The San Francisco call., 1896-03-14
The Forger's Deposit Garnished
by the Croker. Wool.
worth Bank.
WHICH WAS DEFRAUDED
The Nevada Bank Has Been Sued for
the Amount of the Raised
Check.

The Crocker- w WooIworth Bank has COM
menced suit against the Nevada Bank for
the recovery of the $4,000 which it paid
Dean and his accomplices.
Several days ago the suit was filed by
Lloyd & Wood, attorneys for the Crocker-
Woolworth Bank, and since that time
about $1,000 of the amount has been recov-
cred. The recovery of this sum was ac-
complished very quietly and successfully.
When Detectives Seymour and Whitaker
went to Minneapolis to bring back Dean
and McClosky. they were accompanied by
the former office boy of Dean. He posi-
lively identified the men, and this fact not
only facilitated the extradition of the men,
but also satisfied Mr.. Maxwell and the
OF her officials of the Minneapolis bank
over to the Crocker- Woolworth Bank the
$1,000 which it held as deposit from Dean.
There Is, IN truth, quite an interesting
story In connection with the Dean forgery
case that has yet. to be made public, and
there is involved in it also quite an inter
esting legal question for the courts to de-
eide, quite aside from the guilt or inno-
cence of Dean. When Dean was first
arrested the Minneapolis Bank officials
announced that there was about $1,000 de-
posted there in Deans name. OF course
this sum rightfully belonged to the defraud-
ed San Francisco bank, but there was no
preclpltate haste made in claiming it.
For time no one seemed to want the
money. The Nevada Bank had lost moth
ing in the Dean transaction, SO it professed
no claim against Deans estate. The face
value OF the check was paid out by the
Crocker- Woolworth Bank. Still this bank
had assumed the position that it was not re-
sponsible for the big amount and there
fore it hesitated to seemingly abrogate it's
position by making a demand for the
$1,000, which, though small portion of the
$22, 200 check, was yet sum not to be
thrown away merely for the chance of re-
covering the whole amount
In its suit against the Nevada Bank the
Crocker- w oolworth institution disclaimed
all responsibility, and asked the court to
make the nevada Bank refund the full
amount of the Dean check.
The Nevada Banks answer to this suit
has just been filed by Attorneys Delmas
and Shortridge. This answer alleges, in
brief. that at the time Dean deposited the
$50, 900 check in the Nevada Bank he had a
legitimate balance there of $4,000; that the
Nevada Bank received the check merely as
Deans agent for the purpose of collection;
that under the rules of the Clearing house,
of which both banks are memb bers, it is
a
2 P. NJ, and if for any reason the check is
refused by the paying bank it must be re-
turned to the other bank before P. NJ of
the same day; that no money was paid to
Dean till the day after the check was de-
posted. when he was paid 5000, and the
check was not returned until about three
weeks after it had passed through the
Clearinghouse.
Upon these allegations of fact the Ne
vada Bank claims that the Crocker-Wool-
worth Bank was negligent in the matter,
and therefore solely responsible for its own
loss.
Before this answer was filed, however,
the Crocker-W Woolworth Bank, guided by
the legal acumen of Messrs. Lloyd & Wood,
began to have very large yearning for at
least the one-eleventh of a loaf that lay
within reach, and as preliminary meas
ure the $500 in the Minneapolis Bank was
garnished. II.
Yesterday the money was finally paid
over by the Minneapolis Bank to the
Crocker W oolworth Bank, the latter risk
ing the technical point involved. 1t is
definitely understood, however, that the
Nevada Bank will seek to take no advan-
tage OF this transaction and that whatever
matte rs are involved in any way in the
criminal proceedings against Dean and his
bank account will in no way affect the
status or bearing of the civil suit pending
between the Crocker- w oolworth and the
Nevada banks.