American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1824-08-24
AN IMPORTANT LAW CASE.

| Carlisle, Penn. .4uguSt 5.--I.asl week an i'm
portant case came up Tor trial before the County
Court then in session AS we did not attend during
the whole trial il cannot be expected we should give
Ia complete account OF the proceedings which took
Iplace AS far as We are acquainted with thu affair."
the action was brought on by the following circum-
stances Mr. John Goswiler, of this County, had
become IN arrears to the Agricultural Bank Of this
place, which had obtained judgments against his
estate to the amount of upwards of 1000 dollars
Judgments for a large amount had been obtain
ed against him which had precedence to those OF the
BANK, owing TO the date OF the first mentioned Mr.
e.. believing he could disincumber himself BY EN-.
barking IN mercantile business, made application 10
la gentleman in Philadelphia for goods to The amour,
OF $4,000, and loan of $1,000 in cash, for which
he would give him Judgment against his estate Tor
the amount recoverable in two years. The person
10 whom he made application, Mr.. Wright would
not consent to comply, until the idea was held out
that his judgment should take precedence of those
obtained by the Bank. / O attain this object, MIR.
" mad committee, which had been appointed by
the Directors OF the said Bank TO settle up its con-
Germs, convened, and after some persuasion, the
committee signed an instrument OF writing, giving
precedence TO Judgment to be executed 10 MIR.
Wright on certain conditions. Mr.. G.. received
The money and The goods from Philadelphia accord
ing to this arrangement. This transaction took
place IN 1890, al which Time the property vas am.
ply suE1clent 10 meet all demands against il: but
OWING 10 the depreciation Of property, when lately
sold on MIR. Wrghl's judgment, it brought lule
more than would satisfy it. AT The instance Of the
Bank attorney rule was granted by the court and
served on the sheriff ordering him to retain the mo.
ney accruing from the sale. The Bank claiming
precedence on the ground that the committee had
not power TO make such transfer.
Il was maintained by the Counsel of MIR. Wright,
mat admitting the committee had not originally
such power, the silence OF the Board of Directors on
the subject was an implied assent; particularly, as
the members of the committee were al! members OF
me board and one OF them the presidenl-as they
had received a salary for their services;-as the
Bank received advantage from the transfer, and as
all those who used their influence in obtaining it,
were members OF the board The attornies for The
Bank contended that the committee had BY the act
Iranscended their power; that they were APPOINTED
illegally; that the Bank reaped no advantage from
il; and that the Bank not being in active operation
had not an opportunity sooner to dsannul the pro-
ceedIngs OF the committee The Judge in his charge
10 the jury conceded with the arguments Of the at
Iorhes ior the Bank. The Jury retired on Saturday
evening, and at O'Clock OH Sunday morning,
turned verdict IN favor OF Mr. Wright's Judgment,
ana against the claims OF the Bank. So that if the
same decision be had at the superior court, the
bank loses What was once their own: but which was
wrested from them by an act Of q superficial COM
m,tee.
Counsel for the Bank Messrs. Hsmilton. Pen
rose, and Nletzgar-ior MIR. Wright. Messrs, Ca
'o'hers, }. D. Mahon, Douglass and Ramsey
Edcard LiringSton is unanimously reelected
ne Representative TO Congress from the District oil
New Orleans,