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First National Bank of Montgomery v. Daly
First National Bank of Montgomery v. Jerome Daly, Dec. 9, 1968 (Justice Court, Credit River Township, Scott County, Minnesota), also known as the Credit River Case, was a case tried before a Justice of the Peace in Minnesota in 1968. The decision in that case is sometimes cited by opponents of the United States banking system.
== The trial ==
An attorney named Jerome Daly was a defendant in a civil case in Credit River Township, Scott County, Minnesota, heard on December 9, 1968. The plaintiff was the First National Bank of Montgomery, which had foreclosed on Daly's property for nonpayment of the mortgage, and was seeking to evict him from the property.
Daly based his defense on the argument that the bank had not actually loaned him any money but had simply created credit on its books. Daly argued that the bank had thus not given him anything of value and was not entitled to the property that secured the loan. The jury and the justice of the peace, Martin V. Mahoney, agreed with this argument. The jury returned a verdict for the defendant, and the Justice of the Peace declared that the mortgage was “null and void” and that the bank was not entitled to possession of the property.〔( Judgment and Decree )〕〔(Finding of Facts )〕 The Justice admitted in his order that his decision might run counter to provisions in the Minnesota Constitution and some Minnesota statutes, but contended that such provisions were repugnant to the Constitution of the United States and the Bill of Rights in the Minnesota Constitution.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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