The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-23
THE OCEAN BANK ROBBERY.

Suit Of n N Iowa Bank to Recover $50, 200,
Part Proceeds of the Robbery-End Of
the Second Trial and Disagreement OF
the Jury--Important Charge by Judge
LarremOre.
The particulars Of the Ocean National Bank rob-
berry, though nearly four years have since elapsed
still fresh in the public recollection, and 1t
s unnecessary, therefore, to repeat them in detail
Among the valuable booty SO adroity and success.
fully carried away by the burglars were $4,000 in
United States bonds deposited a short time pre-
viousy in the bank by the First National Bank OF
LyOns Iowa. The latter bank considered the Ocean
Bank responsible for the safety Of Its deposit,
md accordingly demanded an indemnifcation
" their loss. But the ocean Bank directors
ought otherwise ana refused to make the loss
cd. This refusal was based on the ground that
!. burglary could in no way be chargeable to any
40 ligence on the part Of the bank. or course
at ter involving such large amount could not
er, well be allowed to drop here, and so suit was
rom yht by she Lyons Bank against the Ocean Bank
70, over the amount. The case was first brought
, IA al some three months ago, before Judge
,ser, +. Daly, holding one OF the trial terms Of
'e II" irt Of Common Pleas. The trial was cOntin-
ed ab. w. s - hd ~ S "s W 1 nes T .,
ras ~ co ltroversy was not allowed to stop here.
I1oe az s IN tae
hsch W sconducted by ex-Judge Birdseye for the
II.
aanha q elimination yesterday. At six O'Clock
tho ave uing previous the case was given to the
!, nv ' The Judge waited until nine O'Clock that
Ivy, anS the verdict, but the jury had not
greed, and " ceMaH into w nv v Vic sm.,
aH ;hat they naa not
greed ., sna first when out-nine for the
aintn and nree 'os as NAM ana 1aat mere
,as no posst ID his regret al their inability to
% ent s,a", larged them. The case, as will he
gree, anu e,sC, ,ecial interest and involving i'm
ne nesSnn s0flaw Judge Larremore's charge
vi .S . q - de from the marked legal clearness
VI ss - rstatement that pre-eminenty
hor"ctor;ve H. one OF the most important
n s,n, tho, hav. emanated from the Bench for
na e .,,, ss We 40 below the charge in FULL:
RREMoRE's CHARGE.
bament to sb be d sss Of thing S
mother in trust for 20. pressed or Implied TO- con- con-
s p9n 70 tSe oSec. purpose Of The ns The
a aler who he a one who eseyes the Ssles You
q: Isady APPLY ss,S sse
e two Of which tnsthe issues involved II this
s he rst IL called a. post where goods are deiv-
red to be M ere aos a oe
rs to be place Or for s
OF Some act 70 IN distinctive feature bail
Of this tn such was the case be-
%esS he f pslss 1T. action .,
held .v aeeuda Hs 'S ssSess plaintiffs order and
demand They were not pledged ossesson and control
g e. a.
sss.ass S e. & sna: sss
defendant but no compensation ,b for ns Keeping an
ps srSs credit
:hsrD T nsd ne s sass sDnS
ne se.s sssRns
Of securities sns Of t a.ne Ssarae business
sSns
S sse ,Sss IsaRcn s%"T
while the bsilee who receives q reward for ordinary
Senst from the banem Is na1s ror rssnns only for
!. a1 viii S 10 @
and ,se ss sss.ss em
ca sn and s s
the S cs Of c %hcs eseas
eo%mYn RTnasnce takes Of his own ,s ut
q even slight diligence Of such care as every ma
pape sna So IN
Re T s r y Of s me
Sendan and what kind Of diligence required Of the
This must determined By the actual state he
mnnity a. the tune Of the ossa.ne asages Of business and
Sen4ed ssscd
popnous city where crimes are frequent become gross
neglect arns open in country that while the stand
WHAT CONSTITUTES PROPER CARE
varies as fovhc facts uniform respect the prin-
spe dse e. c, required @hs pT9SpoTSned me de-
s sy Z, shs y, sSe sSy
loss be extraordinary 0dra wv value would be gross
value ID X 1Te The awes
saaSSi S%
s SsS D cSy sIo ssSf
f Ss m Ss Be be % dssermned The
quality Of sss pgTop snS be ee sssss
ton between the parties II IN evidence na, p nm
SH"Ss vi" Tsy u we're ss and
where a the securities hid by ane PAM b wire
kept The Sracpls ~ weu sstsAsa ~s'R SNss