Jasper County Democrat, Volume 10, Number 41, Rensselaer, Jasper County, 11 January 1908 — BAUGHMAN & WILLIAMS WIN OUT. [ARTICLE]

BAUGHMAN & WILLIAMS WIN OUT.

Appellate Court Reverses Decision in Lowe Check Case. The Appellate Court Tuesday reversed the oase of J. C. Lowe of White county against Baughman & Williams, wherein he sought to recover on a check given him the Saturday afternoon before the McCoy bank closed its doors here, nearly four years ago. To those who are not familiar with the transaction a few words in explanation will be proper: The defendants made a collection for Lowe of *629.24 and deposited the same in the McCoy bank with their regular account. Lowe came over the Saturday before the bank closed and they settled up their business, and one of defendants started to the bank with Lowe to get him his money. On the way across the street a new arrangement was made whereby he was to get $lO

more to pay another attorney who had assisted in the case and both returned to the former’s office and when the matter was finally fixed np Lowe noticed that the bank was closed and said he would take a check for the amount and deposit it for collection at his home bank.

He was given the oheokandwent home with it. The bank/ never opened its doors again and he came baok at Messrs. Baughman & Williams to make good the loss, which they deolined to do. Suit waa,brooght and a judgement rendered against them in the Newton oirouit court, where the case was taken on charge of venue. Defendants took an appeal with the above result.

In rendering'the opinion Judge Roby of the Appelate court said: "Certainly no one but himself was responsible for payment not being made in money, and while his action in' that respect was probably influenced by his desire to get sloout of the attorney fee, it was nevertheless his action. Of course none of the parties anticipated the failure of the bank, but subsequent facts not within their contemplation do not bear upon their original intention. Counsel fail to indicate any evidence tending to show that the check was not accepted in payment of the debt. When appellee took the check in preference to the money in payment of the amount due him it became his check, just as if pellant had paid him so much money, and the debt was extinguished.”