The Denison review. [volume] (Denison, Iowa) 1867-current, 1904-06-29
WESTERN UNION LOST
In the Case Brought on by the
Schriver Brothers.
BUT ARE WINNERS IN ANOTHER
Gases Growing Out of The Barnes
Cattle Transactions Are Settled
at Fort Dodge.

l
| The important cases arising from the
| Barnes cattle transactions with Britt
parties in 1902 were decided in the fed
eral district court at Fort Dodge last
week. The cases growing out of these
transactions have been watched with
interest by the people of Denisor ow-
ing to the fact that the cattle buyer
| mentioned, L. j. Barnes, was at the
time resident of this city, The Bank
of:Denison is also interested because the
cases have arisen from kilograms pur
ported to have been sent by them
The case OF Schriver Bros. vs.. the
Western Union Telegraph Company has
had checkered career in the courts.
The point at law involved was the liza.
bility of the telegraph company in the
case of messages received over the tel
ephone. The case was given its second
trial last week and was decided in favor
of the plaintiffs. The first trial was
held at Fort Dodge in 1902 when the
case was also decided in the favor of
the plaintiff. The telegraphs company
then appealed the c.se to the United
States circuit courts of appeals at st.
Paul in may 1908 and 1904 the decision
was reversed at ST. Louis and remained
for second trial because of an error in
the Judges instructions to the jury.
La 1862 Barnes was buying cattle and
was in the habit of paying for them by
check on the Bank of Depison.s The
bank was paid by sight drafts on the
commission men in South Omaha where
he sold the cattle. On March l3, he
bought $4,000 worth OF cattle of
Schriver Bros. OF Britt and offered in
| payment check on the Bank of
Denison which Schriver Bros. refused.
Re then offered to go to Denison and
have the bank here wire if they would
except the paper. The Britt firm con-
sented to this and instructed the Com
mercial Bank of Britt to ship the cattle
on the arrival of the telegram. A few
days after the telegram arrived bear
ing the signature of the Bank of
Denison and the cattle were shipped to
Barnes. who in turn sold them at
Omaha. The proceeds ofthis sale were
used in paying number of sight drafts
against him. The day following he
wired Schriver Bros. to come and get
their cattle, as he was unable to pay
for them. When payment of the draft
was demanded of the Bank of Denison
they denounced the telegram as for
gerry. The operator had received the
| message over the telephone and he was
unable to identify the sender. Barnes
instituted bankruptcy proceedings and
soon after went to his old home at
Fayette county where he was arrested
on an old indictment and sent to the
penitentiary where he now is.
Schriver Brothers began suit for re-
covery of their money and since that
time the case has been before the courts
The other case involved was that of
the Bank of Havelock againstthe tele
graph company and the circumstances
| were much the same as in the case of the
Schriver Bros, except the responsible
ty of the telegraph company in receiv-
ing messages over the telephone was
not involved. Barnes bought So, 800
worth of cattle from Schriver Brtohers
on which the Bank Of Havelock held a
mortgage. Barnes offered check on
the Bank of Denison in payment for
the cattle which was refused and as in
the former instance he offered to
come to Denison and have the bank
wire their acceptance of the paper. As
! soon as the telegram arrived the mort
| gage was released and the cattle were
shipped. Again the Bank Of Denison
declared the telegram forgery and
refused to honor the paper.
The Bank of Havelock sued the
telegraph company for the amount lost
but when the case came TO trial at Fort
| Dodge, the Judge, on motion of the
attorney for the defendant Instructed
the jury to return Il verdict for the de-
fendant on the plea that the bank
| should have waited for the arrival of
the draft before releasingthe mortgage