Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1898-12-08

does it mott Mr.. Pancoast contended that
it had not been proven by testimony that
there was a credit TO Mr.. Bunning's ac-
count on January 20, 1896, but instead the
witnesses produced, all swore that at that
time there was an overdraft amounting to
nearly $1,000, and that lead pencil footings
made by bikes to deceive the bank officials
and help his friend, Burning, was the
reason be, Burning, had not heard of this
matter before. He further said that Mr.
/ BunDing never disputed the claim when
Mr.. Dilks went to him and informed him
of his ovefdraft, but instead said. I'll try
and fix it up, Mr.. Dill 3, and I'll go and
see ElkintOn," which he did, and after
ward he signed a note payable to his
brother, which bis brother endorsed to the
bank, and that this transaction took place
in lawyer Swack Office, and he was
not made to do so by the terrible bank
officials, and that under these features of
the case the bank should recover its $1700
note with interest to date.
Mr.. Swack hamer dwelt at length on the
bank being a corporation and therefore
liable for the acts of its officials and en-
plOyees, and that he reason of Bunning's
| signing the $1,000 note was on the state
ment of Mr. Diiks that if an error had been
made it would be rectlfied, and that Mr.
Burning afterwards thought that there
was mistake and SO informed one OF the
bank officials Vice President-and he
said The note was all they wanted and re-
fused to talk on the subject Mr.. Swack-
hamer then took each separate witnesses
| testimony and proceeded to enlightsn the
jury on the same.
Judge Jessup then charged the jury
which went out at 30 p m.
Judge Jessup charged the jury that they
must free their minds from prejudice, and
| give their attention to the facts as pre-
sented. Mr.. Burning was depositor in the
defendant bank, aud deposited money and
had notes discounted on banks books. On
Feb. 6. 1896, Mr.. Dilks, an employee of
the bank notified Mr.. Burning that he
had 0verdrawn his account in said bank
nearly $500 Mr., Burning then gave q
promissory note TO the order of Edward
Burning, and by him endorsed to the
bank which note was discounted aud pro-
ceeds placed to Vim. Bunning's credit
This note by two payments of 500 each il
at present reduced to $1,000 In December
| of '97 this $l700 note was protested by the
bank, and on March II, 1898, plaintiff
he claims the bank owes him. Now the
bank sets up claim as defense this $1,000
note and interest on same from March l,
ls9S,and the plaintiff claims mistake,and
that there was no oyerdraft, and besides
says fraud was practised by the bank in
getting the original $1,000 note. Notes are
payable on demand, and plaintiff has no
right to recover unless through some action
of the bank which gives him such right
Plaintiff seeks to recover 5000 paid on ac-
count of $500, and discount and interest
Now if there was an overdraft on Feb. 6,
1896, then this sum was paid legally unless
the plaintiff establishes his claim of fraud.
If the bank has right to recover the note
then plaintiff cannot recover the 5000 This
note given by Burning Is notice by him of
overdraft, and asking to be relieved of ray
ment and also alleging fraud and mistake
by bank, the burden of proof is upon
plaintiff II is not sufficient to allege fraud
and mistake, but it must be shown by
proof, and that the bank officials designedly
and uElawfully led him to sign the note to
constitute fraud This postal in evidence
is not conclusive evidence, and may be
explained. You are now to examine books
carefully and if You fiod an overdraft, bank
may recover. Examine the evidence pro-
dqced and give your verdict accordingly.
THE VERDICT
At few minutes before IL o'clock We'd
desday morning the jury returned and
found for the plaintiff in the sum of
S544.20, and for the defendant bank
81 300 45. Judge Jessup told them he
would not receive this as verdict, and
directed the jury to further consider the
matter until they reached final decision
for one side or the other. The jury finally
came in shortly before IL o'clock with
Judgment for the bank in the sum OF
S125935