Page:Federal Reporter, 1st Series, Volume 4.djvu/63

LINDSEY V. LAMBERT BUILDING & LOAN ASS'N. 49 �has been held by the supreme court of the United States (Grant v. The Nat. Bank, 97 U. S. 80) that it is not sufficient that the crediter may bave had some cause to suspect the insolvency of his debtor. The court, in that case, say : "Hun- dreds of men constantly continue to mate payments up to the very eve of their failure, which it would be very unjust and disastrous to set aside." • �In the present case, under ail the evidence, the materia] faets are not the subject of dispute. William F. Casey, for several years prior to August 13, 1875, had been the treas- urer of the defendant corporation, the Lambert Building & Loan Association, receiving and disbursing from time to time its funds. Prior to the date mentioned he had never kept any separate bank account of the funds of the associa- tion. He kept individual bank accounts in the Anchor Sav- ings Bank and the City Savings Bank. On the date men- tioned (August 13, 1875) he had in his hands of the moneys of the association an amount slightly exceeding $6,000. On said date he went to the Bank of Pittsburgh and opened an account in the name of W. P. Casey, treasurer of the Lambert Building & Loan Association, and deposited in that name and title $6,000, and took a certificate of deposit for the same to "W. F. Casey, treasurer of Lambert Building & Loan Association." He was at this time in good financial credit, and no member or officer of the association (except himself) had any knowledge whatever of his insolvency, or had any reason to believe or suspect him to be insolvent. He •was in fact then insolvent, as the sequel showed, but this ■was known only to himself. The next day, August 14, 1875, Casey went to the office of S. A. Johnson, Esq., the soliciter of the association and its secretary, asked him what was the balance appearing against him on the books, and stated that he wished to pay it over, and resign his office of treasurer. Johnson asked him why he did this? To which he replied he would tell him again. Mr. Johnson having informed him of the exact balance due the association, Casey indorsed eaid certificate of deposit as foUows : �v.4:,no.l — 4: ����