The Norfolk weekly news-journal., 1907-11-08
He FORGOT He HAD MONEY
LINCOLN MAN DEPOSITED $500
AND FORGOT 1T.
INTEREST is NOW REVIVED

Jonn u Jones Placed more Than Two
Thousand Dollars In First National
Bank OF Lincoln and Signed Over
Money Without Knowing II.
Lincoln, Neb., Nov. Can a man
completely forget having deposited
more than $4,000 in a bank in his own
home town? 1t seems hardly possible,
but that a Nebraska man did so more
than dozen years ago is a matter of
court record. Interest in the case
has been revived recently owing to
the candidacy of Willard N. Stewart
for the post of district Judge. Mr..
Stewart in 1894 became the defendant
in suit brought against him by John
7. Jones for the recovery of $2,609. 35
and interest.
Mr.. Jones several years before had
deposited the above sum in the First
National bank of Lincoln and, strange
ly enough, had forgotten all about the
transaction. Mr.. Stewart, learning of
this fact, made proposition to Jones
to deed him certain property, two lots
of Lincoln, for an assignment of Jones'
interest In certain property the nature
and location of which Stewart refused
to disclose. The College Hill house
and lots were incumbered by a mort
gage OF 1000 and small accumulation
of interest and taxes. One of the con-
ditions of the proposed trade was that
Jones should sign his name to the pa
pers without reading them or seeing
what they contained. Jones finally
consented to this after securing from
Stewart a written affidavit to the eff
feet that nothing was contained In the
papers which would subject him to
criminal liability or bring upon him
public ignominy or disgrace.
One of the papers Jones so blindly
signed was check on the First Ma
tional bank in favor of Stewart for
$2,6O9.35. 1t was in 1894 that he dis
covered what he had done. In the
meantime he had sold the real estate
for barely enough to pay the mortgage
lien upon it. Jones, when his eyes
were opened promptly brought suit in
the, district court to recover the mon
ey and interest, alleging that he had
been induced to sign the check with
out reading 1t by the untruthful and
fraudulent representations made to
him by Stewart, who had told him
that he wished to procure from him a
power of attorney and an assignment;
that it would not put him in a worse
condition or position, lose him any
money or deprive him Of any interest,
but would be of great value to Stew
art. The plaintiff declared that he by
oversight and error had forgotten his
deposit in the bank and relying on the
representations made by the defendant
and believing them to be true, signed
his name twice, but that in so doing
he unknowingly signed the check on
which the defendant drew the money
from the bank. The case was decided
in Mr.. Stewards favor, but in review
Ing the case the supreme court said:
The facts In this case present a
very singular transaction. Much as
the court may feel disposed to con-
denim the selfish cunning manifested
by the defendant and to lament the
artless confidence of the plaintiff, yet
the legal rights involved are governed
by we'll established principles of the
law and by the law only must they be
settled. The rule is well established
that where persons are dealing with
each other upon equal terms, and no
confidential relation exists between
them, neither is bound to disclose SUI
perior information he may have sus-
pecting the transaction and, in the alb
sence Of fraud or deception, to induce
the contract, the court can afford no
relief. The law presumes every man
capable of taking care of his own in
terests, and his poor judgment or I'M
fortunate trades cannot form a basis |
of interference by the court"