The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-09-06
aot know that George b. Loving 4 Co.
IrIed TO collect this check: Mr.. Hard

not know that George b. Loving 4 Co.
Tried to collect this check; Mr.. Hard
ing was at the bank; do not know
whether u was presented to him or
not; told Mr.. Robinson of George Ii.
Loving q Co., on the day before the
money was taken out OF tho bank that
lGethiug had deposited a New York
exchange At the Fort Worth National
bark, and that Gething's check
for $500 would be good;
Mr.: Gsthiug's check In favor Of George
b. Loving 4 Co, was drawn and pav-
ment stopped ON the 2tof April, ac-
cordiug to my recollection; Mr.. Robin.
sou urged that the check was certi-
tied one; ! think Mr.. Garner was pres
ent:I think MIR. Robinson aud Mr..
the bauk on the morh,na
tho draft was paid; think it was tho
morning OF the 81 they came into the
bank 10 SEQ about the refusal to pay
the GDthing check; Robinson and Gar
nor were in and out for two days;
can't say positively asto any date they
were in there; do not rsoollct
whether all tneso conversations 90.
Cured ut one place In the bank or not.
The following In u copy OF the bill OF
sale and check referred TO:
BILL OF SALE.
| Stats of fTexas-County of farrant.
| Know all mon by these presents,
th at l, Jerome Harris, OF the county OF
rsrrant aud State aforo said, for aud in
consideration of tho sum of IS, 500, law
ful moAey of the United States. TO mo
paid By George B. Loving & Co., tho
receipt whereof Ia hereby acknowl-
edged, have bargained, sold aud con-
veyed the following described psrsonal
property, t0-wit:
One thousand head of steer yearlinx
cattle iu various marks and brand. /,
and all road-byanded thus: o on lott
side. Said cattle to 10 au average OF
cattle raised In Palo Pinto and adjoin.
ing counties, and to he delivered ut or
in ths vicinity OF Wichita Falls be-
tween tho 18th and 30th of May. 1885,
to have and to hold tho same unto tho
said George Is. Loving 4 Co., his heirs
: and assigns forever, and bind myself
to warrant aud forever defend thu titls
tn the said properly unto the said
, George b. Loving l. Co., hls heirs or
assigns, against every person whom,
snever lawfully claiming or to claim
, the same or any parh thereof.
: Witness, my signature, this, ,3i day
) of April, A. ID. 1885,
3 [Signedl JEROME HARRIS.
/ Signed aud delivered In the presencC
: of JOHN o. FORD,
NJ. NJ. FRENCH.
l CHECK --SS, 500 - THE TRADERS MA
! TIoNAL' RANK OF FORT WORTH.
FoRr Worn, Tex, April 3, 1885. Or
d. account bill OF sale attached, ss sigh
I, pay to tho order of ourselves $500
t with exchange, for value received
r sud charge to account of
a GEORGE B. LOVING Il Co.
4 70 Fred \. Il. Getoiug, Esq, at For
. Worth National bank, Fort Worth
: Texas.
y n. HARDING:
1 Am cashier OF tho Fort Worth Nj
9 tiopai bank; rem ember the transaction
4 whersia draft drawn by George B
4 Loving & Co. on Fred J. Il. Gethin,
i tor $500 was presented by John o
t Ford aud paid by me; think that OF
g the day before Gethiug came In aut
I stopped payment of his check for 49,,
i 500 to the order OF Loving IL Co, be
tore tho payment OF tho draft, writer
: instructions from Mr.. Gcthing wer,
u handed me, providing that the money
l houli only be paid cut upon th(
9 draft being accompanied by q bill o
z sale for oRttlo on basis OF So 80 ps
q head; psid the money In accordance
y with the written instructions OF Mr.
e Gething; Thought the papers were Il
r. accordance with the letter of instruS
10 tions whom paid tho money to MI
s- Ford.
Df J.w. ZoGK
10 was Interested with Jerome Harris 4
10 buying cattle In the spring OF 1853
1t cattle was bought in the latter part I
/; April or May, In Lsmpasas county
II did not know Of any other cattle Ha
1t ris had during that time, except whs
p We bought together.
The next witness put upon the stan
n was
o, P.J. II aETHINa.
20 am making my home at present |
n Fort Worth; | am from England;
Z; tirst csmo TO Texas last October; u,
Q acquainted with Mr.George b. Lovin,
% l am acquainted with Mr.. w. A. us
p ner; | signed writt0n contract wit
r. Mr.. Loving IN the latter part of Feort
IN ary for the delivery OF 1000 head OF ca
v tic Nc or nesr Wichita Falls; this cor
III tract was made In Geftins IL Bob0's OF
70 iice, Austin, Texas; there was no!hin
about bond mentioned In ou
,r written contract; / told Mr.. Loyili
l that didn't know him any more tina
Df he did me, and that I couldn't pai
" With my money without bond; MI
y Lowing replied that Il was not his Gus
tom to give bonds; he said he coul,
Itve mo oond ta9ro In Austin, but h
10 would much rather walt until ho 90
- tu Fort Worth, "a ull the banks kns,
10 hin there, aud he could give me al
~ tho bonds j wanted; it was thel
d agreod that 1 should hsvo bond whe
l. got up 10 Fort Worth; then W
,i s,gned Tho contract and | paid hin
= Sl,OO. down 70 show my good faith Il
!. tho contract, and op the lst OF April
l. wa topay him tho further sum o
= 50 500 aud receive tho bond; tim
: ended my connection with Mr.. Loyin
10 then; on tho lst of April I went 1
d Mr.. Lovine's Office In Fort Worth anc
o asked 70 SEQ Mr.. Loving, and hsy sal,
q ho was away NJ Austin; saw MI
q HDblnaon then and told him my busI
~ moss, aud that had come to pay IN
o money on tho contract; this was Mr.
II ID. A. Robinson; Mr.. Robinson sale
o thst all no know about tho transaction
q was that no Was to receive the money
,, ] asked him II there was any bond
}, forthcoming, and ho said no had heard
. nothing NJ all about bond: then
II told him that refused 10 pay
!. the money until my bond was
q forthconing; thon Mr.. Robinson or
Mt. Garuer, 1 can not swear which,
said that thoro was bill 10 meet nj
a tho Traders' National bank for cattle
, bought In Stspheus county TO fultlll
J. my contract; 1atlll refused to pay, aud
4 they tolegraphed Mr.. Loving; Mr..
Loving wired back, "Gething must
r pay or forfait;" ] said would seq
D whether l must do anything or not,
aud IL my bond was not fortho ,ming
should sue them for 81 600; l received
telegrani from Mr.. Loving that Il
: tho money was not paid it would Bo-
riuuHly Interfere with hia ARRANGE.