The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-24
BILLS OF LAD|NG
BASIS FOR SUIT
New York Bankers Seeking
$4,000 Damages From South
crn Railway Company
ECHO OF YANcEY FAILURE
Claimed That Paper Issued by
Agent in Alabama Was
Fictitious.

Transactions in cotton, alleged to
lent nature. resulted in The fling III
the City Circuit Court yesterday of n
declaration in suit for damages
against the Southern Railway Company
for $4,000 Notice OF the suit was filed
some weeks ago. the declaration having
been filed yesterday by Judge George
Il. Christian, of the firm OF Christian,
Gordon & Christian, who represent
John Munroe Il Co. bankers, New
ton. Fa
The declaration sets forth that
Henry W Munroe, Frederick Dc
,Rcisct, George T. Munroe, James
Sloper and Eugene Y. Blcknell are
co-partners trading as bankcrs in New
York City, under the firm name and
style of John Munroe & Co. The
action is brought here. Richmond be-
ing the general headquarters of tho
Southern Hallway, according to its
charter. though the alleged fraudu-
lent transactions are said to have
taken place In Alabama.
Firm Bi.s shipper.
1t is claimed that the firm OF Knight
iancey & Co.. WAS in April, 1910, and
previous thereto, large buyer and
shipper OF cotton, with Offices In De-
catur and Selma, Ala, and that it
Shipped large amounts for export.
J. w. Hunter was at that time
freight agent or assistant freight
agent representing the Southern Rail-
way al Selma Ala. and was accus-
toned to issue bills of lading on
forms supplied by the company for
pNDDrtlnlr bo n
sets forth at length the whole system
OF exchange by which such bills of
iadins are made negotiable instru-
inents. the holder being the de facto
owner Of the cotton in transit
1t Is stated that certain bills OF
lading were issued and signed by
Hunter as freight agent for the South
ern Railway. and on the face of these
pills of lading. transferred by Knight.
aancey Company to John Munroe
" Company, bankers In New York,
drafts were Issued for exchange on
certain Italian. English and French
banking firms. which are listed In de-
tnii. all being dated April 10. 1910.
and aggregating s26,3S6.91, the bllls
OF lading being represented to be for
800 bales of export cotton In transit.
snys They Were Fnlse.
The declaration then reads:
fAi1u Htlc pialntlltS further alleEo
that each and every of such instru-
ments purporting to be bills Of lading
Was hcttous. and that the statements
| recitals and representations therein
| contained were false. and that the said
defendant company had not al the
dates thereof. nor did 1t at any other
time, receive from said Knight, Yam
cey & Company the cotton therein
mentioned H
And the plaintiffs further allege
that the said Knight, Yancey
& Company is now and since the 18th
day OF April, 1910. has been insolvent;
that the drafts have been presented
for acceptance to the drawees named
and acceptance has been In each In
stance refused; that each draft there
of was drawn without authority, and
without any reason to believe the same
would he accepted
The transaction In which 1t is al
legged that a freight representative OF
the railway company was a party. and
/, into which the railway company there
fore entered. is alleged to have been
10 the damage of the plaintiff TO the
extent of $4,000. and therefore the
suit is filed.
Attorneys for the Southern Railway
nave as yet filed no answer.