The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1878-04-17
LAMBERTvILLE. N. j.:
APRIL II, 1879

April term of Court on Tuesday of last week
hut two cases Of the civil list we're tried, and
the Grand Jury completed their labors on the
second day, having found ten bills of indict-
ment.
The first case tried was that of John RAM
sscy V. The Pennington National Bank. Ram
sey kept a large account with the bank, the
greater part of his deposits being notes,
which were discounted by the bank and plac-
cd to his credit. On the third day of May,
1877, note of John f. Hagaman for SO, 1884,
- at two months, endorsed by Ramsey, was
discounted by the bank and the proceeds
placed to his credit. Ramsey owned decree
against one Vanderyeer, son-in-law of Hag-
aman, on which execution had been issued,
and the property advertised for sale by the
Sheriff of Warren county ON May 10TH and
Hagaman gave this note, expecting to pur-
chase the property. Before the 10th Haga-
man changed his mind about purchasing, and
desired Ramsey to return him his note On
the 10Th of May this Hagaman note was de-
livered to Ramsey by the bank and four-day
note for the same amount, signed by Ramsey
and endorsed by II. A. Fluck, substituted in
its place. Clarkson G. Durham was Cashier
of the bank, and Peter l.. Emery President
and Teller. Emery took the Fluck note and
placed it in the safe. Ramsey took the Hag-
aman note to Belvidere, expecting the pro-
ceeds of the sale to satisfy his decree, when
lie would deliver the note to Hagaman, and
with the money obtained take up the Fluck
note. He did not find the Sheriff at home to
deliver the deed to the purchaser, and could
not get the money, but found the amount that
would be coming to him, from the Sheriff, and
settled with Hagaman, delivering to him the
So, 1922 note and taking from him a new
note for the balance Of his decree over and
above the purchase money. This note was for
Sits, and was discounted at the bank May 81,
and the proceeds placed to Ramseys credit.
On May Doth Ramsey was credited with the
check of the Sheriff of Warren county for
so, 931 81. AT various times between May
and October Ramsey applied to the bank for
Il rebate of interest ON the Hagaman note,
stating that he had paid it before due, which
statement was agreed to, and on September
II, II rebate of $1S.15 was paid him in cash.
About this time Mr.. Emery left the bank and
his position as Teller was taken by Louis An
derson.
On tho 9th of October Mr.. Durham stated
TO Ramsey that they had neglected to charge
up to his account the Hagaman note, and that
his account was short. Ramsey alleged that
he had paid it had his pass-book written up
to that date, and on October 10th drew a
check for 81, 295. 16 the balance appearing to
his credit by his book. In the meantime the
lIagaman check was charged up, and when
the check was presented it was protested for
non.payment and suit brought upon it. The
bank claimed in the suit some $500, The bal
apce in their favor after charging up the note
The theory Of the bank was that the deposit
of the Sherff's check for 81 ,931 81 was intend
ed to take up the Fluck note deposited in lieu
OF the Hagaman note that it was then sur
rendered TO Ramsey, and while credit was
given forthe check, the note was not charged
up. The deposit slip was in the hand writing
of Durham, who testified that he never saw
the Fluck note. Emery testified that he had
no recollection of seeing 1t after he put it in
The safe May 10Th. In one of the books of
tho bank-the tickler-Emery had written
the word paid opposite the entry of the
Hagaman note.
II. A. Fluck testified that on the afternoon
of The 28th OF May, Ramsey showed him the
note with his endorsement, stating that it was
paid and he could see he was released. This
occurred in the bank, and the not was there
torn up. The discrepancy between Fluck's
statement that the note was delivered to RAM
sey OH the 2Sth, and the fact that the So, S31.
81 deposit was on the Both, was attempted to
be explained by the fact that deposits receiv-
cd after bank hours are entered in the next
days business, and the superstition was that
this was case in point. This deposit was
entered about the middle of the days bust
hcss on the goth. The officers had no recol-
lection whatever OF the transaction, and their |
theory was based upon their books.
Ramsey testified that he paid the Fluck
note ON the 2lst, eight days before he receiv-
cd the ~, 93l.3 check of the Sheriff, and that
1t was on that day he showed the note to
Fluck, and the books showed that Fluck was |
in the bank ON the 2lst to make deposits. He
paid the note with money, or its equivalent,
he thought part of it was in foreign checks
This payment was made to Mr.. Emery, who |
delivered him the note
Both Emery and Durham testified positive
ly that Ramsey had never paid them the mon-
ey for the note.
The Court charged the jury that the burd-
en- of proof was on the bank ; that Ramsey
had the note, which was evidence of its pay
ment until disproved ; that the pass-book of
Ramsey was supposed to be correct, and was
strong evidence against the bank that the
fact that the Fluck note if not paid until the
Goth, was overdue aud protested, together
with other irregularities threw the burden of
proof upon the bank. and they must satisfy
the jury that their theory position was cor
rect. Verdict for defendant, 81 ,8S5.73.
Philip l.. Hawk v. James A. Insley ct al
lnsley, one Benward and Hawk signed note
which was protested and paid by Hawk. The
plaintiff claimed that he signed the note as
surety for Insley and Benward, and brought
suit against them together as principals
This note was given to take up one made by
lnsley and Benward alone, Benward being
surety for Insley. No defence was made by
insley. Benward insisted that he was not
principal as to Hawk, but was his co-surety,
and was only liable to contribute one-half the
amount of the note. The case was not tried
by the Court, who decided that Benward
could not be held as principal and was liable
only for the half.
The following persons were licensed to keep
Inns and Taverns
Alexandria-Chas. A. Robertson, Nancy
Emery, Isaiah g. Force.
Bethlehem VIM. g. Jones, Mary A. Smith,
Clinton--John w. Lowe, N. Boeman.
Delaware--Jacob X. Wilson.
East Amwell-Theodore j. Young.
Frankliu--Skidmor Wright.
High Bndge-Mark Devlin.
Kingwood-A. w. Baldwin.
Lebanon--Jos. Bonnell, James Smith, Ed
ward Humphrey.
Raritan-Wm. II. Force. Lambert Humph-