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Farmers' Bank Vs. Wm. Aprill

Farmers' Bank Vs. Wm. Aprill image
Parent Issue
Day
1
Month
December
Year
1887
Copyright
Public Domain
OCR Text

Since the famous Sophie Lyons' trial, no case in the Washtenaw circuit court has caused so much interest as thst of the Farmers' & Mechanics' bank of Ann Arbor vs. William Aprill and John Keek. Sawyer & Knowlton and Cha?. R. Whitman were attorneys for the plaintiff, and Kinne & Lawrence for the defendants. Judge Beach of Sanilac was on the bench, and won many pleasant commendatiocs from all siiies for the manner in which he presided. The suit began Nov. 22, and lasted until Tuesday evening Nov. 29, the court ob3erving Thanksgiving day. The case involved about $5,000; but it was immediately concerned with a note for $2,500 given by John Keek to the bank, and bearing the name of William Aprill as endorser. Mr. Aprill ewore that he did not sign the note. Densmore Cramer testified that he knew that John Keek wrote the name of Wm. Aprill on the back of the note. Capt. Manly, of Ann Arbor, and D. B. G-reene, of Ypsilanti, gave expert testimony which was against the genuineness of the signature. The bank tried to prove that the signature was genuine; but endeavored to show that Mr. Aprill was liable even if the sigoature were a forgery, because Mr. Keck's property was turned over to him for the purpose of paying the debts, and for other reasons. The defence tried to show that the caae rested entirely upon the genuineness of the signature. Mr. Aprill's defence was complicated by his having acted as trustee and quietly paid two forged notes of $4,500 each at the National bank, probably for the purpose of shielding the good name of John Keek, who is nis brother in-law. He was secured for them by Mr. Keek, but claims that thé property on which he was given a mortgage would not sell for enough to reimburse him wholly The judge read his charge to the jury Tuesday evening in less than 15 minutes. In conclusión he said that the burden of proof rested on the plaintiff in all the questions. It the jury should find that Aprill did endorde the note, or that Keek had authority to sign Aprill's name to the note, or that Aprill had ratifled or adopted the signature, or by his conduet had estopped himself from denying liability, then in either case plaintiff would be entitled to a verdict ; but in case not one of these could be found, than a verdict of no cause of action should be rendered. The j'iry retired at 7:15 p. m. and remained out till 2 a. m. of yesterdsy, when it was found that it was impossible to agree. They stood 10 for the defendant and two for the plaintiff. Great sympathy is expressed for Mr. Aprill, and once in a while some one says a good word for Mr. Keek, akhough the testimony is very damaging to him.

Article

Subjects
Old News
Ann Arbor Register