Carrizozo outlook. [volume] (Carrizozo, N.M.) 1910-1945, 1918-07-12

KNNNA ~ - RNNNN"MNNINH 49," NNL NNA
pom was presented and put In judg-
mont first by Mr.. Coler. second by Mr..
sellFman. The cancelled coupon - in
the file OF the case In the District
Court on which Mr.. solIgman secured
Judgment. The coupons are missing
from the file OF tho Coler case. The
writer believes Mr.. Color. or the per-
son drawing his complaint, made n
mistake In listing this particular cou-
pom.
Undoubtedly the district attorney
either failed TO check ovor tho coupons
or failed 10 detect this one Item among
a large number OF similar ltoms. Tho
face Of The coupon was $500, interest
SiS.s5. There IL nothing in this state
Of facts TO lmputo fraud to any OF tho
. parties concerned.
The second Item IN slzo Is s3Si.75l
presented by NJ A. Otero for Maud
Paine Otero. Tho claim is based upon
coupons 90 10 30 inclusive and cou
pons SO. and 81 Of a bond numbered $40
and dated March I, 1899. No bond OF
this number and date was ever legally
issued by the county. Whether tho
claim was fraudulent depends upon
tho knowledge Of the claimant Of this
fact. The bond IL oxactly like the gen.
uinc bonds numbered 32S 10 500 Of
March I. 1899. issued TO Moore and
\ schley. without Investigation Of the
county's records II appears on It's Taco
10 be a genuine bond. without direct
evidence Of knowledge of the county
records there Ia nothing to imputo
fraud to this transaction, although, un-
less the claimant a prove that she
was n purchaser for value without no.
uce the case constitutes a possible
claim on the part OF the state In u
civil action.
Third In size Is the amount of
50, 297.Ss set out as Implications by
Moore and Schley. This consists OF
two separate ltoms, one n duplication
in the original r%efundlng settlement in
1892. the other n duplication OF certain
coupons put in Judgment by Moore and
Schley In case 3,403.
I'm 1892 Moore and Schley secured
the refunding of the railroad bonds OF
1887 owned by them together with the
unpaid interest on thoBo bonds, They
owned all but six out OF $50 bonds. In
their settlement at that time they
claimed 10 own all the unpaid Interest
coupons. In fact the owner OF the SIX
bonds not presented by Moore and
Schley presented and collected on ten
amounting to $500 attached
TO these six bonds. Moore and Schley
thus duplicated $500 at that time.
Bonds 500, sol and 500 OF 500 each
represented this excess charge. Fol-
lowing these bonds and their coupons
through numerous judgments n TO
final settlement II was found that
Moore and schlsy collected on them
the sum OF Si.o47.02 %. AS Moore and
sehley did own all the coupons OF the
original railroad bonds OF several.
numbers and by mistake claimed
them all there Is evidence only OF a
mistake In collecting this original
5000, a proper basis for a civil action.
Moore and schley took up all OF
coupons number l OF the bonds OF 1892
and took from the county a certifl-
cate OF indebtedness for $4,307. so,
which was to have been paid from the
taxes OF 1928. In fact the certifi-
cate was never paid and was put In
Judgment In case 34G3. The county
bond register shows that coupons 1
from bonds 4s2 to i9S were paid This
could have happened by their ahstrac.
ton from tho county files and a sec
ond presentation as won ms by a du.
~plication on the part OF Moore and
schley. A double payment was made.
That Moore and Schley got II cannot
he proved. or course no fraud can be
imputed 10 them under this state OF
facts and even a civil action might
fail of proof against them.
Fourth IN size IL the claim Of W. r.
Jacoby OF New York based upon al
legged bonds sci and 522 and coupons
thereof dated March 1, 1892, W. r. ia
eoby did not present these bonds to
the board OF loan commissioners
They were presented by the Law firm
OF Catron a Catron claiming 10 act
for Mr.. Jacoby. The bonds are not
like the other bonds Of March /, 1892.
they we're never registered by the
county and appear to the writer 10 be
forgeries.
Finally. the claims OF Mr.. W. @, Kei
ly amounting In series &C" elaim'
alone TO an over.pnyment Of $40.
6s4.1s. This 10 made up Of
pu%plications .s,.......'....tsl5es ;
Fraudulent bonds .''..''..'. s'tsoi
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