Evening journal., 1914-08-05
ACAIN SQUABBLE
over BRIDGE CHECK
levy Court DevOteS After
noon to Discussion and
Then Takes Recess
UP AGAIN FOR
ARGUMENT TODAY

The much mooted question as to
paying the check for $4,000 drawn
by the Levy Court of New Castle
county in favor of the Atlas Bridge
Company. which check has been held
by County Treasurer Lippincott ow-
inc to the claim of the Farmers
Bank, was again before the afternoon
session OF the Levy Court yesterday.
The same question will be threshed
out again this afternoon when L. B.
Johnson, of Philadelphia, counsel for
the bridge company, will be present
with other officials of the bridge COM
pany and outline the policy of the
construction company relative to fin
lshing the contract.
At the opening of the Levy Court
session yesterday afternoon Commits
sioner Burris said he mad been talk
Ing with Mr.. Cooper. cashier of the
Farmers Bank, relative to turning the
check over to the Bridge Company.
Mr.. Burris said he had had the con-
versation at the request of majority
Of the members.
Mr. Burris said Mr. Cooper had
said he could not authorize that the
check be paid to the bridge company
Until the directors of his bank could
meet Governor Miller, president OF
the board. also is absent. Mr.. Bur-
ris then moved that the motion of
the morning session to stop payment
Oh the check and the issuing of a
pew one be taken up. Mr.. Fouracre
said he first desired to ascertain
whether the bridge company would
finish the work if they did receive
the money.
Mr.. Johnson said his company real
lied that at this time, the cream OF
the work was beginning, as it meant
$40 or $50 a day when the concrete
was poured into the hole. Mr.
Johnson said he was willing to meet
the Court with Mr.. King, president
Of the Atlas Bridge Company, at any
time and discuss the matter. It was
then agreed to hold a meeting at two
o'clock this afternoon. e.
Mr.. Johnson said he felt sure thai
his company would continue the work
The claim of the Farmers Bank, hi
said. had nothing to do with his com
pany. and that all the notes held by
the bank against the Atlas Bridge
Company had been paid.
Following the discussion over the
check a letter was received from
Ernest Smith, counsel for the Farm
ers' Bank. which was read. This let
ter follows:
To the Levy Court of New Castle Co.
Wilmington, Del
Dear Sir:
l hereby advise you that my client
the Farmers Bank. holds an order.
copy of which is attached hereto. dat
ed November 10, 1913, for the paymen
Of Four Thousand Dollars (S4,000.OO)
by the Atlas Bridge Company. to tn
Farmers Bank, on account of the con
struction of the new Third stree
bridge over the Christiana Creek.
As there has been some misunder
standing and dispute about this orde
wish to advise you that my client
the Farmers Bank. takes the position
on general principles of law that thi
order signed by the president of tn
Atlas Bridge Company. is valid ant
binding assignment to the extent Il
which IL purpOrts to assign the debt
even without any acceptance of thi
order by your body The Farmers
Bank, therefore. stands on its lega
rights in the matter and expects to re
ceive from your body the amount leg
ally due il by the terms of such orde
according to the terms thereof.
your body should desire, for your owl
protection, to submit this matter I
judicial determination, I am ready t
assist in doing so in the simplest IN
most expeditions way possible. But
repeat that we regard this order a
valid and binding, and we do nc
waive any of our rights in respeC
thereto
I beg further TO advise you that on
thousand dollars $4,000 has been pal
on account of the debt for which tn
order is collateral. leaving a balance du
of three thousand dollars fS3OOO).
Yours very truly,
lSignedl J. Ernest Smith.
After the letter was read Commits
sioner Groves moved that it be laid owe
until tomorrow. Commissioner BURR
moved an amendment "to Law on til
table" saying he did not consider tn
Levy Court collection agency, an
that he would not recognize the con
munioation again. Commissioner Smit
seconded Mr.. Groves motion, and it wa
carried, Mr.. BuTis exclaiming: eve ca
fight il ont then Just as we'll"
Upon motion of Mr. Burris count
oiisrials were instructed not to entC
into an agreement hereafter with ind
viduals, firms or corporations as to pay
ment on any contracts. This motto
was amended by Mr.. Fouracre to the ei
feet that all warrants for bond issue