The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-03-24
CATTLE PAPER RIGHT
Gets a New Interpretation BY
the Federal Court.
JURY OUT TWO DAYS
American National Bank of
Arkansas City Loses Again.

The American National bank Arkansas
City lost another suit in the United States
district court yesterday. This was suit
against the National Bank Of Sumner
county TO compel it to pay over TO the
National Bank of Arkansas City the bal
ance due on a cattleman's note which
that plaintiff held. In This case were
involved some very important points OF
law concerning the handling of cattle
paper. 1t seems that several years ago
Mr.. Williams, husband Of Mrs. Williams
who last week won her suit against the
National Bank of Arkansas City, sold TO
a man by the name Of Lawson bunch OF
cattle, accepting as part payment for the
same Lawson's note with chattel mort
gage on the cattle. Williams afterwards
sold this note TO the Arkansas City bank.
In the meantime Lawson had moved the
cattle over into Sumner county and the
National Bank of Sumner county, located
a. Wellington, furnished Lawson the
money with which to buy feed for the
stock. The cattle were shipped 10 market
and the money for same was sent to the
Sumner county bank. It is claimed that
the defendant bank retained its money
out of the returns and sent the plaintiH
bank the balance. The accounts were lett
open, and finally both banks failed. When
the receivers adjusted the accounts OF the
respective concerns. the Arkansas City
bank computed interest on the Lawson
note and found that there was yet con-
siderable due, and the receiver brought
suit against the receiver of the defendant
bank to recover the balance due on the
note 1t was hard fought case, and one
very hard for the jury to determine. The
jury was out all day Wednesday and
nearly all day yesterday, finally bringing
in a verdict in favor Of the defendant.
Another very important case is that of
Sage & Co. against Fargo township, form
erly Cimarron township. in Seward county,
to compel the township trustees TO pay
bonds which were voted several years
ago. Judge Hook began hearing argu-
ments in the case yesterday afternoon.
These bonds amount to $4,000. and were
issued TO aid in the construction of the
Liberal branch of the Chicago, Rock Island
and Pacific railway. The case turns on a
very important legal question as to
whether or not the township had the right
to vote the bonds, the defendant attorneys
claiming that the township had not been
| organized one year al the time the bonds
were voted. This argument was ably pre-
scented TO the court in the opening address
yesterday afternoon by S S. Ashbaugh
/ for the defense, who was assisted by
/ Thomas a. Scates. Messrs. Bentley &
| Hatfield represent the plaintiff, and the
outcome of the case vii be watched with
! interest, especially by the lawyers Of the
state.
Aside from few unimportant cases of
! bankruptcy, TO other business was dis
posed of yesterday. and all the jury cases
| having been disposed of. the petit jury
was dismissed.
Judge Hook announced that he would
hold an adjourned session of the federal
court in this city, commencing May IS.
The other courts of the state are sched-
uled as follows:
Regular term Of the United States dis
tr.ct court at Topeka will commence
/ April To-
Regular terms Of the circuit and district
courts at Fort Scott will begin Nav l.
Regular term Of the Leavenworth cir
cult court will commence June ).
The adjourned term of the federal court
in this city is arranged to commence on
May Is, in order to be fsld between the
terms at Fort Scott and Leavenworth.