New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-22
A LEGAL POINT AS TO ACCESSIBILITY.

A LEGAL POINT AS TO ACCESSIBILITY
| Judge NeilsOn-Well, that presents thia
question: whether the particular suggestions instruo
tons which the firm of Woodruff Robinson may make
to of their employees in sending in check to be On.
tered to be received against anybody except them.
selves that is all there Is about it,
Mr.. Evarts-If your Honor please, have shown
rssy that is not their handwriting, does 1t pro-
| coed from them.
Judge Neilson-It does not appear that IL don't pro-
coed from them They received the check from the
hands Of somebody, and passed 1t to tho hands Of tha
clerk, cashier.
Mr.. Evarts-They received it from Mr. Tton that has
been proved they received the check from Mr. Tlton
Judge NesOn-Yes, but it nowhere appears that they
| received it with this memorandum. .....
Mr. Evarts-And they put in the course Of deposit
Judge NeilsOn-Yes.
Mr.. Evsrts-And the channel Of deposit received it
from OF the firm with this paper with It. II attends
the check 1t describes the check in the character that It
gives to the money transaction that is what it does.
Judge Neilson-And for aught know 1t originated
after the check had been in the hands OF Woodruff
| Robinson.
Mr.. Evarts-We think not. l t
| Judge Neilson-For aught We know 1t appears so.
Mr.. Evarts-If Honor absolute verify. IN.
capable OF contradiction ,...
Judge Nclson-No, don't; mean for all that now sp'
| pears
Mr.. Evarts-By all that appears: IL your Honor
please respectfully submit that IL appears that " oame
| TO the firm Of Woodruff Robinson
Judge NeilsOn-NO. .H
Mr.. PryOr-Your Honor will please bear in mind that
our objection does not hinge exclusively upon tho Aoe
that Mr. Tlton is connected with this memorandum.
Our objectionable strenuousness Of objection the
| upon which roly-is that this thing, even IL
properly proved and connected with Mr. Tlton. wholly
| immaterial to this issue. tr
Judge Neson-so understood Mr.. Beach, and so un.
derstand you.
Mr.. Pryor-Yes Sir. l. I..L
Mr. Evarts-wcll, they may think the check ia immats
rial for aught know but that question have passed
! Now, Sir. Mr. Tiltons handwriting IL not A
Judge Nelson-Now. whom Mr. Tilton received check
for 81 900 from Mr. Bowen, he had right to do with IL
precisely what he pleased and he chose to deposit il
with this firm. n he gave any instructions Whatever.
that immateria IL has effect upon this defendant
Mr. Evarts-I don't know that; 1t Ia not squeston Of
effect the defendant: II Is question Of effect the
plaintiff. Lam proving 1t against the plantin. a5 e..
Judge NelsOu--I do not see how that " proof. ,
Mr. Evarts:-That would depend. think. very much
what Is here, II your Honor places on the ground
which my learned friends apparently do not wish W
stand upon. that 1t Is not Mr. Tiltons hsndwrting-
Judge Neilson-No, don't say merely don't know.
| and that for aught that appears
| Mr.. Evarts-T say II your Honor puts II urcn tnae
ground, upon which apparently my learned friends do
not wish TO stand that Is not Mr. Tltons Handwriting
| as yet that Is one thing ..ul 9.iA t.-. no
| Hss kiaeh eaAss ..' nisual rll