The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-15

Court for the Correction OF Error..

JUNE H.-Present the Lieut. Governor the Chan
celor ana Senators Bartlett, Bockee Dixon Hard
Hunt, Nicholas, Peck, Ruger, Sherwood and
Works
President, Directors, &C., Of the Commercial Bank
q Albany VS.. Erastws Corning, swciror, Sc
This was an action to recover Ss63, 900 being the
amount OF note drawn by III. Barlow, formerly
cashier OF the Bank, and also cashier OF the Savings
Bank at Albany, on the Sd Dec. 1884, and endorsed
by James Porter and Erastus Corning, the defend
ant, and originally discounted at the Bank of Amer
ici IN this city-also for $4,000 furnished by the
SAID Barlow, cashier, to purchase Buffalo CONNER
clal Bank stock on their Joint account, of which he
made no entry on the books, the whole amounting
10 $4,000, with interest since 1891. The frauds OF
Barlow upon the bank, and his absconding to Texas
In 1880 are well known to the public. The note in
question was discounted by the Bank of America in
the hypothccailon Of 620 shares of Buffalo CONNER
cial Bank stock. They were taken up, afterwards
by Barlow with funds belonging to the bank, but no
account made of it on the books The note, after it
had been received at the bank in Albany, was
struck with the Teller's cancelling hammer and the
words charged II. Bartow' placed on one side on
the margin. One of the modes pursued by Mr.. Bar
tow as CASHIER to further his speculative views I'M
known to the directors, was to cash checks and fur
nish money without making entry, but compelling
the teller to keep the checks and tho receipts in his
possession as so much cash. The teller frequently
demonstrated, but Barlow would silence him
by saying he had funds in New York, and
would take up the checks and receipts and
give HIM thu, money in day or two OF
the parties thus favored, were j. c. Kemble
Tor more than $20,000, and J. w. Bishop for 81 600
both OF whom were lnsolven, but were members Of
the Senate in lS35-there was also check of John
W. Edmonds' for SIS, 600, 1900 on which was after
wards paid; the $4,000 alluded TO for the purpose of
buying Buffalo Commercial Bank stock, Nc; also
several other draits-the whole amounting to 1853,
66i 4c. On the 18th Sept 1885, Barlow took from
the teller the package containing these drafts and
receipts and debted the Bank of America in his
own handwriting with Bank notes, $53 GA 93c."
The Bank of America afterwards said that they
had received no such sum, and in this way the frauds
were first discovered. Barlow aosconded on the
Both September, and died in Texas the following
year. The Bank received an order from his father.
to obtain whatever effects he might have left. and
expended nearly $500 in sending out, but found
thing. His defalcaon amounted to $slf9,57 41c.
He was supposed, in the early part of 1896, to be
well off, and worth at least 25 900 or $4,000. Mr..
Porter died in 1899, and the Bank claimed of defen-
dant, as survivor, payment of the $4,000 and inte-
rest. 1t never having been paid or received by the
Bank. The Supreme Court ordered the subject be-
fore referees, who reported in favor of defendant,
with costs, which report was confirmed. The cause
Is now brought up writ of error, to compel de-
PENDANT topay the amount. The argument oocu-
pied the whole of the day. At the usual hour the
Court adjourned to this forenoon.