The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-14
MUST FIRST GIVE NOTICE.
JUDGE sPEER on NATTER OF
COMMERCIAL LAW.

Another One 1enr-h est JOHNSON
Convicted of Stealing Rope From
Fort OEIetbOrPe-The Steamship
81. Hubert Gives BOnd-A Quiet Day
in the State Courts.
Judge speer decided an important case
yesterday. the practical point being that
without notice the acceptor OF an indoors
ed note is not bound by the equities that
may exist or may have existed between
the original parties to the transaction.
The case was tried before a jury, but
the court directed verdict.
The suit was that of the First National
Bank Of Brandon, Vt. against a. Kaiser
& Bro. of Brunswick, on two notes aggre-
eating 5000 principal. These notes were
made by a. Kaiser & Bro. and were pay
able to the order of Lloyd & Adams.
The defendants claimed that Lloyd came
to them and told them that one of the
Brunswick banks was about to fail, ana in
the event it did. run on the Brunswick
State Bank Of which Lloyd was president,
and in which he was largely interested,
would be precipitated; and desired Kaiser
& Bro to make these notes as accommOda-
ton makers to be used for the purpose Of
increasing the credit of the Brunswick
State Bank with its eastern cOrrespon-
dent
The defendants made these notes, it was
claimed, with this understanding and with
no benefit of any sort to them; and said
that Lloyd, after getting the indorse-
ment on both notes by the Brunswick
State Bank took them north and pledged
them to the Sprague National Bank in
Brooklyn as collateral for the indebted
ness of the Brunswick State Bank to the
Sprague National Bank. The defendants
further claimed that the Indebtedness Of
the Brunswick bank had been settled in
full, and the possession of these two notes
by the Brandon bank was unlawful ana
in fraud of their rights.
The plaintiff proved by its president that
before the maturity of these notes LLOYD
brought them TO the Sprague National
also president of the Brandon bank, stat
ing that he, as president of the Bruns-
WICK state Bank, held and owned these
notes and proposed that the Sprague bank
help the brunswick bank by further ac-
commodation. Mr.. Sprague agreed to DO
this, provided he would leave the notes
as collateral not only for the indebted
ness Of the Brunswick bank to the
Sprague bank, bdt also as collateral for
the indebtedness which Lloyd owed in
dividually to the Brandon bank, and this
was done.
At that time and at the time of the
trial the Brandon bank held Lloyds notes.
that the Brandon bank the plaintiff as
the holder for value of these notes, was
not charged with any notice of any equi-
ties between the original parties to the
notes. and Mr.. Sprague's evidence being
undisputed, the plaintiff was entitled to
a verdict for the amount sued for. The
amount included about $500 interest be-
sides the $1,000 principal.
The plaintin was represented by Messrs
Denmark 4 Adams of this city and Judge
A. J. Crovatt of Brunswick, and the de-
To- nd
and w. G. Brantley of Brunswick, and
Lester & Ravenel of this city.
The British steamship Saint Hubert
against which a suit for libel was filed
in the United States court by attorneys
for George Williams, colored longshore-
of 5000 and prepared to sail for BARGE
Iona. The defendants, the British and
Foreign Steamship Company, owners of
the steamship, through their counsel,
Messrs. Garrard, Meldrim and Newman,
filed an answer to the libel, in which it
was stated that the loading of the ship
petent stevedore, Mr.. r. F. Har-
mon, and that Williams was
one of his employees. The only employees
of the ship concerned were the men run
ming the winches, il was stated, and they
worked at the orders of Mr.. Harmon's
men. The mates were on hand, fore and
aft to see that the loading of the ship was
done in manner to make her safe for a
sea voyage, but outside of that it was
stated no member of the crew had any
thing to do with the loading. The answer
practically claims that if there was any
responsibility in the case at all il de-
wolves upon the stevedore. The suit will
hardly be tried at this term. Messrs. Les
ter IL Ravenel. and SeabroOk q Morgan
represent the plaintiff. who claims to have
been injured to the extent OF 5000.
Alfred Kirkland. who was charged with
making and passing counterfeit silver dol
lars and quarters in August 1898, and who
was indicted on those charges in April,
1894, found himself a free man yesterday
and at liberty to go his way.
This came about from two causes First
he gave material aid in the collection of
evidence which secured the conviction of
Jack Collins of Emanuel county, and VIII
liam w. Bird of Bulloch county on the
same charges of counterfeiting; and in
the second place II was made TO appear
TO the court by Mr.. William H. FORSYTH
operator Of the secret service that he had
fully investigated the case and that he had
been unable 10 procure evidence sufficient
TO convict him. These facts were en-
bodied in am order of court nolle pressing
the indictment against Kirkland. He was
bond cancelled.
Collins of Emanuel pleaded guilty upon
the second and third counts of the indict-
ment against MIN, and Bird of Bullock
pleaded guilty to the first, and second
counts of the indictment in his case Both
were charged with making and passing
counterfeit silver money. They were mem
bers of an alleged gang of counterfeiters
vino have been operating extensiveiv in
the counties named for sometime past.
Bird was evidently from the testimony
collected in the case the leader of the
gang. Both held out to the last but 1nallv
had TO give in and plead guilty. Bird was
sentenced to spend eight years in the Col
umbus, Ohio, penitentiaTy, and Collins to
spend one year.
West Johnson was found guilty of steal
ing nine pieces of rope from Fort OeIe
thorpe of the aggregate value of 80 i'm An
gust, 1883. He was found guilty only on the
first and second counts of the Indictment
but not on the third count which charged
him with stealing also a clock and some
blankets also the property of the Tinted
States. Johnson is the brother of the ne
gro who was sent up on the same charge
at the last term of court, both of them
having been concerned in enterins tba
fort and stealing therefrom about loom
pounds of rope besides some other prom
erty. 5ohnson will be sentenced this morn
ing.
Judge Spee~ has postponed for a few,
days his decision in the case of the Angus
ia Southern railroad against the Wrights
vile and Tennille railroad, asking for a
mandatory injunction to compel the de
PENDANT to accept freight from ii al The
same rate at which it is received from tbe
Central. the majority SfOcxboldor ~ -