Graham

Plaintiff sues to recover three hundred and twelve dollars, which he had on general deposit with the defendant, but which defendant refused to pay upon his order.

The defense is that the defendant had paid three drafts guaranteed by plaintiff amounting to four hundred and fifty dollars, which drafts had not been paid by the drawee or drawer, although demand had been made, and that thereupon the bank sequestered the deposit.

The guaranty given by plaintiff was as follows,

This was presented to the bank July 29th, with three drafts as follows:

Accompanying each was a bill of lading for a carload of oranges packed in the three cars respectively mentioned in the bills of exchange.

No notice whatever was given to Graham of the acceptance of the guaranty, the advance on the drafts, or of their nonpayment.

The officers of the bank knew nothing of any correspondence or of the relations between Graham and Alt-land except as above. Evidently the bank was not charged with any duty with reference to the fruit which had been loaded into the cars named. They were, however, charged with knowledge of certain facts, to wit: That plaintiff supposed that the fruit already loaded in the cars…