Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-22

equity ihc case then, resolves Itself very much
INFO question of Jurisdiction. For il is quite clesy
that the real owner Of debt, the evidence OF which
Is lost, is entitled 10 supply the want Of the better
evidence, 10y that which is secondary and this ypic
oil evidence is the same in equity as M law. But
whether the application FOR relief shall be in the one
courtor The other, must depend upon the particular
ease and lis fitness for the one Jurisdiction or the
other.
Many difficulties were stated by the Defendants
Counsel, to which the practice of cutting the notes
ana transmitting them by mail, exposes banking I'M
suuons, IN Identifying the part OF note when pro-
uuceu Tor payment That these difficulties TO, in
measure, exist must be admitted but the Banks
know there can be but one owner of the note aud
who that one 1t mus, lie satisfactorily proved, to en-
title HIN TO payment of il. The bank has n lust
right TO call for such proof; and If it DC truly add
Faithfully given, there be risk III i.aying it,
lhe possssor OF the other half part of the note us
ALI eady observed, by whatever means nrut;red can
never obge the bank To pay the money over again TO
hm--but atcrall, the rule OF law does no, rest up
onthis circumstance. The maker Of the note is bound
10 pay to tue person who proves himself he the
legal owner OF IT, and the difficulties complainei OF
arc not greater than those which attend most litica-
ted questions. Ii may not bc Improper here TO OBJ
serve, that the decision in the OF Bullet cS the
oahk PENNSYLVANIA, did not proceed upon any usage
applicable u the case, none such was stated in the
case agreed, or alluded 10 by the con,t-The next
question Is new; no case like i, was cited at the
BAR nor IL there any within the recollection of the
Court IL Is, nevertheless, within the range Of
some general principles Of Law by the light OF which,
| 1 think, It may be decided.
n Inc question: IS wbether It was Competent TO the
pahK 10 monty the holders OF her notes, that in case
they should be voluntarily cut into parts she would
MOI pay them, unless all the parts should be brought
| together. =
mean 10 treat the question as ir the rpticc we're
brought home to the plaintiffs II is unnecessary i'm
this case TO decide how far parties to contract NAV
ny positive stipuations change the rules OF evidence
applicable 10 that particular contract IL thew max
40 SO, It must be upon the basis of an agreement
assenicd TO by both parties.
| But upon what principle is il, that ono parry 10
eohWac' can prescribe terms TO absulve himself from
us obligation, without the assent of the other /
Know OF none IL the bank could dictate TO the hold.
ers OF her notes the condition stated in this notice.
| upon ihe performance Of which, and not otherwise
sne, would pay them, she might with equal authority
prescribe any otlier condition. and declare in what
case she would pay and in what she would not The
i'o'e Is the evidence OF an engagement by the bank
TO certain of money TO the Lenrcr OF H. and m,
general law of the land declares thar il st,cb noe
ora part oil II shosld be lost or DESTROYED the debt
shtl nevertheless be paid upon satisfactory proof
n?elns made oil the ownership and loss. Thus sine
uohc'', tnese notes pass from baud To hand aud If
me bank can nevertheless discharge crselfrom her
ohgation 10 pay them unless both parts Of the note he
prou"ced entire (and there is difference between
inc TWO cases) Then the arbitrary declaration of the
! bank must be stronger than the Law This ubscrya.
tion applies with equal force 10 Sery other seccs
OF contract where one of the parties 10 il attempts
10 prescribe 10 the other the rules of evidence nv
which alone he will be governed
thought the defendants counsel seemed uulr;lI;nu
t1cohtenu mat the Bank could go the length OF de.
e'"i,s '"',t they wouiu not pay lost note, one
which aau been torn tclaced l,v acci,cni but II
Tue Court Is correct III their opinion upon the frs,
point, u follows that the law as much compels the
bank 10 pay The owner of half note, where the
oncr ha'i Is lost, as tn pay in the two eases sunnos
Ell and II so, the right Of the Bank 10 ,roscrbe
terms the one case, if admitted, would he equally
valid IN the others There can he no difference un-
less The that IN the one, the noles were voluntarily
cut, and in the other, they were torn bv occ;drni
but The owner of the debt being also the owner of
.ie paper winch IS the evidence Of il, he had legal
snt 10 cui IL, and by doing so, he could not impair
us ooigation unless nc intended do So In ali these
cases, the note rs cut with view TO the security no,
10 the destruction OF the debit by dividing the chances
opfeser'ng part oite evidence pin, case the other
part shouid be lost The defendants do not forbid or
condemn the practice, il it could for n moment
ne admitted that they had right to do either That
is NOT the sraudmen stated in the noce--it is the
production OF one Of the parts for paymen unaccon-
panied by the other part That is ihe case in which
tne bank doclac s She will not pay, and in which
the law pionounces she shall pay.
| for the plaintiff.
PETERS, Gusce,) delivered his opinion, entirely
concnrrns with that of Judge Washington
Judgment for plaintiff for the full amount OF the
notes.
| New loRK, Jan. 1.-Two or three DAYS ago. 81
communication was received by our police, frou, Phi
iauclpha, giving advice that some recent villanes
mao pcen Committed there 10y three notorious rogues
vino had lately returned from piuadcring excursion
10 inc west and south and we're supposed to haze
| F,U"S "" " A'cW OTk. Inetr names, as nearly
they could he asccrained and descriptions of their
persons were given in the communication, and our
magistrates requested if possible, TO take them up
nee officers were despatched OH Thursday morn.
ing, and spent The day in pursuit Of them but without
success They discovered, however that three men
answering TO che description, had been seen that DAY
IN me Guy. Frcsumlng that they would very soon
probably have letters directed TO Them through the
tost Office, from their confcdcratcs abroad the mar
shais LEFT request with the clerks Of the Office that
any letters came, directed 10 either Of tho suspected
r. q Nfnrct t.nt.t A -
ally called for.
On Saturday morning Il letter from the south, did
rrVc AZ 'he ONCE Tor one OF them, and soon after
me southern mail came in, he went in person, tie
other two also bearing him company and took il OUT
lhey then dispersed andby different circutous routes
came together again, some time AFTER nj the battery
where The officers met them and about twelve o'clock
brought them 10 the office.
On examination, they all denied ever llay;n, had
any acquaintance with each other before and affirm
ed, that their meeting the battery was purely acc
Ieh'ai. some thousand dollars were found upon
mem, most Of IT is supposed 10 be good. The letter
winch one OF them had rIsl received, had been dcs-
royed or eifcctualy secreted, and was not 10 he
iound' They were well dressed, and gcntei looking
men.-lwo OF them were rccogn zed as old offenders
and former tenants of prison and pencutia-
ry The other could not be positively recollccted y
any among the officers magistrates who were pre-
sent but is cOnjeCured TO he a notorious villain
considered To he the greatest counierfeler ~ Aner
ca lhcy were all committed to bridewell ill sent
for by the Governor of PENNSYLVANIA
itmay he recoliected that the Philadelphia papers
about fortnight ago, gave of the appre-
hension OF two men M that city suspicion of pass
ing counterfeit money, and dat ON search NINA
TUE likeness of lady, set in gold and marked S. S.
was found in the trunk OF one ofthem. They were
discharged for want proof; il is assorted 6y good
authority that two of those taken Up were the men
and that the lady il Miss Susan S well known
citizen Of New York
Severed recent and extensive frauds and forgeries
on different Places on both binLs and individuals II
IS confidently hoped, will be brought to light by tbe
apprehension oftlie itgtives from Philadelphia.
- American
NATRIMONY
curious circumstance lately occurred ON t,e snb