The Montgomery advertiser., 1903-05-30

money As a mere receipt it sheds no particular light ons way or the other upon the question, except that the Treas urer acknowledge that he had received from the Board of Revenue proceeds sale $100. 600 bonds." There would be no false representation in the receipt itself, wheth- CT the money or the check given for the bonds had been received from the Board of Revenue So then you must go to the facts and transactions which led up to the delivery of the bonds, and what occur red at and about that time. You have heard what the only two witnesses who were present have said. Their view is not conclusive upon you, If upon the face of the entire transaction from beginning to end you can reasonably interpret the intention of the parties Cochran and Allen and what moved them. to be different from what they have stated. Was this re- ceipt delivered simply in the routine of the business between the two offices, that the Board of Revenue might have a dupli- cate receipt that the law required 1t to have when moneys or proceeds of sales of bonds are dispossd of? Or, was 1t demanded in order that Allen could satisfy himself that the cash had actually been paid, before the bonds were de- Hvered? As bearing upon this, you may inquire whether Allen knew the course of business which had been going on be- twen the County Treasurer and Billings Bank, whether the course of business was to deposit checks to the credit of the Treasurer. and not to actually collect them in money; and whether In view of this knowledge the natural inference on Aliens part, in getting the receipt would be that the money had been actually collected, insetad of the cheek being de- posted to the credit of the Treasurer. Where was the receipt executed? 0gs Wsss df black the receipts sputy kept % en? Did the Deputy Treasurer go there to get the blank. or did he go there to cofiect the money? Was he gone long enough to count and receive such sum the purpose of the visit. Was or was not Aliens delivery of the bonds induced by the belief that the money had been actually paid and on the faith of that be- liet? 1 charge you in this connection that the County Treasurer had no duty under the law as to the delivery of the bonds, and that the bonds were not en- trsted to the County Treasurer for deiive- ry: for, as you will bear in mind kohn oc- cupjed dual relations, and when he was calling for the bonds he was representing the prchaser and not the treasurer. You may consider all the circumstances and apply to them your knowledge or business transactions and your knowledge or human nature With these guides the burden rests upon you to determine from all the facts what motive and be'fef in spired Allen in the delivery of the bonds. If ha was not mised into delivering the bonds by improper acts of Cochran-using the name of Cochran as explained to prevent misapprehenston-h he was not misled in delivering the bonds by inn proper acts of Cochran under the honest haHef that the check had been actually collected in money, then the defendants would not be liable because the bonds were delivered when they were.
 If Cochran had already been bound Tor tha check as for so much money, by merely giving the receipt. which was not rhe case. then he could not escape liability because of Aliens laches. If. how ever. Cochran did not cause these laches, inc responsibility for delivering the bonds "a mot he put upon Cochran, because he gavs the receipt The giving of the re- ceint was a lawful act.' Under the nv, as declared by the higher court the check was ''nroceeds of the sale" of the bonds. When the check was delivered to Cochran +he Board of Revenue had a r1ght 10 raceint or voucher for it. then, although the check had not then been collected
 Tvba receipt in evidence on Its face does not acknowledge to have received any ..nroceads'' from anybody but Alien IT cd,,id not have deceived him into the beiiaf that the Board of Revenue itself bod s,otton the money. He knew 1t had not He knew 1t had only given Coch-
 an check Under the facts in this caSa repaat, Cochran had right to Sjxs this receipt as soon as the check 9Sss delivered to him and before 1t was roiiacted because 1t was delivered to him after banking hours. The language of