Former Legion commander awarded $5,000 judgment against post

By PETER HUSSMANN

The former commander of the Newton American Legion Post has been awarded a $5,000 judgment  against the local veterans organization after the court found he had not been repaid for using his own money to "tide" the organization over during a "period of low participation and financial difficulty."

In October, Larry and Sandy Shaver filed a small claims lawsuit against the Newton Legion post saying he was still owed $5,000 by the club for using his own money to finance such things as the purchase of a cooler and television set and to pay the post's electric bill, its insurance premium and to pay its account at the Fareway meat counter so the organization could continue to offer its regular steak fry. The monetary advances made by the Shavers to the club date back to 2006 and 2007, the court documents state.

In ruling on the suit last Wednesday following a Nov. 20 trial on the matter, Judge Thomas Mott noted that the "post began to pay it back, but under subsequent leadership it stopped paying and refused to meet its obligations to the Shavers."

"The American Legion post did not keep a well organized set of minutes of official actions and business, and any accounts books suffered from possible theft by a former employee," Judge Mott wrote in his order. "The documentation suffices, however, to corroborate the Shavers' testimony as to the money advanced to the post or for the post's benefit; there is no evidence to contradict their testimony. The Shavers are entitled to judgment for the $5,000 claimed in their petition."

After the Shavers filed the action, the American Legion Post filed a counterclaim for $5,000 against the couple claiming an "unauthorized loan." Judge Mott was not persuaded by evidence presented at trial and ruled in the Shavers' favor on the counterclaim.

"Likewise, the evidence shows the Shavers did not borrow or otherwise receive any money or tangible benefit from the American Legion post," Judge Mott wrote in his ruling. "The defendant's counterclaim states a claim for $5,000 based on 'unauthorized loan' but the only loans in evidence are the funds the Shavers advanced to the American Legion or on its behalf. Their doing so to help the post, for legitimate purposes, and for the post's continuing benefit, does not constitute a basis on which to find against them. The Shavers are entitled to judgment in their favor on the defendant's counterclaim."