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M'CORD BET ON THE WRONG SIDE The Supreme Court Decides a Wager Case. August Funk Changes His Name from Gratitude. A Supremo Court Decision ln a Novel Case—The Result of a, Legacy. Three Default Divorces. New Cases—Notes. An opinion by the supreme court waa received by Supreme Court Clerk Ash more yesterday, in the novel case of T. J. McCord, appellant, versus the now defunct California National bank of San Diego. The action was by a bank de positor, and the queation waa whether tbe bank rightfully paid a check for $1000. The case was tried without a jury, and at the trial there waa a mate rial and substantial conflict between the testimony of the bank teller and the testimony of the plaintiff, who was cor roborated by another witness. The findings supported the testimony of the teller, whose statement, the supreme court states, it iB forced to adopt. The plaintiff's appeal was from the judg ment and order refusing a new trial. Tbe case is such a rare one that the language of the opinion is given sub stantially as it was written. On the 4th of November, 1890, the plaintiff made a bet upon the result of an election. What the election was does not appear, but it seems to be con ceded that the wager was forbidden by our codes. The wager was at night, and a check for $1000 upon defendant waß drawn in favor of J. A. Mcßae— the other party to the wager—and placed in the hands of one Hickman, as stake holder. The next morning, one Frederick, who was authorized by plaintiff to not ify the bank not to pay tbe check, met the paying teller in the street, and told him about tbe bet and the drawing of the check, and advised him not to pay it, Baying that he had no interest in the matter except as the friend of McCord, and would not like to see the boy lose his money. The teller testified that "he did not at any time demand that I should not pay the check, and conveyed the impression to me that he was acting on his own responsibility." That same day Hickman presented the check for payment, but the teller refused to pay it. Later in tbe day Hickman and Mc- Rae called together for the same pur ?ose, but payment was again refused, he refusal was because of what Fred erick had said, and to give plaintiff a chance to stop the payment. On the morning of the 6th, Hickman again pre sented the check and asked that it be certified. Not having heard from plain tiff, and thinking he had declined to pay as long as he would be justified in doing, the teller consented. Of course the bank then became the principal debtor, and the check was virtually paid. The teller at the time drew a memorandum check against plaintiff's account, as his custom was in such cases. On the 12th the check was paid and the amount carried to the account of Hickman, and on the same day, after such payment, plaintiff drew his check All Aboard for San Diego! DON'T" FAIL. TO ATTEND THEIS '■ GRAND CELEBRATION! OF THE 350 th Anniversary of the Discovery of California BY CABRILLO At San Diego on Wednesday and May, September M and 21, AMONG THE PROMINENT FEATURES OF THIS IMPOSING CELEBRATION WILL BE: Landing of Cabrillo From a Ship of the Period. United States and Mexican Troops. I The Discoverer's Reception by Indians. Mexican Artillery Band. American and Foreign War Vessels. | Indians in Native Games. JProcessior|, Kiall Dress Ball, Ba,nq\iet, Litereiry Exercises, etc. An Oration by R. F. DEL VALLE. GOVERNOR MARKHAM and other Distinguished Guests will be Present. mmmmmmmmmmmmmmmmmmmmmm^ Special cheap excursion rates from all stations on the Santa Fe in California and Arizona, and as far east as Albuquerque; also on the Southern Pacific. COME AND ENJOY A GOOD TIME. LOS ANGELES HERALD: SUNDAY MORNING, SEPTEMBER 18, 1892. for the amount and presented it in per son. Payment was refnaed on the ground that plaintiff had no balance to hia credit at the bank. If the facts had been found according to the contention of plaintiff, the court says, and aa testi fied to by hia witnesses, he would have had a good case. That theory waa that be had countermanded the payment of the check. But, aB the court found for the defendant on that issue, the quea tion waa nimpi v whether tbe fact that the defendant knew that the money waa intended to be used for an illegal pur pose, would enable the plaintiff to re cover A caee could be imagined in which to pay a check might be to aid and abet a crime, but even then it would be difficult tn Bee how a guilty principal can ace the depository for obeying hia orders. But, independently of that conaidera tion, it would not do to permit a bank to decline payment on the ground that bad use is to be made of the money. Hia undertaking is to honor his customers' orders so iong aa lie haa sufficient funds, in hia hands. Subject to certain limita tions for the protection of the banker against spuriouß orders, the funds are intended and understood to be aa much under the control of the depositor as though they were in his own safe. "Morse on Banks and Banking, see lion 31," concludes'the court, "laya down the law upon thia subject aa fol lows : 'The banker cannot excuse hia disobedience of his customer's orders, in the due course of business, by setting up the reaaon that he knew or had rea son to believe, that the customer's order was given in promotion of an unlawful purpose.' "The banker, in paying a check, is not, aa appellant seems to contend, in the position of one who purchases nego tiable paper. He is a custodian of funds and payment of a check of hia customer is payment to hia customer, who is in no position to complain. And besides, public policy would not permit a banker to shirk his duty under such defenses. "So obvious is this that the books contain no cases where tbe question is raised, except where the deposit iB of trust funds by an agent. "Under these views, it ia obvious that the alleged errors were not errors, or were harmless. The judgment and or der appealed from are affirmed." CHANGED HIS NAME. A German's Gratitude for a Legacy Left by Bis Uncle. Yesterday Judge Wade heard an ap plication presented by an aged German named August C. Funk, to have bis name changed, and granted it. The facts in the case form a pretty little story. Mr. Funk was born in Germany, near Frankfort-on-the-Main, and is 60 years old. Hia father is dead, and he has two brothers and a sister living, John F. Temple, at Chicago, and Wm. Funk and Elizabeth Krieech, at Bur lington, lowa. In 1868 bia uncle, John Heinrich Temple, who lived at Frank fort, died, and left him a legacy. He felt very grateful for thia remembrance. He had been brought up by him, and had always felt the greatest affection for him. He very soon afterwards assumed the name of Temple, dropping his own name, and has been known ever eince by the name he aeeumed. He took the present atep to legalize tbe aaaumption of tbe name, under the laws governing the change of names in this state. Those who were in the court room were very much interested in the little romance revealed by the old gentleman, and he left the court room with a pleaeed look upon his face, aa if he waa glad that he had finally completed the object upon which his heart waa act. Sampson's Cunning Play. Yesterday afternoon E. Sampaon was arrested on a complaint for battery, aworn out againat him by a 12-year-old boy named Ellender Petta, and the trial of the caee, next Thuraday afternoon at 1:30 o'clock, will probably bring out aome racy testimony. The boy's moth er, Mra. Petta, Uvea out by Prospect Dark, in the northwestern part of the city, aud she has had a horse and buggy for some time, which is said to have been presented to her by Mr. Sampson. Yesterday morning Simpson left Mrs. Petta' house with the boy. According to the Petta' aide of the trouble which ensued, Sampaon was to be driven to the Temple-street cable track, and after leaving on that line for town the boy was to drive the vehicle back home. In stead of that, however, when they reached the track the boy waa told to get out. Upon refusing to do so, Samp son, it is alleged, struck young Petts and bundled bim out, driving off to the city with the rig, while the hoy walked h me. On hia aide, Sampaon claims the horse and buggy aa hia own, and denies that Mra. Petts haß anything to do with it. The outfit was taken to the 0. K. stables, where it now remains. Sampson was put under $400 bail, which he was unable to give, and went to jail to await hia trial. Three Default Divorces. Yesterday afternoon Judge Wade ground out three decrees which rendered the bonds of matrimony between three couples null and void. Mrs. Grace E. Green was granted a divorce from her husband, L. O. Green, on the ground of desertion, and Mrs. Green was allowed to resume her maiden name of Miss Grace E. Haven. Mrs. Ada A. Fisher secured a decree divorcing her from her husband, E. A. Fisher, and she was also allowed to resume her maiden name of Ada A. Pedgrift. The couple were married Jauuary 8, 1884, and the husband left her May 1,1891, and they have since been separated. Mrs. Nannie C. Bishop was granted a decree of divorce from her husband, A. Bishop. The custody of two children was awarded to the defendant, the old est absolutely, and the younger until the further order of the court. The Monroe Case. Yesterday morning, before Justice Owens, the examination began of George Monroe, who was charged with obtaining $1000 from Thomas Widd, a deaf mute. The particulars of the tran saction were given several days ago by the Herald. It is alleged that Monroe, in addition to the busy time he had with Echool warrants, found ti me to in duce the deaf mute to go into partner ship, and got away with his $1000 by impressing him with the magnitude of his resources and plans for making money quickly. The examination last ed most of the day, and it was a pecu liar one. As the prosecuting witness is a deaf mute, an interpreter in tbe sign was necessary, and it took about five minutes to ask and answer a question. The examination was not concluded yesterday. Court Notes. The James Lacey damage suit for $10,000 against George K. Porter, on trial before Judge Wade, haa gone over until Tuesday morning at 10 o'clock. The case of the City Water company et al. va. Hubbell et al., haa been con tinued one week by Judge Wade, by concent. In the foreclosure anit of the Califor nia Loan and Truat company va. James Hommel, judgment waa rendered for the plaintiff by Judge McKinley. The case of Smith et al. va. Mrs. Nel lie A. Rhodes et al. was argued, and submitted to Judge McKinlev. The plaintiffs allege that the Vineland irri gation district illegally cansed their land, valued at $3000, to be sold for non payment of an assessment of $14 G5, and that Rhodes afterwards fraudulently conveyed the property to his wife, Mis. Nellie A. Rhodes. In the case of Alvarado vs. Tonner, a foreclosure auit, judgment WW rendered for the plaintiff by Judge Shaw, and a stay of execution of 10 days granted. A motion to modify an injunction aa to the custody of a child was denied by Judge Shaw, in the case of E. W. Sar gent vs. Mrs. Grace E. Sargent. The child, a handsome girl of 14, will still re main in the custody of Mra. Paeco, pend ing the trial of the cause. Judge Clark rendered a decision in favor of the plaintiff in the foreclosure suit of the Security Loan and Trust com pany vs. I. P. Welcome, for $3145 23. A judgment in favor of the plaintiff for $1259 25 was rendered by Judge Clark in the forecloaure suit of I. N. Moore va. P. E. Webb et al. Fritz L. Savander, a native of Sweden, was admitted to citizenship by Judge Van Dyke. An information waa filed by the dis trict attorney againat Frank Morgan, charging him with having burglarized tbe room of Stanley Lawrence, August 25th. He will be arraigned September 18th. Judge Smith granted a decree oi di vorce in tbe case of W. P. Meredith vs. Mrs. Weltha P. Meredith. Thomas Walsh, a destitute minor, was committed by Judge Smith to the Whit tier reform school for five years. A decree of foreclosure was granted by Judge Wade in the case of the Cali fornia bank vs. J. Bobarts et al., on a note for $600. Manuel Arballo was arrested on a complaint charging him with threaten ing to kill his wife, Mrs. Angela Ar ballo. He was arraigned before Justice Stanton, and in default of $1000 bail, was sent to jail to await his examina tion, which was set for next Saturday, September 24th. New Suits Filed. A petition was filed for the probate of the will of Joseph H. Gray. The estate is valued at $13,450 part of which is in Los Angeles county and part in Mari copa county, Arizona. The property in Los Angeles county is valued at $3500. J. C. Weßt, overseer of Azusa road district, began Buit against Emma J. and John T. Gordon, to have obstructions across Citrus avenue removed and $10 per day for each day the fences have not been removed since notice was given. Mrs. Concepcion A. White began suit against John S. White for $50 per month alimony. She claims that the defend ant has not lived with her since Jan uary 1,1892. They were married Jan uary 5, 1874. Have soft white hands that you will be proud of. use Molllne. Free. Call on Off <Ss Vanghn, druggists, Fourth and Spring streets, and get a sample of imported almond meal for sunburn, freckles and tan. Hot commercial rancn aauy at The Ex nhanee. "28 rtouth 8o»ln* reet. Mnsse" fntoe. IT ISN'T DIFFICULT To crack the nut in which the truth ia N. hidden. The easiest thing in the world * • \ ia to spend money, and it'a juat about /ink*. \ *s e »ay to apend it iniadicioualy. This / \ is exa ctly what you d.j not do when yoa >_>/ D Q \ purchase our tine diamonds and other >/ JBIJ^M \ P recious Benis uikl jewelry. When you €f - I i*y . out a dollar you expect to get it back r^i^^^Vl."fl ' I a K ain . not ' in actual money, hut in value fI_TJS&iISII! ™ I. ■ I r o ce ived for value given. We give yon J' at leaBt a dollar 'fl worth tor a dollar,and /$ 'ye guard your interesta aa carefully as as we <io our ov> "' F '? ure «" carefully r li M y° u please, you can never make a Nfe TXF TXUTH IN /t more P r out ah, e calculation than that .(..C, «irn V which enters into the purchase of our ' r%B&*' J\ li ,*-«&.Hfc ) diamonds, watches, jewelry, etc. wagnerTjeweler, 125 South Sp.ing Street,. |JH BBS Branch of the Dr. Liebig Co. of Saa Francisco. jjSjS?- The staff of the Liebig World Dispensary are the only surgeons in Loa Aiizeles performing the latest operations required lor a radical cure Hydrocele, Varicocele, Piles, Fis- V tula and Recta! diseases, Rye, Ear, Nsse, rnroat and Lungs, llseases of the Digestive Or- Ml ;dUS ' and diseaBu9 of womsil aHU children. DISEASES AND DEFORMITIES. Appliances for Rupture, Curvature of the •••-«S»fPl§l§sfP»fe'i' It.', (4^SSIP** Spine, Olub Foot, and a;l deformities, manu- HI 11 1 "— • iactured by our own instrument maker. I M \ T Nervous Debility, Sexual Weakness, Loss of Power, (Sleet, Gonorrhoea, Syphilis, nil ij IVI Spermatorrhoea and all unnaturai discbarges of either sex treated wltb unfeil- IVI [ Iv ing success. Confidential book and bottle of German Invlgorator given free to ill L* a 1 prove its merit; sure cure for special private and nervous troubles. All our pbyicians censtantly in) Address nri I ICDIf) V Pf\ 123 8. MAIN ST.'. attendance from 0 a.m. to 0 p.tn.J (In confidence) Lllx. LIIIDIU di UU., LOS ANGELES. THIRD ANNUAL SALE AT" AUCTION I Attention, Horsemen and Lovers cf Popular-bred Trotting horses:— On Saturday, September 24, 1892, at 2 O'clock p.m., I will sell at HANCOCK M. JOHNSTON'S STABLES, head of Downey avenue, 00 IF i' 9 0 14 rJ P'll' very fashionably bred among them LL mm 01 lOltS M FIIIICS ISSSS 2:13, dam Reedwheat, a thoroughbred mare. His Richmond and D 1 Sur cross, with a thorough bred foundation, should make the youngster bring a iong price All the others are finely bred, and this sale .will call out a" ateur horsemen who wish to purchase a youngster and develop him themselves. Please attend tbe sale in confidence as Mr. Johnston does business squarely. Your price is bis; no reserve Terms cash, fuf Stock can be seen on ana after Wednesday, the 21st inst. Cata'ogue out on Monday the 19thinst. E. VS/. NOY ES, Auctioneer. COLUMBIA SAVINGS BANK. CAPITAL, - - - - $100,000. Temporary Office with the Citizens' Bank, corner Spring and Third streets, until our room is ready for occupation in the new Stimson block. T. D. STIMSON, President. T. W. BROTHERTON, Vice-President. A. P. WEST, C&shior DIRECTORS: T. D. Stimson. H. Jevne. T. 8. C. Lowe, A. M. Ozrnun, Andrew Mullen, K. H. Wade, - J.R.Clarke, Robert Hale, Jabez Percival, T. W. Brotherton, A. P. West. NAMES OF STOCKHOLDERS: Bsldwin, Mrs. H. A. Bllnn, L. W. Jones, C. B. Kohlmeier, C. C. Burns, J. F. Brown, T. K. Lewis, W. M. Lowe, T. B.C. Brotherton, T. W. Clark, J. R. Lewis, Thos. A. Menefee, J. M. Clark, Wesley Chambers, Edw'd Mullen, Andrew Mullen 1. F. Curry, Mrs. S. K. Curry, Miss K. I. Martin, I. T. McClnng, Mrs. E. B. Cullen, K. P. Demens. P. A. Ozmun. A. M. Percival, J. Dillon, Henry C. Drlscoll, W. A. Pease, Niles Parker, Dr. F. M. ■ekltrom m Strosburg Fay, E. 6. Rvan, M. T. Stimson, T. D Fay, F. E. Pauls, G. P. Stimson, W. H. Stlmton, Mrs. T. D. Fro.'t F. P. Fay. Eli Stimson, C. W. Stimson, H. C. Fay, Harriet K. Vixen, A. H. Spenc r. Miss Mary E. Beaberg. Hannah Gillespie, M. M. Pale. Robert Van Dyke, W. M. Van Quisling, M. I. Hale, C. F. Hoch, Wm. West, A. P. Williamson, R. B. Jevne, H. Jones, J. H. Wade, K. H. Waters, R. J. Johnson, M. D. Johnson, O T. Interest paid on Deposits. Money to loan on Real Estate. 3