The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-03-02
Richmond Firm Wins.

In the case of j. w. Harrison. of Rich
! mond. doing business AZ the Aragon Cof-
| fee Company, VS.. Alfred NJ. Rogers. who
sued him In the Circuit Court OF Rich
E, mond on n note for 1921 OF, Judge Keith
| handed down the decision.
The note given and upon which the suit
| was brought was made In payment for
500 bags OF coffee, purchased by the Ara
gon Coffee Company or sample from
| Hills Bros. Co., OF New York. 1t was al
legged that both the sample and coffee
had been tampercd with and adulterated
SO skilfully that 1t was not discovered
! until the coffee was delivered. when 1t
was found that 1t was so common and In
| ferior, and gave forth such an offensive
| odor that 1t could not be used. The note
was payable Mt the Printers National
Bank. and before maturity was endorsed
| TO the National Park Bank. of New York.
Upon maturity payment was refused ana
| the note protested and returned to the
National Park bank. from whom Rogers
obtained 1t in November. 1901. paying the
full amount represented by 1t. principal
and interest.
The opinion states that there Is no &C.
casion to discuss the transaction as be-
tween the Aragon Coffee Company and
Hills Brothers Company. 1t Is shown
that the National Park Rank was an in
| nocent holder of the note for value and
without notice, and the discussion IL as
to whether Rogers, who bought the note
! from the bank, acquired Il title free from
all antecedent equities.
Proceeding the opinion sets out. that Oh
May 16, 1904, the attorney for the Ma.
tionnl Park Bank, where HIS Brothers
Company kept q deposit account. wrote
the Aragon Coffee Company informing
tLo,, tb,t the note had haen rafurnpi
protested and demanding payment. The
coffee company by counsel, replied that
the coffee purchased was not ac-
cording to sample, that they did not pro-
pose to pay for II, and suggested THAI
the bank would find 1t easier to make the
money out of Hills Brothers Company.
One of the principal stockholders in HIS
Brothers Company was the father-in-law
of the plaintiff Rogers, his brothcr-in.
law was president of tho company, ami
his wife was Il stakeholder in the COM
pany. Rogers's first information In re-
gard to the note. 1t was shown. was
from his father-in-law, and at his sug.
gestion he went to the attorney for
the National Park Bank in whose Gus
tody the note was. In order to purchase
the note he had to raise money by tho
sale of certain stocks, and he took the
note from the bank without r%ecourse ar.
ter it had been protested, and with the
knowledge that It's collection would IN
volve lawsuit. He was put on the stand
as a witness by the Aragon Coffee Com
pany, having offered no evidence In his
own behalf other than the note, and res
fused to answer all questions as to his
reason for purchasing tho note.
The opinion says that tho facts which
1t sets forth, coupled with conduct of the
plaintiff when upon the witness stand,
inexplicable upon any reasonable hypo-
thesis except that he feared to disclose,
the truth md preferred to AXE the
chance OF success by permitting the court
to grope for the facts In the dark, when
a word from him giving a rational ac-
count of his conduct would have dispelled
all doubt, warranted the jury In believing.
that the National Park Bank being pos
sessed of funds belonging to Hills Bros,
Company. which company was ultimately
liable to 1t for the note, concluded not to
risk a law suit. but to look to its I'M
mediate endorser. Hills Bros Co.., and so
informed that company. which theE
Matched the scheme of a purchase Of
the note by Rogers. and thus hoped TO
consummate Its fraud. THE court IN of
opinion it was for the jury to say whetll.l
err Rogers was n purchaser In good faitl,
or was connivlng with Hills Bros. Co.
to purchase the note as their agent In
order to defeat the equities of the A,agon
Coffee Company,
False Arrest.
In the case of Evans VS.. the Atlalltic
Coast Lille Railway from the Clrcu!r
Court OF Norfolk. Judge Keith renunrcdi
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