Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-29

Frank McManus, TO order of Andrews. ana
Endorsed by him. one dated July D. 1900, 1or
81 600 and one dated July s. 1905 for $1,000.
payable In ninety days.
There Is a claim of 81, 1908 on the follow
ing drafts of bills of exchange drawn by
Frank McManuS to order OF Andrews ana
duly accepted by A. l.. Bentley. drawer
named therein. delivering at the Enter
prise bank by the defendant before matur-
ity, for value received, and proceeds paid
to the defendant: December q, 1904, 81, O25,
payable in ninety days; December .. 1904.
1902. payable In ninety days: December IA.
1904, $1.s12.5O, payable in ninety days. 1t
is alleged payment of these drafts was re-
fused by Bentley and that Andrews had
notice.
A claim for s23. ST.. So with interest from
the dates Of bills of exchange recited. is
made. The bills OF exchange are alleged to
have been made and executed In Pfttsburg
by F. r. Nichols to the order Of Andrews.
drawn on A. L. Bentley and duly accepted
by Bentley. all Endorsed by Andrews and
delivered to the bank for value received.
Presented and Payment Refused.
For value received. November IS, 1904.
81. sol. GO. to order of defendant. payable in
sixty days; same date. 81 ,421.9O payable In
sixty days. same date. $500. payable In
ninety days: November 10. 1904. s1.0is52.
payable in ninety days: November %. 1904.
s1,o35. payable in ninety days; November
%, 1904. 8,6l0.S0. payable in sixty days:
November %. 1904. $500 payable In ninety
days: November %. 1904. 81. 800 payable in
ninety days: November %, 1904. 81 $50 %.
payable in ninety days; December 2, 1904,
s1.1Ci10 for ninety days: December 49, 1904.
$1GJ0 for ninety days: December 10. 1904,
s99i.20. payable in ninety days: December
~. 1904. 10 for ninety days; January
16, 1893. s1.Oi405, ninety days; January @3.
1905, $500. thirty days. All the above
bills of exchange are alleged to have been
presented to Bentley and payment refused.
The defendant, 1t is asserted, had notice.
Claim Is made on the defendant for a
check for $50, made and executed by the
REQ Ariba Coal Company. dated at MOnero,
N NJ October 90 1905. drawn on the bank
of Alamosa, Col. to the order of Andrews,
Endorsed by him and delivered to the En-
terprise National Bank.
The plaintiff says he expects to prove that
the defendant procured the amount from
the Enterprise Bank, and that at that time
and at present the Alamosa bank was and
is inSolvent, which, he alleges, the defend
ant we'll knew.
Other Claims Refused.
Claim is made on a note for $500 signed
by A. l.. Bentley. April 10, 1905 to the or
der of Andrews, who Endorsed 1t for four
months. Claim is also made on a check for
5000 by F. r. Nichols on the Bank of Con-
meanwhile, Pa. dated Pittsburg. October T.
1907, made TO the order of Andrews, and
indorsed BIZ him. 1t is alleged that when
the note was presented to the Conneautville
bank 1t was refused.
Claim is also made for 81. 600 on a check
drawn by Nichols October Is, 1903. on the
Enterprise National Bank, to the order of
Nichols or bearer. and Endorsed by him,
which was paid. and that the check
drawn by Nichols agent for Andrews
and for the use of Andrews. 1t Is averred
that at the time the check was paid neither
Andrews nor Nichols had any funds in the
bank and that the bank advanced the
amount of the check.
Claim is also made for another S. 900
check drawn by Nichols as undisclosed
agent of the defendant on October 10, 1903,
payable to the defendant OF bearer and IN
dorsed by the defendant.
1t is alleged that neither Nichols nor An
drews had any money in the bank at that
time and that the money was advanced by
the bank.
Accommodation for Andrews.
1t Is averred that Nichols during the
time OF these transactions was private sec
rotary to Andrews and that McManus was
formerly in his employ and acted as agent
for him, and that the transactions were in
the nature of an accommodate for An
drews. 1t Is alleged that McManus and
Bentley. respectively. made and accepted
the nesr' able paper at the request and as
agents he defendant in pursuance of the
alleged conspiracy and that the sums of
money We're procured for the sole use of
Andrews.
1t is averred that the records and ac-
counts of the Enterprise National Bank
We're cunningly and irregularly kept so as
TO conceal the fraud 1t is averred that the
defendant had waived the presentment of
demands or protest on all of this paper
and that none of the obligations had been
paid.
The plaintiff says that on October % he
exhibited to the defendant a detailed state
ment of the claims he has recited In this
suit and that Andrews admitted his liability
and promised to pay the amount but that
he has failed TO do so.
+. r. Nichols was seen at the office OF
the santa Fe Central Railway Company.
OF which Andrews is president, and when
Informed that Cunningham, receiver for the
Enterprise Bank, had brought suit against
MIN and Andrews, replied that he had moth
ing TO say.