The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1890-03-22
a QUEER CASE.
The Courts to Determined Whether a
Draft Marked Paid Was Paid.

SKowHEGAN, March 21.-A queer case is
soon to come before the court in SkowhegaD,
one in which no less than seven lawyers
will be interested, and involving the amount
of $4,000. Brown, Steese & Co., of Boston
owed one Pinkham of Somerset county. Si.-
900 for wool, and in payment sent draft
upon themselves, which Pinkham took to
Skowhegan bank, asking for small bills. The
bank did not have just that amount in that
shape, but the cashier said If Pinkham
would pay the teegraphic cost a message
would be sent to the Exchange bank in Bos-
ton, asking for the small bills. This was
done. After the sending of the telegram the
draft was charged to the Boston bank and
then forwarded, and about the same time the
CHARGED cts %ele to tSat banE The Bills were paid
over to Mr.. Pinkham, who at once distributed
them among the wool growers of that thriv
ing county. The draft reached its destina-
tion safely, was taken down to Brown,
check on the Bank Of Redemption. the draft
was stamped "paid" and left with the firm.
That day Brown, Steese q Co. had S2O,-
600 ON deposit in the bank on which the
check was down. The Exchange Bank noti-
fed Skowhegan the draft had been paid;
later Pinkham was so informed and the
transaction was regarded as closed.
Following a usual custom the Exchange
Bank allowed the check to go through the
clearing house, and when. day or two
later, It was placed before the Bank of
Redemption people, they said Brown. Steese
& Co. had Just failed. The $4,000 deposit
against which the check had been drawn
was still there, but the Bank OF redemption
had covered it in for an old debt Then the
check went back to the Exchange Bank, who
sent it down to Brown, Steese a. Co., asking
for the draft in exchange for 1t which was
refused. But later, after the bank people
had signed an agreement to return 1t when
called for, they were allowed TO take IL, ana
this they did, sending it to Skowhegan with
the statement it had not been paid. The
cashier saw Mr.. Pinkham, told him the
draft had not been paid, whereupon the
wool merchant made the amount good
Later, an investigation brought out the
above facts, and Pinkham now claims the
draft was paid when the Exchange Bank
| stamped it paid and left it with the
makers, taking q check in return, which
would have been cashed had 1t been pre-
| the day following. Defence invokes the
usual custom Of dealing with the clearing
| house as "due diligence" but do not explain
| how a draft could be stamped paid" when
| not paid.
An Old Case To Be Settled.
| WATERvILLE, March 21.--The Gilmans,
| famous for generation for land and other
legal fights, are just now at loggersheads
with the city fathers on the question OF VINO
| owns certain portion OF the city common
and three Judges of the Supreme judicial
| Court win be here on Tuesday next, who
will. as referees, determine the matter. The
dispute involves the location Of the line Of
the common, the city's right 70 - maintain
| Gilman's right of way to his land 1t is
agreed to submit the disputes to the deter.
mination and award of Chief Justice Peters
and Associate Justices Emery and Haskell
Judgement rendered upon their report or q
majority of them to the Supreme Judicial
| Court OF Kennebee county, within one year
from this date to be final; costs to be award
ed by the referees in their discretion a.
shall seem equitable.