The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-01-14
A %rRouRLEp nANK.

The Worry Caused the First National
Hank OF XenIa, Ohio, by The Wrons
Doing offs Late Cashier.
XENIA, o., January 1.-THE troubles oil
the First National Bank Of this place,
arising from certain irregular business
transactions I their cashier F. A. Mcclure,
nov deceased, seem never to reach the
end. The latest is the suit Of J. q. Rust
VS.. The Bank to recover certain bonds de-
posted with the bank for safekeeping,
amounted to $500. After the death Of
Mcclure 1t was discovered that these, with
a great many other bonds, were missing
and nothing left by which their wherea.
bouts could be determined, hence this
suit. The case has occupied the attention
OF the court for three days, and on Satur-
day evening resulted in q verdict for the
bank. This is only one OF q series OF cases
that have been entered against the bank
for the recovery Of missing bonds, several
OF which have already come to trial, and
in every case have terminated In o verdict
for the defendant.
The case Just closed was q peculiarly in
teresting one, and has attracted consider
able attention. The plaintiff in the case,
j. G. Rust, was at one time q prominent
boot and shoe dealer OF this place. A few
years since he became very incorporate,
and in o great Measure left his business IN
the hands Of +. A. Mcclure, the banks
cashier, and finally discontinued business
entirely. During the Murphy movement
he was induced to sign the pledge, and
has remained one OF the faithful. This
was about the time OF the death Of Nc.
Clure, and the beginning OF the banks
troubles. Rust, in looking over some Of
his old books and papers one day, came
upon something which he thought indi.
Gated 10 him that he had several bonds
and a balance to his credit in the First
National Bank, and presented himself
at the counter and presented his claims.
He was informed that he had neither
bonds in the vaults nor n balance on the
books Of the bank. AS others had suffer-
ed loss, Rust concluded that he was also
victim to the peculiar business transac.
tons OF the deceased cashier, and imme-
set about to discover any evidence
might be obtainable in this case. In
q further rumagc among old papers and
no thought he discovered certain
checks drawn and paid, from his deposits,
not authorized by him. Here was a clear
case, and he Immediately entered suit for
the recovery OF what he deemed properly
his own. The case came up for trial as
stated. All the testimony tended
to showthe claims were imaginaryclsims
in the mind Of the plaintiff, and resulted
in an easy verdict for the defendant.
These suits have been a source OF end.
less trouble to the bank, never resulting in
n verdict against them, yet calling forth
unpleasant matters and Gripping business.
OF all the missing bonds left with the
bank, about one:half have been traced,
procured, and returned to the owners.
The bank claims, and the juries in all the
CAGES SO far tried have decided, that the
bank was not responsible for private pa
pers left with them. They were left with
The bank for %safekeeping, rs the private
papers OF the owner and at their own
The directors Of the bank have shown
to be well disposed in every
case where funds or papers are missing.
Although not legally bound To make the
good, they have offered TO
all at fifty cents on the dollar. This
proposition has been accepted by some,
have deemed it best to go to the
courts and abide by their decisions. The
,ases are peculiarly interesting, for the
reason that no similar ones have come be-
iore the courts in this State. Two espe.
sally interesting points came up: First,
IS u bank responsible for funds and papers
with 1t in trust; and second, is the
bank responsible for all the business Of the
transacted in his official capacity.
These arc important questions, because
establishing precedent, in their decisions,
hat may be Of great consequence in after
iears In court decisions. The bank 80 far,
however, comes out the victor.