The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-17
LOCAL BANK MUST
PAY FOR FORGERY
Bank OF Richmond Handled
Check for Frank II. Fitzgerald,
Convicted Embezzler.
COURT DENIES ERROR WRIT
Claim Made That kingan & Co.
Desires to Recover From
Innocent Bank.

In its petition for an appeal. re-
fused by the Supreme Court yester-
day. the Bank of Richmond claimed
that ii was the victim of plan TO
make il pay the face value OF sundry
checks which had passed through its
hands. but which were forgeries. and
which IL incidentallys ha ndled in the
course OF business. as an innocent
pai-ty The court could find no error
in the judgment of the Law and Equity
Court of Richmond which will now
stand
The whole affair is an echo of the
actions of Frank III. Fitzgerald. VINO
was convicted of enibezzlement from
Kingan & Co, packers. OF this CITY.
He was given term in the stare
Penitentiary. The forgerfes are said
TO be his.
Claim KinEan Wants Money.
While the suit was brought in the
name Of the Seaboar< National BANK
of New York. the petition argues mat
the real litigant is Kingan & Co, de-
string to recover money which mao
been stolen by Fitzgerald because Of
the FIRMS own negligence LEVERS
were produced TO show that John NJ
tional Bank Of Richmond. has prom
Used to indemnity the Seaboard Bank
from any loss it may sustain. the pre-
sumption being that the New York
bank cannot lose.
IT seems that Albert E. Jordan was
once connected with Kingan & Co, as
A dealer in Sr1!thfeld hams. the ousi-
ness being done under his name. he
died IN 1919. Afterwards. Kinsan &
90 continued the business with his
name Part Of the product was solo
to Charles & Co, of New york
story Of Transaction.
Late IN 1879 and early in 1910. thJee
checks were drawn by Charles & 20
two on the Fifth Avenue Bank OF New
yor,, for sl0i.97 and $l21.s2. reepec-
lively. and one on the Lincoln Nacohai
Bank FOR sfG..ie. Fitzgerald was then
assistant bookkeeper for Kingan
Ga and It is said he forged the name
OF Alber, T. Jordan as payee OF these
checks when they reached the once
in course of business. although org
inaIIy PAYABLE to other parties. ritA-
GERALD deposited them In the Main
street Banl. to his credit They were
paid by that concern to the bahh Oh
Richmond which sent them to the
Seaboard Bank. by whom they were
collected from the banks on which theF
were drawn.
sfterwards. It is alleged. plans were
discussed by which KinSan & &c. couia
recover the money. George BY IL
is said, advised that chain OF SUITS
be started, first against Charles Co.'
which firm would then sue the faf!n
Avenue and Lincoln Banks, VINO ~ouIo
in turn sue the Seaboard, which wouio
attack the Bank OF Richmond, ana 80
hack TO the Main Street Bank ms
seems. however. to have been aoah-
doned. Then II was, II is SAID, Jonn
NJ. Miller. Jr.. passed the WORD around
that if the Seaboard Bank would set
We Win the other New York concerns
and sue the Bank Of Richmond, he
un,,,d see that it los, nothing. The
guarantee is said to have been per-
sonal with aim.
Negligence h Charged
Tn. argument was made before the
supreme Court that Ktnsan & Co.
,x,s ma liking an effort to recover money
which would not have been stolen by
Ei,zy.rsId If II had exercised due
diligence. Fitzgerald. it was pointed
ou, WAS a former convict, taken oat
of the penitentiary by Kingan & CO.,
and given the run of the office, where
n. could op.n mail. secure checks, an"
had access not only to his own DOCKS
an, to those of other clerks. In when
he could make entries which would
serve to cover UP his iraudu!ent tfah
actions. Had these books been ex-
amiued. il is argued, the speculations
couid bsy. been discovered long be-
fore ETtzgsrald was really apprehenoeo
and prosecuted