Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1895-02-21

the remaining cases, through Ihe
Commercial Bank of Long lslsnd,
will settle up and dismiss them. This
will end long and expensive lot OF
litigation. The Commercial Bank
has lost by this unfortunate transac'
ton something like $4,000, a sum suf-
fcient to knock dividends for some
time.
STATEMENT.
The plaintiff in error brought this
case against the defendant as county
treasurer Of Phillips county. to re-
strain the collection Of the taxes for
the year 1892, on certain lands owned
by the plaintiff IN Phillips county, al
leging that the taxes had been paid
and receipt therefor duly issued,
but that the defendant had advertised
the land for sale for such taxes, and
intended to sell them on first Tues
day in September, 1893. A Temporal
ny Injunction was granted and there
after the defendant answered, deny
ing that the taxes had been paid.
On this issue the case was tried and
Judgment rendered in favor OF the
defendant for costs,
The principal facts as disclosed ny
the evidence, are, that the plaintiff
who resided at Long Island, near the
no rthwest corner of the county, made
arrangements with the Commercial
State Bank of Long Island, to pay
her taxes. On the Goth OF December,
1892, Giffen Culbertson, president OF
the bank, drew a draft on the Capital
National Bank, Of Lincoln, Nebraska,
for S69S.32 viii CHI he sent to the de-
fen dant as treasurer, together with a
list of property including that OF the
plaintiff, for the purpose of paying
the taxes thereon. This draft and
accompanying list were received about
the 23d of December, 1892. On or
about the Goth of January, 1898, he
endorsed the draft and deposited the
same in the Phillips County Bank,
which was the county depository OF
public funds. The Capital National
Bank, of Lincoln, failed on the 2lst
day Of January, 1893, before the draft
mn. -, scented. 1t is claimed on be-
% "%p r. p ,Ao -, '"titY, that the Metro
politan National Ball., .La
City, Missouri, by direction 0.
Long Island Bank, paid and took up
he draft, aud returned it to the Long
Island bank on the Goth of January,
1893.
Mr.. Culbertson testiftd that he
the Metropolitan National
Bank with the amount of the draft,
md that the Metropolitan National
Bank charged the Long Island Bank
With the amount of it.
Ga or about the lst of February, be
tates that he put the draft, with 9th
,rs, in his pocket, took them to Lin
,oln, Nebraska, and left them with
he American Exchange National
Bank, of Lincoln, for protest and COL
ection for his account.
On the 4th of February, this draft,
ogether with others, amounting in
Ill to So, 1886, were returned to the
Phillips County Bank, which present
I'd them for payment, He thereupon
drew his check as treasurer, for W.
1913 Sc, and took up the protested
drafts.
The drafts and endorsements there
On are as follows;
Commercial State Bank $685.
Long Island, Kas,, Dec. 20, 1892.
No. 14,730,
PAY to the order of j. A. Mercer,
Treas, ($69S,32) six hundred, ninety
eight and 32-100 dollars, in current
funds. CITIZEN CULBERTsoN, Pres,
$40 Capital National Bank, Lin
coin, Neb."
Endorsed across the face;
protested for non-payment, Feb. l,
1893. D. &. WING, Notary Public"
Endorsed on the back as follows;
"Pay Phillips County Bank, Phil
lipsburg, Kas,, or order, for collec-
ton, account of county treasurer of
Phillips county, Kansas.
ia. MERCER, County Treasurer"
PAY State National Bank, st. JOS
epb, Mo, or order, for collection, &C.
count Phillips County Bank. Phil
lipsburg, Kan"
N ,,lloot;op Tor oooOnnk nf