New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-26
The COURTS.
A VERDICT AGAINST WALTER ROCHE.

A VERDICT AGAINST WALTER ROCHE.
A JURY GIVE THE RECEIVER or THE BOWLING
GREEN SAVINGS BANK OVER $4,000.
The suit brought by Shepherd f. Knapp, as
Receiver Of the Bowling Green Savings Bank, against
Walter Roche for $4,000, alleged to have been unlaw-
fully appropriated by the defendant to his
concluded the Superior Court yesterday by verdict
against the defendant for the full The action,
which has been pending in the court since March last
year ago, begun on the 18th instant. After the
complaint brought, the plaintiffs got leave amend,
proving 81 80 in addition. Mr.. Knapp appointed
Receiver OF the Bank Nov % 1871 by order Of the
Supreme Court, the suit of James Lee against the
bank. On Jan 10, 1917, the suit decided in the
Supreme Court, and judgment was entered dissolvng
the corporation. Mr.. Knapp authorized
Receiver bring action for the protection and recovery
Of theprOpery Of the bank, and he charges that Mr.
Roche while vicePresident of the bank wrongfuly and
unlawfuly converted 10 his s66OO0 for which
Judgment is now demanded. Mr. Roche in bis defense
made general denial, urging that no was not Vice
Psden OF the bank up 70 the time of its alleged dssolu
ton by the judgment Of the Supreme Court but
contrary that he ceased be such President
November. 1871.
An important issue up early in the case, based
the testimony OF Wan. H. Doughty, Secretary of the
Guardian Savings Bank In the crossexamination Mr..
Carter for Mr. Roche, submitted two checks for
$1,000 EACH and small amount Of interest added. The
identified these checks two drawn by him in
his Ofcal capacity in favor of tina Bowling Green Saw
Tugs Bank, based on memorandum checks handed him
by Mr.. Roche against the atters private account.
He testified that these checks exactly the amount
Of two checks $4,000 EACH received from the Bowling
Green Savings Bank twenty days before but passed TO
the private lof MrRoche with interest for the
twenty days
The the opposite side interposed
OBJECTION TO this insisting that general issue OF non
be q In
aud prove that these two .cbecks were payment of
Two 10000 checks received. Judge Spier, however,
o'enmed the objection, and allowed the evidence.
Dunng the trial 1t appeared that Reeves c. selmes,
former Secretary Of the bank, who the principal
witness for The receiver, sued like Mr. Roche as
he had turned considerable OF real estate
and property TO the bank to reimburse for any claims
against himse Wi that the President of the bank the
aeeeased [olse ymnlssonsT Henry smith, had com
terms for similar claims against him He was to pay
$SVNO IN iull OF an demands against him-he claiming
10 be insoyent at the tmeSlO0O0 OF winch was TO be
paid IN cash. the remaining $4,000 instalmens good
ana sufficient security beng gwen for the balance OF
this $4,000, $4,000 was actually paid up leaving
balance ~ z ~, 81 ,,,,,iJ
u was also brought out the trial that 100000 loaned
by the Bowling Green Savings Bank 10 Inc Gnardjan
Savings Bank loaned by the latter Henry Clews
CO. at per cent transaction not IN accordance with
me laws relating To savings banks
III the claim agans Roche the OF Si1 l05 80 which
appeared upon the books having loaned 10 DIR.
a. Hawley Heath, Or. Heath testified that lac never
borrowed any money from the Bowling Green Savings
Bank and never received any from It. and the plaintiff
claimed that the books tempered with, the book
keeper beng Instructed put tue amount down. and
that II was aiterward paid out and repaid by check TO
MT EccesOn, broker, who acted for Roche, Smith, and
Selmes. The other items making up the claim were
various amounts paid upon the stock that pur
chased b. EccesOn for the including 300 shares Of the
Hannibal and 81. Joseph Railroad.
The jury found verdict yesterday for the receiver for
f406 Win the interest which Amounted l7165 CO.
making S94,573 30 in all motion made afterward
that Tie Court direct that the exceptions be heard at the
General Term in the FIRST Instance Judgment beng
stayed lille TINS motion Will be heard Friday at
)oVclOck Ia SPECIAL Term.