The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1889-05-07

posItor-if SD, what the nature of that
contract was-and if the contract had
been violated I? He considered that as
the bank authorized its officers to re-
ce;ye special deposits that the bank
WAS the depository and not
the cashier. He then went
into learned disquisition on
bailments from the highest, that which
amounts to absolute insurance, down
to the lowest that Of simple deposits.
If the bank derived no be left from
the deposit, il was To be considered
10 the nature Of a simple deposit and
they could only be answerable for the
same care of the deposit as they took
of their own specie. They could only
be answerable for such gross negli-
gence as is considered fraud in law.
If the cashier should have left the
bank with the doors open ard any per
son should have entered and stolen the
money then the bank would be liable.
The chief justice then considered the
question whether the bank did derive
any benefit from special deposits. 1t
had been argued that they could dis.
count upon them; but this from care
full examination of the statutes the
court were satisfied was not correct
1t Was further stated that such depos-
It's gave the public confidence in
BANKS; but any confidence derived
froI such source was fallacious and
deceptive, as the banks had
no right to open such deposits
for any purpose. From all
the circumstances and principles
in the Case he considered that this
bailment was conciusively for the ben
eft Of the dpositor and Was to be con.
sidered simple deposit. But the
great and only point On which the
court had hesitated, was the degree Of
liability of the bank Cor the doings of
the cashier. They considered that
thebark was responsible tor any ac-
Of its officers within the line of their
duty or scope of their authority.
Thus they were liable for general de-
posts, whether entered in their DO ks
or not, ar they are liable for the cor
rectness of the entries of their cashier.
They may also be liable for not CIV
ing due notice on notes left for coliec-
ton if they undertake to give notice
on such notes. But as the directors
If the bank had no authority to open
the kegs in which the deposit Was con.
tanned, they could not delegate such
authority to their cashier; be was
therefore acting out of his line of duty
In opening the kegs and of course the
bank was not liable. The bank does
not warrant the honesty of its officers,
it only warrents that they shall be
skillful in their employment. Judge
ment for the bank"
The following Sad" in the Nash
vile Gazette of 1921 gives a good
idea of the business of the day.
COFFEE, LOAF SUGAR. &c
"HE SUBSCRIBERS, have lately re-
- ceived on CONSIGNMENT. and OFF,
for Sale, a; low prices for CASH, the fol-
lowing articles, viz
IL Bbls. LOAF SUGAR,
20 do COFFEE,
u 81. Casks Cegnaic BRANDY, Jaimai-
ca RUM, Holland GIN, MADEIRA, Tene-
rife and Port WINES.
200 lbs. Spanish Flotant TNDIGO,
Hhds. Green COPPERAS
/ do Best Dutch NADER,
/ do Baske, SALT,
BbIs. PEPPER and Il ace GINGER,
3 Boxes Whittemore's Cotton CARDS,
do Fine HATS, assorted,
1 do Web ter's Spslling BOOKS.
ALSO,
$50 Ps. Super6ne CALICOES, handsome
patterns.
100 Ps. Cambria. Book, Leno, Jaconet
and fancy MUSLINS. assorted.
Ii Trunks Ladies Morocco SHOES, as
sorted.
Z Packages HARDWARE we'll as
sorted.
ARCHD. & GEO. MCNEIL.
Nay IFS 81.
The Knoxville Register contains
an address TO the public by John
Howard Payne relative to the out
RACES committed upon himself by the
Georgia guard. which is equal to any
thing of the kind ever delivered.
Here is small and worldly wise
poem contained in the Athens Repub-
lican of 1886, which is called, "Sav-
ing Counsel" and reads
whenever you marry" to his son pru-
dent father said
take for thy loving helpmate, one rich
widow, or rich maid
For any wife may turn out i'll, but CAD,
the noney never will"
The editorials were ably written in