by Melinda Pillsbury-Foster
Locals thought the law suit filed by Jerome Daly against the local bank, to be heard on December 7, 1968, in the township of Credit River, Minnesota would be frivolous. The twelve jurors were practical men, citizens who trusted those in authority.
Jerome
Daly, an attorney, faced eviction from his home. Daly, in arrears on
his mortgage, had sued the bank as he faced foreclosure because while
reviewing the papers and practices he had noticed the mortgage was
issued with no legal 'consideration' between himself and his mortgage
holder, the First National Bank of Montgomery.
Legally,
mutual consideration is essential to any valid contract. This is
defined as being, “Something
of value given by both parties to a contract that induces them to
enter into the agreement to exchange mutual performances.”
The
atmosphere in the courtroom changed abruptly during the testimony of
bank President
Lawrence V. Morgan. Daly cross examined the banker about the
creation of money. Had any bank money been at risk? It had not, the
banker admitted.
President
Morgan testified this
was standard banking practice, exercised by their bank in combination
with the Federal Reserve Bank of Minneapolis, another private bank.
Morgan admitted he knew of no United States Statute or law giving
his bank this authority.
When
Justice Mahoney heard this he stated, "It
sounds like fraud to me."
The stunned faces of the jurors indicated they agreed with him.
The
surprises continued. Further testimony revealed the Federal Reserve
was a private bank, issuing money not backed by gold or silver, as
mandated by the U. S. Constitution.
The
Credit River Decision was never successfully appealed by the bank but
is not considered to be a cit-able precedent because Mahoney was a
Justice of the Peace. Justice Mahoney died August 22, 1969.
Mahoney's
verdict also stated, “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.”
Daly,
a tax protester, kept his home. Later he was stripped of the right to
practice law.
The
facts presented remain true today, as America's economy, and the
money produced by the Federal Reserve, continue to push us closer to
the brink of economic disaster.
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