Page:Federal Reporter, 1st Series, Volume 10.djvu/257

 TEIBD NAT. BANK V. HABRI30M. 245 �The Coffey notes mentioned in this agreement have been renewed from time to time, and renewal notes for that part of the collateral (except $500 which was paid thereon, and which was the credit men- tioned as given Alexander in the main $5,000 note) are yet current, in possession of the bank, not matured. These renewals of Coffey notes were all made through Alexander; the bank did not see Coffey in the transaction. Alexander would bring in the renewal note and the bank would take it and give up the old note to Alexander. De- mand bas never been made of Alexander for the payment of the $5,000 loan. Craig Alexander has been director in plaintiff's bank during the period covered by the dealings mentioned in this case, and is yet such. In the bank it is customary, if a director wants a dis- count, to have him retire while his paper is being passed on. A mem- orandum is kept among the bank's papers, for the use of the bank, as receipt of the cashier to the discount clerk. This is numbered 3,470 : �"Ko. 3,470. Thibd National Bank of St. Louis, �St. Louis; 10—5—1878. "Craig Alexander has deposited in this bank package containing collat. D. �li. $5,000, subject to order or instruction. �[Signed] " T. A. Stoddaed, Cashier." �The bank had no notice of the transaction out of which the notes grew. Alexander had a large running account at the bank during this time, and was at various times indebted to the bank on general account. �Plaintiff offered in evidence the notes sued on in these cases. Defendant Harrison objected because same are incompetent and irrelevant, and because the pleadings do not deny execution of the notes, and because the notes are void under the Missouri statutes touching gaming and gambling devices. Objections were overruled by the court, to which ruling said defendant exeapted at the time. Said notes were then read in evidence as follows : �{Note No. 1.] �"81,188.29. AuLLviLLE, MissouKi, August 28, 1878. �" One year after date I promise to pay, to the order of Craig Alexander, eleven hundred and eighty-eight and twenty-nine one-hundredths dollars, for value received, negotiable and payable without defalcation or discount, and with interest from date at the rate of 8 per cent, per annum. Payable at Third National Bank of St. Louis. J. W. Haeeison. �[Indorsed:] " W. Q. Harrison. Craig Alexander. ��� �