The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1894-05-31

bank is not liable. In order that the
certificates sued on shall be considered
as evidence of Overman's personal debt,
it must be made to appear that at the
time the plaintiff delivered the money
to him he knew that Overman was get.
ting it for his own benefit and intended
to deprive the bank of it, and was
attempting simply to pledge the credit
of the bank for an obligation which was
his own.
;, If after full, fair and careful consid.
Grafton of all the evidence in the case,
and bearing in mind the rules of law
laid down for your guidance, you find
that any of the transactions between
the plaintiff and the officers of The Citi-
zens' National Bank, which enter into,
and go to make up the several certif.
Gates sued upon, or any of them, con-
stituted a deposit in said bank, the
plaintiff should have verdict for the
amount for such deposit or deposits
And if any of such certificates of de.
posit had included in them interest on
such deposits in excess of the rate
authorized by the directors of said
bank, the allowing of such unauthorized
rate OF interest would not vitiate the
whole certificate and defeat the plain.
tiff's right of action altogether. There
would, in such case, be valid deposit
of the actual amount of money received,
and only so much of the transaction as
related to interest would be void.
On the above state of facts, the plain.
tiff would be entitled to verdict for
the exact amount of money deposited,
with interest calculated thereon at the
rate of six per cent from the date the
bank was taken possession of by the
government, which the evidence shows
to be on the 9th day of June, 1898.
But if such transactions were in fact
loans to said bank and we're authorized
in the manner have instructed you, it
is required they should be authorized in
order to render them valid, or if such
loans were received by the bank, and
the directors with full knowledge of
the facts acquiesced in such loans, then
the plaintiff should recover on such
loans, according to the terms of said
loans.
But if the plaintiff has failed to satisfy
you, by preponderance of the evidence,
that any OF such transactions were law.
full deposits in said bank, or authorized
or valid loans to said bank, then your
verdict should be Tor the defendant.
And now, gentlemen of the jury, this
case is submitted to you for your deter
mination. You have heard the testi.
mony from the witnesses, and the law
of the case from the Court. 1t is your
sworn duty to determine the issues sub.
mitted to you according to the law and
the testimony in the case, and without
any reference to the effect your verdict
may have upon any individual, or num-
Der of individuals. You are not called
upon to condemn or excuse any one,
but the parties have the right to have
the case decided upon the testimony
and in conformity to the law as declared
by the Court.
Your verdict when agreed upon should
be reduced to writing, and signed by
one of your number whom you will
select asdoreman.
Written forms will be furnished you.
You will now take the case
May Goth, 1894.
CYRUS NEWLY, Judge.
The jury returned verdict of $9, ,032 90
for the plaintiff, which is the actual
amount he had put in the bank, minus
all interest until the closing of the bank,
after which six per cent. interest was
allowed. The bank receiver has made
application for new trial, and the
probabilities are that the case will be
carried up through State and Federal
COurts