Sylvia Osterbauer and Estate of Joseph Osterbauer, Deceased, Sylvia Osterbauer, Personal Representative - Page 4

                                        - 4 -                                         
          was supposed to use the funds contributed by its investors to buy           
          and develop gold mining property.3                                          
               Because decedent had a good reputation in Missoula, Montana,           
          he was asked by the other investors to serve as president of                
          International Mining.  He accepted the post.  Despite being                 
          president, decedent had no daily involvement in the business of             
          International Mining, nor did he have operating control over the            
          business of International Mining.                                           
               International Mining needed additional capital shortly after           
          it was formed in order to continue operations.  International               
          Mining attempted to secure a loan from the First State Bank of              
          Stevensville, Montana (the Bank); however, the Bank was unwilling           
          to make such a loan.  The Bank did lend $40,000, on March 23,               
          1984, to decedent and Warren E. Meader, another International               
          Mining investor.  To secure the loan, the Bank required that                
          decedent pledge his personally owned Cessna airplane as                     
          collateral.  Mr. Meader put up stock as collateral.  The loan               
          proceeds were contributed to International Mining.  International           
          Mining entered into a resolution on March 23, 1984, pledging                
          proceeds from sales "for repayment of the $40,000.00 promissory             
          note drawn by Joseph D. Osterbauer and Warren E. Meader in favor            
          of First State of Stevensville Bank.  Said promissory note in               



          3It is unclear from the record whether any gold mining                      
          properties were ever bought by International Mining.                        




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011