Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-02-25
CITY SUITS FOR
STOLEN MONEY
MUST BE TRIED
Court Ruled Bush's Response
bility Does Not Absolve
Banks From Liability.
PADDED PAY ROLL TALE

simultaneously with the uncover
ing of the effort of Mayor Jewett
and others to obtain the release of
Dennis ]. Bush from the penal farm,
Judge Linn Hay of the Superior
Court ruled that banks which had
cashed fraudulent checks amounting
to about S11, 900 issued while Bush
was street commissioner, must an
swer the city's suits to recover the
money.
The judge held it was no defense to
the action TO plead that the fraud was
committed before the checks reached the
bank.
The city of Indianapolis, through for
mer Attorney General Ele Stansbury,
sought to hold seven Indianapolis
banks ad trust companies liable for
approximately S11 299.35. which repre-
sents the total amount Of money paid
out By the banks on vouchers based on
alleged fictitious and padded pay rolls
made out by the street department Of
the city Of Indianapolis when Dennis J.
Bush was superintendent Of streets.
AMOUNTS CITY SEEKS
TO COLLECT SET OUT.
The city In its suit seeks to collect the
following amounts from these banks and
trust companies:
The Fletcher Savings and Trust Con-
pany-S491.90.
The Indiana National Banks ,474ss,
Fletcher American National Bank
/ s., ,265. sc.
National City Bank-s1, 5000
$7Os.
Continental National Bank-Sl, ,257 -.
The Merchants National Bank
s1,742.O6.
In the suits filed by the city Of Indian
apolis as plaintiffs, the banks and trust
companies are in no way alleged to be
connected with the fraud alleged to have
been practiced while Dennis Bush, who
is now on the Indiana State farm serv-
ing a four months sentence for assault
and battery connected with the 1914 cleo
ton, was superintendent of streets in
I914-1915.
COMPLAINTS OF
PAY ROLL PADDING.
The original complaints charged that
when Bush was superintendent of streets
several hundred names Of fictitious or
nonexisting persons who could not have
done a days work for the city were put
down on the street department pay roll,
that vouchers were made out and when
the checks were deliverd to the street De
partment to be delivered to the payees
named, some one wrote the name of the
payee on the check, which was later
cashed at the banks These suits were
fled before Judge Hay on Jan. 81, 1921.
The banks fled lengthy demurrers IN
which II was alleged that the complaints
did not state sufficient cause to action
against the banks.
The main points of the banks in the
demurrers were as follows:
That some of the checks were made out
to bearer" and were properly paid.
That the checks in question were en-
trusted by the city controller to the city
street department for delivery and that
Bush had already practiced the fraud"
That the plaintiffs own acts and Omis-
sions enabled the fraudulent practices to
be committed.
CHARGES OF
CITY NEGLIGENCE.
That the city was negligent in approx
ing the claims and in issuing warrants
and checks.
That the city, through its various
agents, was negligent In the allowance Of
the claims of the street department.
That duly authorized agents of the
city guaranteed the existence of the
payees named in the checks and their
then capacity to indorse them"
These and other reasons were advanced
| by counsel for the defendant banks to
show why the demurrers Of the de-
! PENDANTS should be sustained.
1t was upon the points in the demur-
rers which Judge Linn Hay ruled this
afternoon.
Judge Hay virtually left sick bed to
| take the bench for q short time this
| afternoon so he could make this i'm
| pOrtant decision.