The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-10-30

BANK AND ACTING FOR Fl BEN
EFT OF SAID DEVELOPMENT
COMPANY AND IT'S PROMOTERS
FROM TINE TO TINE FRAUDU-
LENTLY DISCOUNTED THE PROM
ISSORY NOTES EXECUTED BY
SAID DEVELOPMENT COMPANY
AND ENDORSED by said Torrance,
Kennedy and Clark without the know
ledge or authority of the board of
| directors or officers of said Enterprise
National Bank and said Clark, as
treasurer of said Development Comp
any, took the proceeds of said notes
| out of the funds of said bank and
| applied the same to the use of said
Development Company Said notes. so
fraudulent1y discounted, were renew
| ed from time to time by the par
| ties thereto, and the notes herein
after mentioned and described CON
| stitute the last renewals therefor.
On or about October Is, 1905 it was
discovered that said T. Lee Clark, as
cashier of aid Enterprise Bank, had
fr%audulently distracted and embez-
+INd u u u SC pOI vi lhS IuI1tIS
and securities of said bank, n had
concealed the said fraudulent mis-
appropriations by various cunning
devices, false entries, and the mani
pulation of the accounts of said bank,
and on October IS, 1905, said T. Lee
Clark committed suicide, and after
wards the notes hereinafter mention
ed were found in the said Enterprise
National Bank, and together with
other assets of said bank came in
to the possession of the plaintiff.
Third. Defendant is indebted to
plaintiff in the sum of $25, 900 with
interest thereon at the rate of six
per cent, per annum from August 16,
1905, upon a certain promissory note
dated at Pittsburg, Pa, August 10,
1905, and signed by said defendant, a
true copy of which is hereto attached
and made part thereof marked eXhi-
bit 2, whereby said defendant prom
ised to pay to the order of itself OF
demand after date the sum of $25,-
900 without defalcation for value re-
ceived. Said note was duly endorsed
by the said defendant. and by agree
ment endorsed on the back thereof,
the said Francis J. Torrance, Ar
thur Kennedy and T. Lee Clark be
came sureties for the payment there
of, and the said note was in the
manner aforesaid, for value. before
the maturity thereof. and although
payment thereof was duly demand
ed, no part of said debt has been pai6
by the defendant or any other per
son on its behalf.
,l NOTE.-Then follows a list of not
es with charges similar to that pre-
scented under BIB. The amounts oil
these notes as given under the sub
heads are as follows:
C-$50,OO0.
,, D-$7,5OO.
4-A-S5,000.
= B-$50,000 in seven notes.
C-$49.103.14 in three notes.
:. D-s5.00O.
E.-$25. 900. in four notes.
F-s34,952.46.
=. G-$44,000.
} I1Po-tpD-
. I.-S12,90O.
$50. GOO.
K-s6.0OO
$4,000.
M-s25, 900, in three notes.
>, N-S1O,OOO.
O-S1O.OOO.
5-A-s7,5O0 Bill of Exchange.
B.-S13, 500, Bill of Exchange.
C-$12,0 900 Bill of Exchange.
Then follows a statement from the
Comptroller of the Treasury making
affidavit to the appointment of Gun
bingham as Receiver and his being
succeeded by Thomas Rinaker as re
ceiver of the Enterprise National
Bank of Allegheny, Pennsylvania
This is followed by copies of the not
es.
The statemen then closes as fol
lows:
Wherefore plaintiff say the de
PENDANT is justly and truly indebted
to the plaintiff in the sum of s437,
1850, with interest on the several
sums here and before stated from the
several times here and before mention
ed respectively less the credits mere
inbefore stated to which
plaintiff brings this suit.
:. McCLEAvE & WENDT,
Attorneys for Plaintiff
Il State of Illinois, County of Ma
o0Irpin SO.