The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-02


SUITFoR Sll2, 900 AGAINST BRANCH OF THE STATE
BANK OF OHIo.-A Bill in Chancery was Yesterday
filed in the United States Court, by Benjamin De-
ford, of Baltimore, against the Chillcothe Branch
of the State Bank of Ohio, and Henry Massie and
James B. Scott, the President and Cashier thereof
The bill alleges that in 1855 Alexander Fraser, of
Chiilicothe, applied to Elder Webb, commission
merchants of Baltimore to make advances in cash
and grant acceptances, to be used in purchase OF
produce and the manufacture of highwnes and
whiskey, to be shipped and consigned to them.
Fraser represented himself in good circumstan-
ces, and doing large business in distilling, and in
the raising of stock and hogs. Fraser proposed to
give as endorsers Enos and Nelson Prather, who he
represented were wealthy and responsible citizens
of Ross county.
The plaintiff also alleges that Elder L. Webb be-
ing unacquanted with the business character or
responsibility of Fraser the Prathers, addressed
a letter to the Chcothe Bank giving history
of the.contempated arrangement, and that they re-
ceived an answer in August 1855, signed by James
B. Scott in his official character cashier, for and
in behalf of the bank, in which he endorsed the
standing and responsibility of Enos and Nelson
Prather as good; that they owned from 5000 to
5000 acres of land, and were large corn growers
and cattle feeders; that in 1854, they fed over 900
head of cattle, and from to 800 600 worth of
pork, and that he considered them good for the
purpose contemplated. The complainant also al
leges that the reply to the letter of Elder & Webb
represented Fraser to be a man of credit and res
possibility, doing large business and rapidly ma
king money, but that they have since learned that
he was largely indebted to the bank, in sum ex-
ceeding 100000, and that the officers must have
known that he insovent at the time they made
the representations. Elder d Webb advanced to
Fraser $4,000 over the consignments, which
amount still remains unpaid.
In the course of the transaction, L. Il w. became
largely indebted to Benz. Deford for money to meet
the drafts of Fraser, who subsequently assigned the
claim to him, and he now brings suit, claiming
that at the time the representations were made by
the officers of the bank that Fraser and the Pra-
theirs had large suspended debt due the bank, and
allege that the representations were fraudulent,
| and made with view of enabling said bank to re-
duce the debt by means of the drafts, and that
part of the avais of each draft devoted to the
| payment of such Indebtedness
The complainant asks that the Chllicotht
| Branch, as we'll as the Prathers and Fraser, ma,
be required to answer under oath the averment
set forth, and that they may be compelled to re
fund to the assignee, Benz Deford, all sums whicl
| the bank may have received from the proceeds O
the drafts and other negotiable paper paid by FL
der Webb.
A draft for S26S. %, the amount contributed t
the Mount Vernon Fund by six companies and ban
OF the I'd Infantry, stationed at Fort Randall, Ne
| braska, has been received by Hon. Edward Everett
| Mr.. Everett is expected to pronounce his "Frank
lin" Grafton in Richmond, Va, on Friday, St
April, at the invitation of the Young Mems Chris
tian Association, for the benefit of the Orphan 81
ceties and other charities.
Afterwards he will deliver the "Washington
Grafton at four places in North Carolina and wi
then return to Virginia, to meet engagements
Lynchburg and Stanton.