The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-07-18
ECHO LEXINGTON BANK CRASH.
Judge Shipp Renders Opinion in
Interesting Case.-In Favor in
Defendant,

most important decisions rendered IN
the courts of this county in many
years has just been handed down by
Judge S. w. G. Shipp, of Florence, in
favor of the defendant in the case Of
Sarah C. Eleazer and her husband, H.
H. Eleazer, plaintiffs, against Frank
W. Shealy, clerk of the court Of COM
mon pleas and general sessions for
Lexington county, and special referee.
defendant. This was an action brought
by Mr.. and Mrs. Eleazer arising out OF
the sale of certain lands belonging to
the estate of John P. Bouknight, de-
ceased, in which the clerk of court
sold the property under an order OF
court for a division among several
heirs. The land was bid off by Walter
Looney for the price of S44O, and
thereafter Looney transferred his bid
to Sarah C. Eleazer for $500 and au-
thorized the clerk of court to make
title to Mrs. Eleazer. The sale was
made on the first Monday in Febru-
ary, 1912. On February the 21st, fol-
lowing, H. H. Eleazor, husband of
Sarah C. Eleazer, acting for her, came
to Lexington and presented to the
clerk of court a check on the Lexing-
ton Savings bank for $500 drawn by
one Riddle, with the request that the
clerk then and there make title to the
property in favor of his wife, Mrs.
Sarah c. Eleazer, and at the same
time requesting the clerk to accept
the $500 check and give to him
(Eleazer) a check for 800, the differ
ence between the bid and the amount
of the Riddle check. This the clerk re-
fused to do, stating TO Mr.. Eeazer at
the time, according to the evidence,
that he (the clerk knew bis own
check was good, while he was not
sure about the other mans.
Wanted Cash Only.
The clerk requested Mr.. Eleazer to
step across the street to the Lexing-
ton Savings bank, short distance
from the court house, get the $500
check cashed and bring back TO him
(the clerk the $500 in money. Mr..
Eleazer went out of the clerks Office,
so the testimony goes, and returned a
short while afterwards with a
cashiers check drawn by the Lexing-
ton Savings bank for the amount of
$500 and presented the same to the
clerk of court. The clerk still refus-
ed to recognize the check for the rea-
son, he stated, that the Lexington
Savings bank was then in bad circum-
stances and that nothing but the
money would go at his Office. Mr..
Eleazer went out of the clerks Of
fee, carrying check with him. Re-
turning a second time he again pre-"
sented the cashiers check to the
clerk of court in payment of the bid
on the land. The clerk again refus-
ed to comply with Mr.. Eleazer's re-
quest and did not execute the deed OF
the property in question. Finally al
agreement was reached between Mr..
Eleazer and the clerk of court to the
effect that the clerk of court would
keep the check and use every effort
he could to collect it at the bank.
Clerk shealy testified at the hear
ing that he carried the check to the
Lexington Savings bank and present.
ed it for collection on the same after
noon, the 21st Of February. He was
unable, however, to get the check
cashed, the teller requesting Mr., Shea
ly to hold the check for a day or two;
that sufficient funds would then be on
hanl to ray it. A few days later, the
clerk testified, he carried the check
to the baak a second time for collec-
ton and was unable to get the
amount.
Bank Fails.
III the meantime, the clerk said, he
addressed several letters to H. H.
Eleazer at Chaplin, South Carolina, but
he declared Il at he was unable to re-
ceive an answer. II addition to ad-
dressing the letters to Mr.. Eleazer, the
clerk testified that he communicated
with rae te,ertoue operator in an eff
fort to get IN connection with Mr..
Eleazer in reference to the check. On
the 23rd day of March, 1912, about a
month after Mr.. Eleazer rendered the
check to the clerk Of court, the Lex
ington Savings bank closed its doors
and went into the hands of receiver.