American Bank's Dain on Promissory Note In the U, 8. Court on Wednesday the case of the Citizens Trust and Savings Bank of Chicago v. Mr. L. WY. Hoyt came up before his Honour Judge Purdy. A previous decision filed in January of this year had dismissed the case involving a pri-misery note signed and delivered by the defendant to the plaintiff in 1923 for the amount of §2,127.78 with [interest at seven per' cent. until paid and G.S286 for' attorney' fees.
Shortly the decision of last} January plaintiff contested the action with a view to presenting additiona! testimony which had not appeared in the previous suit. A deposition from Harry B. Staver of the Chicago Bank was presented court on Wednesday ong the de. fendant was examined find eross-examined from it, Defendant is represented by Mesers, Schuh! and Schoenfeld end plaintiff by Messrs. Chalaire and Franklin, His Honour adjourned the seas. facts were clear. Defendant di obtain the goods from complainant. Complainant stated that very clearly! in his answers that the goods were handed to the accused on commission. Complainant also stated that he did not trust accused at first but, after doing business for some time, he allowed goods to go without receipts. Defendant also said that! he had sent letters to edmplainant, but the latter denied receiving any. There was no suggestion in the questions sent down by counsel for the defence that complainant embezzled the goods. Accused was also offered free passage to Java, which he refused to accept. This would have given him an opport tunity to clear his name with the Dutch authorities, but he declined to go, concluded Mr. Maitlan The Court, after considering the matter, announced that the criminal case would be dismissed as; the Court, was not satisfied as to the evidence offered by complainant. The benefit of doubt would, therefore, be allowed to accused. The: way of starting a civil action against aes cused was open to complainant, if {more than 30 et in trent of them."\ Min: Maitland contended: that the! he derided to enter: a laity
Text read from the printed page and cleaned; old type leaves the occasional error.