Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-06-26

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Losovmes " Hsvbeck-In this ease the jury found
for the plaintiG-damages $l76 ~ cents, without re-
ference to the value Of the Spanish stock taken by
the defendant.
Frederick Weber cs The German Reformed
Church.-This was action on bond given by the
Trustees Of the Church. in the year 1897, to secure
the cam Of 1900, which the plaintiff had advanced
fer the use Of the Corporation The fact oi the ex
istence Of the defendants body corporate was not
disputed; bat the defence set up was, that the seal
attached to the instrument not the seal o. the
defendants, which in itself was sufficient to invaii
date the instrument and that the transaction could
not be found in the minutes Of the Trustees II also
appeared in testimony that the whole number OF
trustees were not present at the time the bond was
said to be executed and that only minority were
even n0tlhcd that such meeting was to take place
On the part Of the plaintiff it appeared that there
was schism in the church, and that four OF the
trustees seceeded from their duties, carrying with
them the seal OF the corporation and also the records
OF the church. In this dilemma the remaining por
ton OF the trustees got seal made and adopted
a new book OF minutes and il was with this seal,
and in the new book, that the bond of the plaintiffs
was placed on record.
The Court held that if the bond was the act Of the
majority Of the corporation il of consequence
whether the old the seal affixed to it, and
laid down the same doctrine with respect to the
minutes. The Jary returned verdict for the plain
tiff for the full amount claimed, and costs.
John Shirae VS.. The same.-This was another ac-
ton against the defendants to recover the sum
OF $500, which had been lent to the Corporation by
bond also 1t appeared that Landon got impatient for
his money, and that Shirac who was Of the trus-
tees paid him sut of his pocket and took fresh
bond for the amount 1t was now contended by the
defendent's counsel that trustee could not give
bond for body corporate, Of which he acting
member, to himself without vitiating the transac-
ton. The counsel on each side agreed to take a
verdict subject to the opinion Of the Court this
question of law.
Riddle and others VS. Maitland and Others
This was action for breach of agreement in re-
fusing TO accept number of bills Of exchange 1t
appeared that in the year 1886, the defendants trans
nitted letters of credit to the house of johnson &,
Anderson in the state Of Ohio, authorizing that firm
to draw on them for unlimited sum; and the
faith of that letter. the plaintiffs took bills on the
defendants to alarge amount but their presenta-
ton in this city, the latter refused to accept them,
and the present action was brought to recover the.
amount without the formalty Of an acceptance.
On the part of the defendants, it was set up that
the letter of credit given to enable the firm Of
Johnson & Anderson to purchase tobacco and ship it
for the use of the defendants which it admitted
they had failed to do; but notwithstanding had drawn
on the defendants and paid the bills to the plaintiff
for antecedent debt.
The Court held that this defence was aid, and
the jury found for the plaintiffs.