The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1816-07-17
ALEXANDER SANesrER,

f,.t Us.
James anderson, Daniel MPherson
and Peter Saunders, acting as COM
ni,tee or agents for adjusting the con-
Germs OF certain institution known by
the nane of the Merchants Bank oil
Alexandria.
IhlS vas an action brought upon a
Warrant issued under the hand OF the
subscriber, one of the United States
justices of the Peace for The town and
county OF Alexandria for the non pay
ment OF twenty dollars, due by note.
Upon issue OF this cause, the Plain
til predicated his claim upon the cir,
cumstance, that the institution not be.
ing an incorporated one, and the dc
PENDANTS being stockholders and part
neTs therein were necessarily bound, as
we'll individually as collectively, to the
plaintiff tor the payment of every note
which they might then have or hereat
ter become possessed OF, and prayed
Judgment accordingly. The principle
is freely admitted that partners IN trade
are both individually aud collectively
bound both by law and morality to the
puSlic for the faithful discharge of all
and singular their Obligations But in
the apprehension Of he subscriber there
is no feature In the lawss Ut Virginia,
under which VIC are especially author
ised to act, unless la cases particularly
legislated OH by Congress, which iii
the most remote degree countenances
the idea, that single magistrate shall
take upon himself the right to deter
mine cases of the immense magnitude
10 which this is about TO lead.
The history of our country produces
no precedent; the magnitude of the
case creates doubt; the nature of the
claim and the very face Of the obliga
ton being materially different from the
ordinary GAINS between man and man,
all combine to produce great doubts
and much difiidence and whether al
ter stripping the question OF all its no
Velty and legal difficulties, it would be
equitabie TO sacrifice few, when a
great number are equally bound, are
questions which in the opinion of the
undersigned are alone for the conside
ration of court of Chancery. Under
these considerations he has been com
PEELED to refuse Judgment against the
defendants, referring it to highertri
bunal.
CHRISTOPHER NEALE.
Hle.r'a. ION July, 1916.
have charged the above decision
with containing errors in point of fact
and 1t ne eds only the most CO. soly read
Ing to discern that the above Warrant
is issued against the defendants as part
ners 81 trading under the firm and style
OF the Merchants Bank of Alexandra, !"
yet Justice Neale in his written expos e
so lar torgets the case he is called on o
decide, as TO commence by stating that
1t Is a case against the defendants
acting as committee or agents for
adjusting the concerns III a certain in
siitutioD," sc. And again, in. his Sc
c md paragraph, instead of the humble
and unostentatious claim set forth in
the warrant " for the non payment of
the sum OF $40, due by note" we read
Tor the payment o! every note whichhe
might then have, or hereafter become
possessed Of" But in this decision OF
Justice Neale there is something still
more strange-For confess after hav.
ing read at the conclusion of his pub
lished opinion, that under these con
s'derations he had been compelled to
refuse judgment against the deFen.
danIs, rAJerriDg it to higher tribunal -
telt no little surprise to be informed,
that on subsequent DAY and without
any iurtbeT summons, or notice 10 me
on the occasion, this same Justice DO.
ceeded take up the warrant abovemen
toned aud decided it against me, and
the note, tis evidence of my debt, is
consequently filed in the clerks Office,
as evidence of the judgment against
me, and IS am told now beyond INV
power and Under these cir.
cumstances have at least the salts
faction left of rejecting that i, can no
longer be said on this subject, that
the history OF eur country produces no
precede
With regard to the warrant which
has been issued against me by iustice
Hoffman, as one Of the stockholders OF
the Real Estate Bank, can only saw
| never heard of It, until late in the a.
bove mentioned day on which bad is.
sued several warrants against differen,
persons members of the Merchants