The Montgomery advertiser., 1903-05-30

the receipt, repeat. stating that was 'proceeds of $100, ,0O0 sale of bonds was not a representation by Cochran, or ana in itself that the Treasurer had reeeived the money instead of the check. unex- plained It's legal effect might nave peen either The language or the Eece'pe .' the Board of Revenue was Uhere1ore capa. bla of explanation. and the defendant nao the rirht to make that explanation, un- less by some act outside Of the receipt which in itself was legal ana trutnIu,, Cochran misled Allen. as nave already explained to you, ln'o ,,nt thsS the check had actually been cashed' pc fore the delivery of the bonds. me @lV- ing of the receipt, l repeat unoeI Vne ne circumstances, of this case' was not an done an unlawful act in the giving. of the receipt, cannot be made responsible for what Allen did about the bonds. merely yudst o,ser he Ean se sSRs receipt led Allen reasonably to believe that money had been actually collected ted Sn the check before the oGnHs S,m to part with the bonds, So you will see. ahter ali. the receipt in itself Is only one link
 in the sds aSs asa or ths oss of the
 sept ss the u6iess Ss GG SfaSs mind that the check had been actually converted into money before the bonds were delivered. ,
 If the giving of the receipt & as a deXeaopII ,aopI act then the court would feel compelled to hold under the principles laid down by the Court of ApPeaits; thSf whst Gochr Ailen may have been led to believe. AS, now ever, the giving of the receipt as sap appears sfs exercise of the lawful duty of receiving
 the defendants cannot become responsi- ble merely for the giving of the receipt: eR1lained' ep on what improper thing Coch- ran may nave done at and about the time which reasonably led Allen to believe, pc money had been collected on the check.
 Now, gentlemen. I have tried tn state the question plainly, perhaps with stitutes the turning point of the issue as to the phase of the case we are no" con- sidering. .,
 which are not really material to the case as made by the plaintiffs' complaint, The be be in the declaration. the several counts of 1t. He comes in and says this Is the thing complain of. Here Is my evl- Gsncs issUss SiCSe Cochran mg s n'' not charged in this case with any. negligence In staying away from MSntSs%ery, st;Isnnas in Ids Ms ha2nr s RH. caarGt ascertained that Bililng and co
 were in an lnsolvent condition It would not matter If he had exercised the nlgn- est diligence on earth. and satisfied him self that the bank was solvent. to use the language of one of counsels of plain tiff. that 1t had weathered many a negligence or diligence as to those mat ters would not make bit of difference as to his liability in this case. under the s, a deputy. The deputy had the office here
 Cochran is responsible for what that deputy did, as have explained to you what he did when he represented any body else. Cochran is liable for his dep uty's acts, no matter what care Cochran exercised, or where he was, just as though he was present. The issues before you then are. first. Cochran having gotten this check from the Board. what abiy gotten out of the check If he had when VInei the bank opened. On that branch fbat fb th he and his sureties are liable for what he could have collected by due | diligence If he could have collected the whole amount he would be liable Tor the h would be liable for that. because he hreached his bond when he put that check on general deposit instead of try, | branch of the complaint be responsible | for any more than that check wSs worth | what could have been gotten aut of 1t | On the other branch of the case. thu | estoppel. he would not be responsible, un | less, as I have already explained to you | by improper acts of his, other than thu | lawful act he misled Allen as a reason able man into the honest belief that tn. | money had been collected on that checi
 and thereby induced the delivery of tn
 bonds before the check was collected. Il l that event he and his sureties would b
 liable for the whole amount; but If n
 didn't fl you aq ana5 tha ne bSnaa SS thinn l fine cash had been collected before the