8 Neb. 168 | Neb. | 1879
The testimony in this case is considerably conflicting, both as to the manner in which the school district bonds came into the hands of R. G. King & Co. and the purpose for which they were placed in the State
At this time King was not at home, having passed through Omaha four days before on his way to St. Louis. His business at St. Louis was to get money with which to pay his balance to the State Bank, and as he passed through Omaha he informed the bank of his object and hopes in regard to getting money at St. Louis; also that he had instructed Southard (his clerk), whom he had left in charge of his business at West Point, to send to the State Bank additional col-laterals. Now when the bank received these bonds, with the letter of transmittal, had they, the officers of
The only remaining question is, did King upon his
Q. "What did he say with reference to your holding them as collateral ?
A. We held them as collateral for his account to pay his checks with.
If King said anything at this interview, which amounted to the placing of these bonds as a collateral security for his account, or advances either past or future, the evidence fails to show it, and finally, as if to render it impossible for us to believe that the bank officers, either before or immediately after this interview with King, considered that these bonds had been pledged to the bank as collateral security, we have a copy of a letter written by the cashier to R. G. King & Co., dated September 24, and written, as the cashier testifies, after the interview with Mr. King at the bank, in which he says: “I note contents of yours of the 16th in re-regard to S. D. bonds and warrants. We are not buying warrants just at present, and do not want the S. D. bonds.”
The decree of the district court is affirmed.
Decree aeeirmed.