Daily Kennebec journal., 1901-12-20
LADD VS.. BANKS.
in Thursdays Ses-
sion of Law Court.
Plaintiff Alleges That Two Banks, One
Augusta, the Other Lewiston,
Paid Out Money on Orders Said TO Have
Been Forged.

AT Thursdays session OF the law
court arguments We're made by Hon
| neioert Nj. Heath for the plaintiff and
Norman l.. Bassett. Esq. of the firm
OF cornish d Bassett for one of the
| defendants. the Augusta Savings Bank
In the case Of Philip S. Ladd of Win
throp VS.. the Augusta Savings Bank
| and the AndrOscoggin County Bank Of
Lewiston. to recover the sum of $4,000
! which the plaintiff claims he had on
deposit in these institutions and which
he alleges was withdrawn on forged
orders. The case of the Lewiston bank
Will be submitted in a brief by Hon.
Seth NJ. Carter of Lewiston within 10
days
The facts of the case are that in lS7e
the plaintiff alleges to have opened an
account with the Augusta Savings
Banks. The money was brought from
winthrop, the residence Of the plain
TIM by Il friend. No letter was for
warded and no book or writing of any
KIND signed by the plaintiff or by any
one by him authorized The method of
opening accounts. then in use in the
defendant bank, was to require, deposi-
tors to sign what was called a deposi-
tors book. That book shows that the
name of the plaintiff was signed in The
dppropriat" place by William Il. Smith
Inc treasurer At that time, and nov
deceased
The plaintiff had no knowirdlc that
Mr. Smith had so signed his name un
III the testimony came out at tha hear
ing. Book No. 1921 was issued in
pitlntfS s name, and through his mes
Senger delivered to him. In 1854 il was
settled upon an order signed by the
plalntiH payable to the eIpre IS COM
pary. This order has not been pro
duced. 1t cannot be found. Later fur
ther deposits We're made and some per-
son Withdrew amounts due 10 orders
alleged to have been drawn by Mr..
Ladd.
The plaintiff contends that some per-
son stole bank books belonging to sir.
Ladd. thereby drawing the many. ana
that there can he be bat little doubt that
the line of forgaries was committed by
one person The plaintiff is without
positive proof, but he believes the fore-
er was one John Ingraham, a fellow
boarder. who has mysteriously disap-
peared. \ warrant is now cut for his
arrest.
Mr. Heath argued on the general rule
OF law that as it is not in controversy
mat the sums sued for We're deposited
by the plaintiff in the defendant bank
and have been paid by it to some per-
son other than the plaintiff without
authority from the Plaintiff so to do
the defendant bank has no defence un-
less there was some subsiSting Gov
tract Of exemption from liza ability fol
the payments made under the uncon-
troverted facts. In the absence. of any
agreement to the contrary. payment
can be made only to the dcDositor or
his duly authorized agent or attorney.
The plaintiff contends that no special
contract existed and that the liability
for repayment is absolute.
AS regards no contract" Attorney
Heath contended that when the plain.
tiff opened his first account. in 1874
Mr.. Smith. the treasurer. without any
authority from the plaintiff and with
ont his knowledge, until the trial,
signed plaintiffs name to the deposi-
tors book kept by the bank. This had
no effect to bind I.add and il is void al
so because that account was closed
and the book surrendered when the
book in controversy was opened July :.
1884, nothing was signed. The evi-
dence of an express contract is there
fore lacking.
Under the head No contract by
conduct" counsel argued that tn,
plaintiff. in opening the account now
in suit, Received a book containing Ger
tain printed matter at the end. not
purporting to be bylaws or rules and
regulations bui rather 4 statement Of
certain approved methods "f doing
business The printed matter begins
with heading Augusta Savings
Bank" There are no words indicating
that the paragraphs following the
hea ding arc bylaws. rules. regulations
ur conditions under which the bank re-
crived deposits That they were never
approved or adopted by the trustee,
WIS admitted.
Several court decisions Were pre-
sented by Mr.. Heath bearing on III"
case.
Mr.. Heath said ia opening that the
Andrusroggin cas-" differed materially
from the Augusta ease. ON Sept. II.
ltH4 the pldinfIN opened an account with
the defendant bank. The deposit was
brought, in by on" Greenwood Harris. |
Th.. bank then kept the usual dcpositors
book for the preservation of signatures :.
That book confirmed in no place. any
writing or words whereby dcpositors
purportcd to bird themselves 10 any by
laws or rules OF the institution. In the |
front part of the book, ON the opening
page was pasted what purported TO be
The bylaws Of the bank. 1t is admitted
that these bylaws were never formally
adopted by the trustees. There is II
evidence that they were brought to the
attention of the trustees individually.
This book was signed II, ,45.-Pnilip ).
I.add. Winthrop. Greenwood Harris.
Harris never told Ladd that ne hal
signed his name to any book. Plaintiff
did not know the fact until he learned it
in court Book l2.f5. was issued In
plaintiff : name. and through Harris de-
livered TO the plaintiff.
These alleged by-lawsare iragmcntary
Section provides that any person max
ing n deposit shall thereby be held as
agreeing to the conditions of the bylaws
of the bank Section provides that
money deposited may be drawn By tn
depositor or by any person legally autnol-