The Citizen. [volume] (American Fork, Utah) 1903-1912, 1912-08-24

a light or cunning came into EgsD
Bedford's face. II know that" bs
said; but the bank ia better than amy
mans account. made the bank stand
good for the checks"
How" said Stratton, and thought
there was the faintest shadow OF a
smile fitting about the corners of his
eyes.
Bedford's broad face lighted with
victory. He thrust his hand into tho
bosom OF his coat. took out a letter
and a telegram and spread ON the
table. There" he said, sis the banks
guaranty In black and white and yell
low" Then he added. with "A saeer.
Il guess your banks not broke: In it,
The lawyer moved some papers I'm
I'll he found printed statement. The
bank" he said. has assets valued al
thirty-hve millions OF dollars its tia
bilities are some ten millions. Thax
would be, believe. twenty-five nth
lions above insolvency"
Then" said Bedford. 81 want my
money"
Doubtless" replied Stratton-
Bedford exploded with anger Il arm
tired OF this confounded nonscnse,-
he shouted. III the bank won't pay
these checks, | will sue IT,"
Then you will lose" replied the
lawyer quietly.
"Lose!" cried Bedford. The bank
guaranteed these checks, | tell you.
There Is the guaranty; don't you Sec
III" and he pushed the papers scno.N
the table with his fat hand.
Il see IT," said the lawyer: but q
Ia not worth filing room"
"What?" shouted Bedford.
This guaranty OF the Fifty-eighth
National bank" continued Strattoa.
lis utterly void"
Bedford plunged back on his heetr
like man struck violently in tho
breast. Hle waived his fat arm M.
his counsel whom he hitherto had is-
nored. Judge" he gurgled. -juuEe.
do you hear that?"
Judge Hacker, whose knowledge of
the law is said to equal that OF any
practitioner in New York. arose ana
came over to the table. lie nodded to
us. then he spoke quietly to his con
frere in the law.
"Stratton." he said. give me sccu-
rately your position In this matter"
Coleman Stratton touched an cleo
trio button, scrubbed n memorandum
on a scrap or paper and handed IL To-
the Office boy who entered. Then bs
turned to Judge Hacker.
This contract OF the Fffty-eiehth
National bank with Egan Bedford a.
Co. is one purely OF guaranty. and 10.
ultra wires on the part OF the bank
The Revised Statutes OF the Unfteci
States give a national bank no author
lily to guarantee the debts OF another.
national bank. as you are aware,
cannot exercise powers I'm excess OF
those conferred upon II by sta,ute-
Egan Bedford 4 Co. and, for that au
persons equally with tho hank are
bound 10 take notice OF the statute.
The guaranty is void and the bank In
not liable"
Judge Hacker listened attentivcTy.
Have you the Revised Stalutes:" NO
said.
Yes" replied Stratton, handing
him the volume. Section 5i36."
Judge Hacker opened the book Ola
the table and began TO read II care
fully. In a moment he looked up. do
you know OF an authority constituting
this statuteY" he said.
Mr.. Stratton touched his bell. ,nd
the Office boy came In with n copy oS
the Federal Reporter" Strattou
handed the book to Judge Hacker.
Page $685." he said.
Judge Hacker took the yolums Ia
the window and went carefully over
the case. Egah Bedford followed him.
peeping now over and now under hi~
arm. as though the lawyer we're sNan
lining some incomprehensible ipIrrpaa
machine. His face was tense
The whole plan OF Randolph eraSous
was now laid open. Plain. even to-
young Winfield Gerry. He slipped his
hand into mine and wrung IL.
Presently Judge Hacker closed the
volume and returned II to the table
Then he spoke TO Stratton. You sccns
10 be right about this" he said. "T'his
decision OF the United States Cin-ui,
court OF appeals appears conclusive.
The Fifty.eighth National bank did
not receive this money aud eonSe-
quently II cannot be taken 10 be- in th0
position OF obtaining a beneH, by Ito
void act. This money was paid to
Winfield Gerry and not 10 the bank"
Then he turned to Egan Bedford. You
win have to look to Mr.. Winfield Ger
~ for the payment OF these checks.~
Bedford raised his arms above hiS
head and dropped them with "A hope
less gesture. Sue him, sue that feI-
low!" he cried. "Iie Is not worth n
tlnker's dam. lie hasn't q dOliar!"
Young Gerry took out his purse.
stripped on his rings, unlocked HIS
pearl pin from the tie and handed
them 10 Bedford. You are mistaken"
no said; here is quite an estate"
llEnn Bedford struck his hand. scst-
tering the articles over the toor. 1heiH
he seized his hat and bolted out OF tho
room Judge Hacker followed. hur
paused a moment at the door To Offer
an apology for the violence OF htS cit-