Lo THE FREEDMEN’S SAVINGS BANK payable in six months, supported by good col- lateral plus the second mortgage collateral of the first loan. So far the transaction seemed good business, but at the same time a curious secret agreement was made by the bank officials with Kilbourn and Evans, securing the latter against loss. This agreement was signed for the finance committee by Huntington (of the Seneca Company, etc.), Clephane, and Tuttle, and by Eaton, the actu- ary. It recited the list of the securities (including $75,000 in second mortgage Seneca bonds) pur- porting to have been deposited by Kilbourn and Evans, and stated that in case Kilbourn and Evans did not pay the note at maturity, their note and all their own collateral securities were to be returned to them except the $75,000 in second mortgage Seneca bonds. It was under- stood that the transaction was not to make Kil- bourn and Evans responsible in any way; they were simply allowing the use of their names as a temporary accommodation. In other words the bank was to pay $51,000 for $75,000 in unsalable bonds. Two years later, in 1873, the note and securi- ties were surrendered according to agreement, and only the $75,000 in second mortgage bonds was left to secure the bank against loss. The actuary early in 1874 closed the Kilbourn and Evans account and again charged the Seneca Company with the $51,000 and with $7,500 ac- crued interest. The $20,000 first mortgage bonds held from the Seneca Company had disappeared in 1872 in a transaction in which Kidwell, then 2)