Stanley Matthews

“ Neither is there any reason to conclude that the bank was responsible either for what Hinckley did or failed to do. There is no evidence to warrant the conclusion that anything the bank could have done, beyond what was done, would have resulted more favorably to the plaintiff. In our opinion, therefore, the court below was justified in its ruling upon the evidence, instructing the jury to return a verdict for the defendant. ”

“ The plaintiff's case, therefore, upon this cause or action, is without proof.
As to the second cause of action, the facts stated in the complaint seem to us to be sufficient, if proven, to constitute a legal liability on the part of the defendant. It would certainly be competent for a national bank to take measures for the recovery of its own property lost in the way described. ”

“ These $25,000 of bonds were a part of the $100,000 lot, and upon delivery were locked up, and the transaction concealed until June, 1878. After the $6,000 was paid, the difficulties of negotiation increased, the persons holding the balance of $75,000 making exorbitant demands. While further negotiations for the $75,000 were proceeding, Hinckley, though acting as an officer of the bank for all parties concerned, and acting with Edwards and Warrener, again attempted to make his private bargain for $19,000 more of Union Pacific bonds supposed to be in the same lot. ”

“ This was an action at law originally commenced by the plaintiff in error in the superior court of the city of New York, and removed by the defendant into the circuit court. The complaint alleged that on the twenty-sixth day of January, 1876, the plaintiff was the owner of eight first mortgage bonds of the Pacific Railroad Company of Missouri, for $1,000 each, with coupons attached, which at that time were in the custody of the defendant for safe-keeping under an agreement by which the defendant agreed to keep the same safely and deliver them to her upon demand ”

“ Negotiations were conducted between the bank and Scott and Dunlap, then in state's prison, and influence brought to bear upon them, for the return of the property, and they finally stated to one of the directors that Leary had control of it. After Leary was arrested, Scott and Dunlap wrote a letter to him, which resulted in the greater portion of the property being recovered soon after Conners was taken to Northampton. ”

“ If the offer had been to return the Missouri Pacifics, you would have been notified, and not I. Every effort was made to induce the holders to name a price at which they would return the $100,000, but to no purpose, although I have good reason to believe that, if I had accepted the second offer of 50 per cent. ”

“ On February 9, 1878, Wylie received from Hinckley, one of the prominent directors of the bank, a letter representing that he was acting for the bank, and inclosing the following paper, which he requested the plaintiff to sign: 'We, whose names follow, having suffered the loss of securities by the robbery of the Northampton National Bank in January, 1876, hereby agree to pay a pro rata proportion of the expenses incurred in obtaining them, and returning them to us.' Hinckley wrote again, February 27, 1878, as he says, at the request of Warrener, and Edwards, the president, urging Mrs. ”