Bernard J. Sussman
17 months ago
The "poison" that Drexler says was "allegedly" "pumped" into Mahoney was alcohol and Mahoney pumped it into himself and very enthusiastically and over a long period of time. He died in a boating accident, severely intoxicated. He had achieved Jeff Foxworthy's criterion of being a Redneck - he was too drunk to fish.
As for the pretended court decision that we are told is "still good law":
Jerome Daly had printed in a newsletter and mounted on the internet the purported text of a long argument (sometimes called the Credit River Decision) purportedly issued by a Minnesota Justice of the Peace, Martin Vincent Mahoney, in 1969, in a case involving Daly (“First National Bank of Montgomery v. Daly”, arising from Daly’s nonpayment of a mortgage), by which Mahoney (a non-lawyer described by Daly as a “dirt farmer”) supposedly upheld the “vapor money” theory that Daly owed nothing to the bank creating a credit line or otherwise making a home purchase possible because the bank had not handed him actual currency (meaning, perhaps, gold or silver coin), and further “directed” the county court (a court above his own JP court) not to accept FRNs from the bank for the filing fee in the lawsuit against Daly on the pretext that FRNs are not real money; this is a very long and convoluted “decision” with the sort of legalistic writing that is not expected of a JP, much less the jury of a JP court, and, altho its internet caption is that FRNs were “declared unconstitutional, null and void by the court”, it is extremely doubtful that a JP in Minnesota or anywhere else has that sort of clout; more to the point, it appears that this decision was the result of collusion between Daly and Mahoney and had been done even after a State Supreme Court Justice had ousted the JP from participating in the suit, as described in In re Daly (1969) 284 Minn 567, 171 NW2d 818, which held that the JP had exceeded his authority. By that time, Mahoney had inconsiderately died (in a boating accident, apparently very drunk, eight months after the purported decision) so he was beyond the court’s ability to punish him, Zurn v. Northwestern National Bank (1969) 284 Minn 573, 170 NW2d 600; but Daly was charged with contumacious contempt of court and suspended from the bar, which was followed by permanently disbarring him. In re Daly (1971) 291 Minn 488, 189 NW2d 176; the decision issued by Mahoney was similarly declared a nullity because outside the JP’s jurisdiction. Zurn v. Northwestern National Bank (1969) 284 Minn 573, 170 NW2d 600; ditto (“To avoid the necessity of further proceedings to vacate and set aside any action taken herein by Mr. Mahoney, … we declare all proceedings in this matter in the justice [of the peace] court subsequent to … August 15, 1969, a nullity. Minnesota Statute 531.115 provides for removal as a matter of right from a Justice of the Peace court to a court presided over by a salaried judge, and it requires the justice of the peace to transmit the file of such action ‘forthwith’.” - in other words, Mahoney’s attempt to prevent the regular court from hearing the case by declaring the money unacceptable was contrary to statute.) Daly v. Savage State Bank (1969) 285 Minn 503, 171 NW2d 218. The use of Mahoney’s “decision” did not impress real judges. Brobeck v. CIR, TC Memo 1980-239 affd 681 F2d 804(t); Cupp v. CIR (1975) 65 Tax Ct 68 affd 559 F2d 1207; Fahy v. CIR, TC Memo 1982-37; Vecchione v. US Bank National Assn (ED N.C. 4/21/09); DiRuzzo v. Commissioner of Revenue (Minn.Tax Ct 5/20/77); D.A. Field v. Bank of America (D.Minn 2/22/11)(“The Daly case appears to be an anomalous proceeding that has gained legendary status in a small corner of the internet blogosphere.