The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1903-07-31
KIMBALI. SOUTH DAKOTA, FRIDAY, 1903

ALL, SOUTH DAKOT.
! OF INTEREST TO BANKERS
Suit to Recover Money Alleged Not
Paid On q Check
A suit between Kimball parties,
settled for the time being at least,
was tried at Chamberlain last week,
and which Is ofinterest to bankers in
particular and the public in general.
The suit was one in which John
Wilkes, ex-state senator from this
county, sought to recover 1886 from
the Kimball State bank which he
Claimed had not been paid him on a
check In the banks possession.
The case has been knocked around
from justice courts to justice courts
and from pillar to post for the last
sixty DAYS and reference to the trouble
has been held up by the GRAPHIC
pending It's settlement.
Itappears that one day last Septem-
Der Mr.. Wilkes and Robt McGaffln
went into the bank to settle some
business matters between them, the
solution OF which was that Mr.. Wilkes
had s18.75 coming to him. Mr..
HInrichs, the cashier, to expedite
matters, wrote out the check PAYABLE
to Mr.. Wilkes or bearer and showed it
out to Mr.. McGatfin to sign, which he
did. Meanwhile, or some time during
the transaction, Mr.. Hinrichs paid
Mr.. Wilkes money on another check.
The two men, Mr.. Wilkes and Mr..
McGattin. kept on talking about their
business affairs and finally went out,
and shortly after got into their rig
and started for home. After reaching
home, that day or the next, Mr.. Wilkes
discovered that he was short some
money, and as he got to thinking it
over he could not remember of Mr..
Hinrichs paying him the money on
the S18.75 check. He went over to
McGaffins and talked with him about
it and the latter said that he did not
remember of seeing the money paid,
but it would be all right and Mr..
Hinrichs would pay it when he (Wilkes)
went to town. About four days after
Mr.. Wilkes says that he came to town
and made demand for the money.
Mr.. Hinrich's recollection is that it
was about two weeks after. At any
rate, Mr.. Hinrichs claimed that he
paid Mr.. Wilkes the money on tile
check and cited in proof that the
books of the bank balanced that night
and that the check was regularly en-
tered up and stamped paid.
About six weeks ago Mr.. Wilkes
brought suit to recover. MI. Hinrichs,
confident Of his case, offered to leave
it to arbitration. He selected L. A..
Foote, Mr.. Wilkes selected J. III. Wolf
and they picked PIG. Delire as the
third man. After hearing both sides
Mr.. Foote held for the bank, Mr.. Wolf
for Wilkes, while Mr.. Delire said syou
I couldn't prove it by him." Then Mr..
Wilkes took the case before Judge
J Smith OF I1imball, but got knocked
} out Of court on tecnicality. A secono
attempt before the same justice went
} by tie board by fluke OF some kind
Then Mr.. Wilkes took the case before
Robt. McGaffin. justice besides hi
star witness. But when it came to ;
!. show down Mr.. Hinrichs Slipped ou1
because McGaf1in had no justic,
docket. Nothing daunted, Mr.. Wilke
then took the case to Chamberlain be
fore Justice Lewis. A change Q
venue was secured by the defender
and the hearing came before Justic
Campbell. After hearing all the evi
dence Justice Campbell found for th
defendant. He held that either MI
Wilkes must have received the none
and lost 1t or that he left it on th
counter and some body else secured il
1t was the opinion of the justice tina
it would establi bad precedent t
stick the bank as it would leave
bank open to fraudulent claim (
the kind by anY unscrupulous perso
who mightseek to obtain money !
that way.
At best it is a most unfortunat
case. Mr.. Wilkes is a square-toe
> honest man and even were he not it
. unlikely that he would trump up
claim. Of this nature out Of nothing
On the other hand, the possession OF
check by a bank stamped paid is gene
ally good in law without the stronge!
, kind of proof that no money was ev'
, received on it. One or the other
2 the interested parties is honestly mi
taken and will probably go to the
4 graves each thinking the other wron