“Tangled Tale Told About Mining Cheque,” North Bag Nugget. March 19, 1932. Page 11.
-----
Cobalt Council Asked to Decide Fate of One For $37 and Unpaid
----
Cobalt, March 19— (Special) — In a case which the bench described a unique in his experience Judge Hayward sitting in division court here yesterday was asked to unravel the tangled threads of the financial affairs of the Aguanico mine at North Cobalt, $37 being at stake in the present action. Judgment was reserved for a few days, his Honor, saying the case presented quite few interesting points.
A. Ansara, local merchant, sued D. L. Jemmett for the moment stated and which represented the value of a pay cheque Issued to John Hutman who had cashed it with Ansara after buying “three or four dollars' worth of goods.” Ansara swore he had cashed cheques of this nature before, without difficulty, but when he presented this one to the Bank of Commerce as a deposit to his account there, it was later returned to him unpaid.
The cheque was dated May 21, 1931, and was drawn on an account in the Imperial Bank carried in the name of the Aguanico Lease. It was signed by D. L. Jemmett, but in court yesterday defendant told his counsel, J. A. Legris, that this account was kept solely for the purpose of paying wages at the mine property, and that funds for that use were provided by A. L. Jemmett, Ltd., which had borrowed money from the bank and had repaid loan from the proceeds of cobalt ore sold from the mine.
According to F. L. Smiley, K.C., appearing for Ansara, the evidence disclosed that before D. L Jemmett, Ltd. was formed in the latter part of 1930. D. L. Jemmett had operated the mine personally and this was submitted by defendant on the stand. Mr Legris told the court cheques on the Aguanico Lease account had been paid up to May 22 last but at that time he said D. L. Jemmett, Ltd., was on the verge of bankruptcy. Power of attorney had been given by D L. Jemmett to different individuals to deal with the mine's financial matters it was sworn.
Judge Hayward commented on the absence of identification marks on the cheque at issue there being nothing to indicate he said why payment had been refused. This was explained by George Fish, accountant at the Imperial Bank, who said apparently the cheque had not gone through the usual clearing process. Mr. Fish also gave evidence relating to the various Jemmett accounts carried in the Imperial Bank.