Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-06-17
INTERESTING CASE.

INTERESTING CASE.
p RICHMOND, (Va.) June lO.-The fol.
lowing decision is very important one,
from the consequences which itinvolves
in all similar cases.-No bond given to
any Bank is considered as binding on it's
obligors, until it has been accepted by
the corporation, and its. acceptance
made q matter Of record:
The case Of the BANK Of the United
States against their former Cashier,
julius B. cambridge, and his securi-
ties, came on for trial last week, be-
fore the Federal Court for this dis.
srict: tho Chief Justice of the United
States, presiding-sud was finally clio.
sed yesterday.
This was an action brought upon
bond in the penalty Of $4,000 dollars
charged to have been given by
cambridge to the Bank, for the faith
full discharge Of his duty as Cashier Of
their Office Of Discount and Deposite
at the city of Richmond. The bond
has subscribed to it the names of Julius
B. Dandridge, Carter B. Page, Wilson
Allen, James Brown, jun. Thomas Tay.
lor, Harry Heth and Andrew Steven.
son and there are pafsr or war seals
to each name. except Mr., Aliens, to
which scrsll is affixed. There were
many special pleas and demurers.-
Mr.. Stevenson pleaded separately, and
among other pleas. that of non est fac.
tuns; and set forth the circumstances
under which the bond was signed by
him. He alledged, that although his
nams appeared last on the face Of the
bond, it was in fact first subscribed by
him That it was not sealed, or wit
messed as to him, or deliOered by him
as his deed, but was returned, after be.
ing signed, to the principal obligor, to
get other persons to Join as his securi-
ties, and then to be returned, and if ap-
proved to DO completed: That this was
..-e. dvno, anu THAT the seal which
now appeared to his name, was not put
BY himsslf.-There was also special
plea, setting forth. that the said bond
was not delivered as the act and decd of
any of the obligors. before the several
malfeasances & nonfeassnces assigned,
az the breach Of the condition, in the
declaration and that the said bond
and the securities named in it were
never received and approved by the
Board of Directors, according to the
act of Congress, and the rules, bylaws
and regulations of the Bank.
Upon these pleas, as we'll as others,
issues were joined After the jury
were sworn. the PLAINTIFF counsel of
fered the bond. and proved the hand
writing of Andrew Stevenson, (there
being no subscribing witness asto him,
but az to all the other obligors)-ard
relied on this, ss presumptive evidence
Of q scaling and de!ivsry by him, and
Of it's being his deed,
The counsel for Mr.. Steven son there.
upon moved the court, to exclude the
bond from going to the jury, upon these
grounds: LIST, That possession Of a
bond, and proof of hand writing alone
were not sufficient, in any case, to pre-
sumo ssali ng & delivery, which were
essential to every deed; and 2pdly,
That if this be the law as between in.
diuiduals yet in this case, the bare
possession of the bond and bringing suit
on it, would not DO sufficient; but
that they must shew acceptance and
approval. by the records Of the corpora
ton, before tho bond could be submit
ted to the jury.
These questions we're ably argued
on Wednesday and Thursday last by
the counsel on both sides, (Messrs.
Stanard and Call being called for the
bank, and Messrs. B. w. Leigh, John
Wickham and Chapman johnson, for
the defendants: the order in which
these gentlemen's name are here placed
being the order in which those on each
side respectively addressed the COURT
After the argument concluded the
court took time to deliberate.
On Friday morning, the chief jus.
tice delivered a very long and elabo.
rate opinion. Upon the lst point, he
decided, that according to the estab-
lished rules of evidence, possession of
bond and proof of the handwri.
ting Of the obligor, (wbere there was
no subscribing witness to its execution,)
might be left to the jury. to presume
a sealing and delivery by the obligor:
but, that this did not apply to corpora.
tions: That, without ascribing to these
artificial bodies, al the qualities and
disa abilities annexed by the common
law to ancient institutions Of this sort
yet it was to be conceded, that they
were 10 their corporate capacities, tho