Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-02-08
SUING THE BANKS.

AT NASHVILLE, TUESDAY.
NASHVILLE, February THE following
is the bill which was filed in the Chancery
Court yesterday:
The Bill.
To the Hon. A. G. Merritt, chancellor, etc., pre-
siding over the Chancery Court at Nashville.
Tenn.-The bill of complainant the State Of
Tennessee, against the Merchants National
Bans' OF Nashville a Tenn; Q corporation , 10
Tenn.
Complainant the State of Tennessee, re-
| spectfully represents that the defendant is
national bank located at Nashville, Tenn,
and that it now IL, and ever since the LIST
day Of January, 1882, has been, public de-
| pository of the State of Tennessee. For the
six years Immediately preceding January
| 2, 1888, one Marshall I. Polk was the tress-
urer of the State of Tennessee, and at the
date mentioned he absconded and fed from
the State. During his term Of Office large
| sums of money as public revenue came into
/ his custody as treasurer, all of which it was
bis duty to deposit in some depository of the
State. He usually kept large sums OF money
| on deposit in the defendants bank, for which
| complainant is informed and charges, by
| agreement between them, said Polk was to,
| aud did receive, valuable consideration
| from the bank. Complainant further
| shows that the General Assembly of Ten-
nessee convened in special session April 6,
| 1882 and ulained in session until May %,
| 1882, when it adjourned. In pursuance TO
resolution passed at that session demanding
| it, Mr.. Polk as treasurer exhibited to the As
| sembIy report on the 18Th day OF April,
| 1882, of the money then in the treasury of
Tennessee, and it stated the amount to be
| $64S,974 70, but did not specify the amounts
| in the several repositories of the State.
Therefore a committee was appointed to OBJ
| tain definite statement, and TO ascertain In
what banks the money was deposited, and
how much was deposited in each. An ex-
animation of the pass-book furnished by the
defendant to the said treasurer, and Of ten
other books of the treasurer, as we'll as the
| statement furnished by Mr.. Polk, and re-
ported by the committee TO the General As.
sembly, on the 9th day of April, 1882,
showed the amount of S75,S77 So to be then
| deposited in the defendant bank to the credit
OF said Polk as treasurer Of Tennessee; and
| the report of April 18th was made upon the
basis that said sum was then on deposit to
| the credit OF said Polk as treasurer in the
| defendant bank.
Complainant is informed and charges that
| SIS, 877 88 in money and drafts, representing
the sum and equivalent thereto, were then
deposited for and to the credit of said Polk
as treasurer of Tennessee. Complainant has
II QemduutQ tue bdLue, duu u OUtdlu II pre-
sented checks therefor, signed by the treas
urer, and countersigned by the comptroller,
and in all other respects as required by law,
but the defendant has refused and still
refuses to pay $57, $50 of the same. The
defendant offers to pay 1882 88, but re-
| fuses to pay the S57 $50, and the latter sum
/ is Justly due from the defendant to the COM
plainsnt, and is still unpaid. Complainant
now further represents and says that said
Polk, at the time of his flight, was default
er, being at that time, by reason of his hav-
/ ing squsndered and embezzled the public
money of the State, indebted TO complainant
in the sum Of nearly 100000, and during
| the months of April and May, 1882,
tn roughout, he was defaulter to the
amount of at least S175,000. But the
fact that he was 8 defaulter at all was not
known to complainant until after an in
vestigation was made, when he was ab-
seconded in January last Complainant
i charges that if the defalcations of said Polk
had been discovered and made known in
April and May, 1882, the amount of at least
1926, 900 which be embezzled thereafter could
have been saved to the State. And COM
| plainant further charges that the defalcation
1 of said Polk could have been discovered and
| exposed to the said committee and the Gen.
eral Assembly at the special session men
toned but for the action and conduct of the
defendant touching the deposits made with
/ it by said Polk as the treasurer of Tennessee.
The defendant now pretends that said sum,
| S57 $50 (now sought TO be recovered), was
| never received by it, but complainant charges
this to be untrue, and also that defendant is
| estopped from denying that it received the
ssme. Complainant is informed and there
| upon charges and says that in order to
enable the said Polk to report the full bal
ance which ought then to be in the treasury
Of Tennessee, aBd to sustain the report as to
the same made April Is, 1882, the
defendant agreed with him to, and
then did acknowledge that the sum
of $75,877 IS was then in the said
treasury for the State of Tennessee, and
upon the same said Polk made the said re-
| port, and to anticipate and prepare for the
| Inquiries of said special committee, and to
enable the said Polk and the said committee
to make the report OF April q, 1882, to the
| General Assembly Of Tennessee, the defend.
ant charged itself with the sum of $57, $50
by proper entries and writing made by il, In