Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-12-14

the firms funds for private debt could be eth
er expressed or implied. Custom made the
latter, and this was shown to be common with
both partners in the firm of Strong & Anderson.
To be sure, Strong had used tho firms funds, but
surely he had authority, by the fact Anderson
did the same. And after all the sums thus
used, and traced to Strong were 1890 or 80,
while his debts to the bank amounted to
$4,000 and in the East $5, 900. Again in ev-
cry instance that Strong used these small
sums they were charged to him on the firms
books. If Strong hadn't charged himself, An
oerson had claim against Strong, but in no
way against the bank.
As to any claim at all on the part of Ander-
son, counsel contepded that he could set up no
claim at all. In fact the suit was ridiculous.
Counsel explained it by saying that profits
were not big enoug h for Anderson and
ne became so disagreeable that
Strong had to dissolve the partnership.
As for that matter, Anderson had no more
right to complain of Strong being in debt than
Strong did of Anderson, for Anderson's capital
was borrowed of his father-in-law. With a feel
ing that he wasn't doing we'll, and why should
he expect to do better on bis small capital,
Anderson conceived that he had been wronged
by Strong, SO claimed and complained to Hor-
ace Thompson. And he wasn't Obstructed in
making an investigation of the banks book.
Anderson investigated and the suit was
brought. On what? An investigation by An
derson, who knew nothing about books, nor did
MIR. Pierce. They then bring :. suit, not know
ing for what, and they don't know now. Upon
such conditions as these the plaintiff brings his
villainous charge against the First National
bank and its management. On the other hand
counsel called attention to the books of the
bank, and said they were wonders of accuracy,
which had enabled every item to be traced
down to the point where it was eliminated
1nh oil fbn e
etc. And this trailing had shown that
Strong was charged with every sum,
and thus Anderson was reimbursed, so he was
at no loss at all. In other Words he had no
case. So what claim has he on the bank?
Does he want it all paid over to him again,
after his settlement with Strong? The thing
is ridiculous. The accounts have been adjust
ed and Anderson agreeing to them, he is paid.
In coming to the question of the statute of
limitation. counsel said that if a man had a
claim against another and didn't enforce it
within six years, he ought to lose it.
AS applied to this case banks of all others
ought to interpose this plea, owing to the
complicated nature of their business, in re-
ceiving and disbursing. Banks require a
monthly settlement and it has been shown
that the defendant did this with Strong &
Anderson, and there was no dissent.
1t is rather late therefore, for Anderson to
come in and declare that he didn't know any,
thing about his own business, when he was
given the opportunity to learn about it every
month for years. Beyond doubt the case
was barred by the statute of limitation, and it
was the jury's duty to declare. Counsel
closed by saying he believed the court would
instruct, SO that plaintiff would be blown into
thin air before they got margin of their
claim.
MIR. PIERCE s ARGUMENT.
Mr. Pierce, in replying, said opposing coun-
sci talked as if plaintiff should be punished
for daring to bring the suit. 1t was his pur.
pose to confne himself to facts, and in accord
ance with this expression Mr.. Pierce
gave history of the case, as
submitted in testimony. Counsel claimed first
that the partnership was induced by Mr.
Thompson's representations. He declared
Strong was financially sound, when in fact be-
Thompson, did know, or ought to have known
that Strong was IN debt, and to him, Thonap.
son. Mr.. Thompson's knowledge should have
come from his bank accounts with Strong
Richardson, they doing their business with
him. Again, when Anderson had found at the
end OF the first year that debts were accumu
lating, even in the face Of great sales, he went
to Thompson. He got assurances again from
him that it was all right. If it were not tina,
as in fact all Judge Flandrau's clients became
SO soon as they got within the
shadow Of his tutilage, he'd believe
Thompson was tempted by the devil in repeat
ing frequent assurances of Strong's solidity.
For all that we have the record of only one
man, up to date who had resisted the devil, but
Judge Flandrau had given another one to thu
catalogue, and that man was Horace Thomp-
son.
Counsel reviewed Horace Thompson's con
duct in the whole affair, and unhesitatinely
declared it in keeping with a transaction which
had defrauded Anderson, knowingly, out Of
his money.
Again, in abiding to an interview had b,
Anderson with Thompson, at the latter
house, where Anderson taxed Thompson will
having robbed him, and Thompson, gently re.
monstrated, saying: Keep quiet, Anderson
keep quiet, act like man, and don't max,
your troubles known. It's over, so bear il
like man." And then, in genial spirit,
offered Anderson glass Of wine.
Dropping Thompson r. O. Strong was taken
up and painted as falsifier when not OH oath
and therefore when under oath was not to be
believed.
Counsel commended his remarks were neces
| sary to show why the suit was brought. 1t viii
be remembered that Thompson gave Anderson
the opportunity to investigate the bank.
books for short time, and then withdrew hi
permission. The bank denying relief, Thomp
son declining to give explanation, nothing was
left but to bring this suit.
Counsel followed by reviewing the testimon.
in detail, and commended that the proof was alb
solute and uncontradicted that fraud had beer
perpetrated, and the defendant was responsible
Counsel here switched off and closed by Civ
ing the law points involved, and addressin,
himself to the court said and commended by cita
ton of authority, that the law "was on the sid
of the PLAINTIFF
THE COURTS CHARGE
was long and exhaustive, entering into de
tailed account of all the principles of law in
volved, besides a review of the evidence.
1t was seemingly accepted as highly satisfac
tory by the counsel OF defendant, who had n,
exceptions to make.
The plaintiffs counsel took a number of ex
ceptions, which were noted, and the case was
given to the jury at 5:45 o'clock P. II.
The court proposed to adjourn, and asked i
a sealed verdict would do.
Judge Flandrau smilingly remarked that hi
thought wait of five minutes would finish tn
case.
The jury took another five in addition t,
that allowed by Judge Flandrau, and at tn
expiration of ten minutes returned into cour
with verdict for the defendant.
THE ARMY. D..
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