The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1909-03-16

Texas Bank Sues Brodie
[. On Note

Durham, n. c.. March 12.-At tn,
Superior Court here next week. Wnel
Judge 3. F. Long will preside, Their,
is to be a civil action that is an after
math Of the Brodie l.. Duke II Alice
Webb episode in New York more tina,
four years ago. This is a suit againS
Mr.. Duke. by the Texas National Bank
Of Dallas, Texas, in which the banl
is suing on a vote for $4,049.25 ALLEGED
to have been given by Mr.. Duke II
Alice Webb in November. 1904. Thi:
was about the beginning of the seusa.
tiOnal escapade Of Mr.. Duke all Alice
Webb when New York. North Caroline
and Texas We're especially interested
and the country at large interested il
a general way.
Texas bank in h courts of Cherokee
county, this State. and Judge 4. 3
PEBBLES, on motion of Messrs. Gle
and Sykes, of this city, removed the
cas- to Durham county, it appearing
to the court that the action was
brought in the extreme. western county
for no other purpOse than to put the
defendant to all unnecessary trouble
possible and not as a matter OF justice.
The case wa then sent to this county
the home of Mr.. Duke, for trial.
The bank in the complain alleges
that on November %, 1904, B. L. Duke
gave to Alice Webb a note for 81.
O49.25 payable in four months from
date with interest. 1t is then alleged
that Alice Webb, later Alice Webb.
Duke, discounted the paper at the
plaintiffs bank, and that since her
and up to this time all payments O.
the note and interest have been re.
fused. They asked to be reimbursed
for the face Of the note, with inter
est from date of same. The note wa:
made payable to the Colonial Trus
Company, Of New York, and la1e1
transferred to the Texas bank.
The defendant denies the entir,
transaction and says that it is the re.
suit of a fraud, and that h paynlen
was refused for that reason. Messrs
Giles and Sykes will look after the in
terests of Mr.. Duke and the bank viii
come here with attorneys and in n
probability have local counsel. Civil
courts are usually interesting but thi:
one phase Of the court next WeeI
promises om lively situations. The
case is set for Saturday of next week
but it is doubtful if it can be reached
on time, as there are a total of forty
four cases set forithe first week Of the
tWO-week court.
Many Lawyers in Il Will Suit.
Another case OF considerable inter
est. on account Of the large Number
of lawyers interested. VIII be Il suit to
break the codicil Of the will uf the
late George Macklin, coloreG, who
wen from his city to Ohio and died
leaving an estate CT about $4,000. IN
the codicil to the will he left the prop
erty to Mamie Sears, a child, ana 6.
B. Beasley and wife are trying to
break thi sDart of the will 50 as to
share with the others, and in fact il
this is done they will get the bulk OF
the property.
In the Will Macklin left Victor $.
Bryant. Of this city, as executor, and
the bulk of the estate is to go to Nam
ME Sears. The other heirs brought
the present action against Mr.. Bryant
and have retained as cOunSe MesSlS
Bramham and Brawley, of this city:
Col J. G l.. Harris of Raleigh. and
Theodore b. Green, a colOred iaWNer.
of. Cleveland. Ohio, who is noW here
assisting in preparing the case. Mr..
Bryant has retained Judge +. v. N1n;
ston, now of Raleigh, to represent the
executor. Messrs. Manning and
Foushee and E. w. Canada. colored.
represent Mamie Sears in an effort TO
have declared as legal h codicil to
the will of Macklin. Those who wish
to reak the codicil.
h fight will be a hard one and
as 100000 is involved the outcome
will be O.. e of interest.
MANY other cases of interest are to
come up, among these being six suits
for $4,000 each, brought by Mrs. Octa
D. Thomas against local merchants.
There were originally seven of these
suits and the jury in a recent court
found against Mrs. Thomas in the
only one tried up to this time. In
these suits. which are damages to
character originated on o Of
claim and delivery papers h a were
taken out and attachments made
against Mrs. Thomas. furniture when
she. went on a trip to Baltimore. The
merchants claim hat they thought
she had left the State for good. leav-
ing the claims. and the attachments
were made. Mrs. thomas came back.
claimed her personal exemption and
brought the several damage suits.
Other large suits are on docket. in
Guiding a $500 claim that Mrs. Alice
MoCoHUn- has a oaiuSt the RritiSh-