Minnesota which attempt to do so is repugnant to the Constitution of
the United States and void. No question as to the Jurisdiction of this Court was
raised by either party at the trial. Both parties were given complete liberty to
submit any and all facts to the Jury, at least in so far as they saw fit.
No complaint was made by Plaintiff that Plaintiff did not receive a fair trial. From
the admissions made by Mr. Morgan the path of duty was direct and clear for the
Jury. Their Verdict could not reasonably been otherwise. Justice was rendered
completely and without denial, promptly and without delay, freely and without
purchase, conformable to the laws in this Court of December 7, 1968.
BY THE COURT
December 9, 1968
Justice Martin V. Mahoney
Credit River Township
Scott County, Minnesota.
Note: It has never been doubted that a Note given on a Consideration which is
prohibited by law is void. It has been determined, independent of Acts of
Congress, that sailing under the license of an enemy is illegal. The emission of
Bills of Credit upon the books of these private Corporations for the purpose of
private gain is not warranted by the Constitution of the United States and is
unlawful. See Craig v. Mo. 4 Peters Reports 912. This Court can tread only that
path which is marked out by duty. M.V.M.
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8/10/2020 First National Bank of Montgomery vs. Jerome Daly
JEROME DALY had his own information to reveal about this case, which
establishes that between his own revealed information and the fact that Justice
Martin V. Mahoney was murdered 6 months after he entered the Credit River
Decision on the books of the Court, why the case was never legally overturned,
nor can it be.
Documents From The Courts Files
1st National Bank Of Montgomery vs. Jerome Daly, Scott County Minnesota.
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