The Marietta journal. (Marietta, Ga.) 1918-1944, 1922-07-27
CITY IS SAVED AP-
FORTUNATELY SEQ,
900 BY DECISION
Only 10 Days Required by Court
to Reach Decision. Case Car
ried before 8 Courts

The city of Marietta won the final
decision in the Frank Scarboro case
last Tuesday in the court of appeals.
This case has caused much interest
Throughout the state because of the
number of similar cases. The case
has been heard before three courts
and each time the city won the YER
dict but always the plaintiff, the Ma
tlonal Park Bank of New York, car
ried it to another court. However.
the recent verdict of the court of
Appeals is final
Quick Verdict
The case was argued for the civ
by Col. j. z. Foster and for the
Bank by Messres Mcdaniel. Black
and Green, of Atlanta and Boston
and Brown of Marietta. It is report
ed that the last decision is one of the
quickest ever made in civil case
by the court of appeals. The case
was presented on July 10th and the
verdict was rendered on the 25th of
July.
BY winning the case the CITY il say
ed of an idebtedness of aprox;mafeiv
$50, 900, this includes the princiDaI
$4,000 and the interest at 6Us that
has accrued since March 1, 1919. Ev-
en- II the notes could not be collect
ed they presented an indebtedness
SO that the city could not borrow
more money.
History of Case
The city owed the Scarboro Com
pany, of Triton, Ca, 5000. This
debt was secured by notes. When the
notes came due Scarboro wrote IN
the city Of Marietta, through 4. b.
Gurley, then cashier Of the Merchants
and Farmers Bank, and asked them if
Lney wished to renew the old notes.
Fl'has was agreeable to the city 10 they
forwarded him new notes covering
the old ones which they were to re-
ceive in exchange.
Several weeks passed and the old
notes were not received, so Jim Brum
by, went to Triton to interview Scar
boro about them. Scarboro said the
notes would be sent in few DAYS.
However, before they arrived the old
notes came due and the Boston Bank
who had them, wrote the city to for
ward the money to cover them.
After investigation it was found
that Scarboro had discountde the new
notes at the National Park Bank. of
New York, and had sold the old ones
to the Boston Bank. Scarboro skin
ped the country and has not been
heard from since.
Banks File Suit
Both banks Immediately filed suit
against the city for the S48. 600 in
the Federal court in Atlanta. AS the
Boston bank had a legal claim ON the
city, Mr. Foster told them if they
would transfer their suit to the Cobb
Superior court he would confess iud-
cement. The bank complied with this
request and judgement was confess
ed on the first day of the court.
The New York bank, however.
kept their claim in the United States
court, where it was heard before
Judge Grub, of Alabama. The CITY.
through its attorney, Mr.. Foster.
claimed that the Federal court had
no jurisdiction over the case. The
jury found that the court had no
jurisdiction, after being explicitly
charged by the court to either find
that the court had no Jurisdiction or
ind in favor Of the city. If this court
had had jurisdiction this decision
would have been final.
The case was then brought to the
Cobb Superior court, where it was
heard before Judge w. E. H. Searcy.
Jr., of the Flint Circuit. Bv agree.
ment Of both parties the court de-
clded the case on the facts in
stead of jury decision. The court
found in favor of the city.
Final Verdict Rendered
After this decision the case was
carried to the court of Appeals.
where the case was argued on the
10th of this month. The final ver-
dict rendered in favor of the city last
Tuesday, July 25th, after only Is
days elaboration. 1t is understood
that most civil cases take up months
of deliberation before the veredict
is rendered
1t is understood that other cases
of this same character have been
lost. One instance is the Lauren
Co. case in which the Master in Chan
Gerry decided that the county was la
bic for the $4,000 worth of notes
sold by Scarboro.
The city and it's attorney, Col. Fos-
ter are to be congratulated on this
signal victory.