New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-10
THE SUIT AGAINST THE BROADWAY BANK

THE SUIT AGAINST THE BROADWAY BANK.
A MOTION FOR BILL OF PARTICULARS IN THE SUIT
For OVER 0O,0OO-THE QUESTION INVOLVED
IN THE LITIGATION.
A motion for bill of particulars in the suit
OF the Mayor against National Broadway Bank was
made Yesterday before Judge Lawrence in Supreme
Court Chambers. The suit was brought for s6504,0O0
principal and 100000 interest, under the per cent
agreement of the banks with full interest the princ
July 1874 and the interest since it accrued
The complaint out the appointment OF the bank
"a depCsitary OF the city and county moneys IN 1868,
and it's agreement 10 paw ont such moneys only In the
manner provided by law and TO pay interet on such
deDosts It then sets ont that, such depOsitary,
received sept 49, 1868 TO May 1879 on account OF
me city IL then alleges the defendant
between the dates mentioned "duly and properly
paid out of, or on account OF the moneys received
az aforesaid, warrants or orders drawn upoa
manner aiorrsaid and signed and eonntersigned as
afoTesad aud upon warrants or orders drawn said
bank as aforesaid. for the purpose of TRANSFERRING
moneys aforesaid, SUMS OF money amounting ~ tue
aggregate to 10 n0Fe than ue sum Of ss2oVOC1o leav-
ing uudrawn and uupdid the sum OF slOoiOOO OF tue
principal deposited, and the sum OF $1,000
average daily balances, the aggregate sum deposited as
Aforesaid" II goes on 10 al4ege tue app0lhnaut OF
other banks rs depOsitaries ~ June, ioa su NC v,
such new depOsitarie, JHly 7. 1874 ior TIE ABOVE
balances ana the banks refusal to pay them IL then
makes similar allegations tue county moneys de-
posted with the bank. hXinc the amount deposited on
county account az sie9Ooo'0oo the amount duly aud
pruperly paid by tae oak at 1863. 5OO.00 aud the
deficiency at sooCoo0 principal and 10000 interest
On the motion yesterday Judge Emott council for the
defendant presented the affidavit Of Francis A Palmer.
President Of the Broadway Bank which, admitting that
large sums mad deposited IN the bank, says that al
the moneys deposited paid warrants 10 proper
form. II asserts further
All of which said warrants and orders we're paid by
defendant usual proper course OF business.
anon checks warrants purpOrung 10 Do Properly
drawn anu cuuntcrsIgned and Endorsed by the proper
mdOrs.rs thereof. aud that no moneys remain Ia the
defendant appear 10 80 remain uOn us oonks
thai deposited WIN defendant as afOtcsald, or
that bclong piaIuuRs thlt lhe number of saeh
warrants orders drawn me Chamberlain curing
the tne amounts 60l5s. and that TIC Ihp
Ser VI warrants orders Dy the County leas'
urer during That perISd 3cl2 that the ente sun
OF money deposited drfcBdsnt during the pefoi
bv the City Of NcwY0rk Is 2Ii,22Ao'S' sIt
ei winch has been witAdrawn "a A0~s"s, aha
bain oct by gefehdAut III the USUAL ana IroptI
business and tiat tae ente amount 81 mgnevs
tied Ia defeuaaut County Irelsurcr is eoi,-
sT8uz6-.n of which h.s been wllhurS" az pah Vdt
6y tur defendant aforesaid Ihr amua'Il lurtder
s.ys thai tne peFsDn niakYg Dc does not kuoI shae
NANCY. aenu,ted wi.n defendant are esi1ued NOT 30
nave been pald a. he pIr;ies named va toe warrants,
and na no means OF ainSE since all the wafr t'
,r y,ncpeIs except re transfer cheeks. are Ia
| po,sersun OF tae pIs ntn .'
Judge EmotI argued taHt Though this case Was in form
for tho nol pay Dc poased noneys. the iact
cell known auo ar. Palmer -fi1svt not Dsing
MED 10 wax ooDoedod tnst ine al ~ tua