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Show STORY OF BANK CHECK Issued by Treasurer of Boise in Error. TRIBUNE SPECIAL. Bolso, Idu., Feb. S. A very Interesting case has arisen here that ls attracting much attention. It Is ovor tho Issuance of a check by the City Treasurer for a warrant for which It Is claimed thcro has tecn no provision for payment made. City Treasurer Pottlnglll on Friday last Issued a check In favor of H. B. Eastman for J3027.C0, in pnymcnt for an old warrant war-rant held by the latter for work performed on the Tenth street macadam some years ago. The City Treasurer declares ho Issued tho check upon thc advlco of City Attorney Attor-ney Kingsbury. Subsequently, upon ascertaining ascer-taining that there was a controversy over the macadam contract, Mr. Pettlnglll stopped payment on the check, which, however, Is still in Mr. Eastman's possession. posses-sion. Mr. Eastman lnld tho macadam pavement pave-ment on Tenth stroct In 1S07, tho cost of tho work being assessed against tho abutting abut-ting property owners. A number of tho latter refused to pay their assessments, on the ground that tho work had been Imperfectly Im-perfectly performed. The property-owners brought nn Injunction In-junction suit against tho city ln thc United States court. Tho case was ultimately ulti-mately compromised by n reduction of the assessments, leaving a deficiency, which still exists. Mr. Eastman brought suit against the city to recover the amount of his warrants. war-rants. Mr Kingsbury was his attorney. The city demurred to tho complaint and tho demurrer was sustained and there the case ended. The City Treasurer makes this Interesting Interest-ing statement ln regard to tho matter: "After stopping payment on tho check, I asked Mr. Kingsbury why ho had advised ad-vised me to cash tho warrant. "Ho Informed mo ho had given mo tho advice ns Mr. Eastman's attornoy and not as City Attorney. I felt quite safe ln issuing the check to a man of Mr. Eastman's East-man's financial tnndlng, and on tho representation of tho City Attorney that It was doing right." |