The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-19
Superior Court.

q
| July ls.-DEcIsIoSs-Morris Canal Co., Suydaa
Jackson & Co.-Mr. Jackson had been director of tn,
which supposed TO be for the firm which checks had
been taken by another member Of the firm The pre-
sent action to recover against the defendants for the
amount OF check given in this way for loan by the
company. Payment is resisted the ground that the
bank not authorised by its charter end money
iii was, that their doing Illegal under the
restraining law this State The Court held that as to
the first plea, the company had full authority it pos
sessed general banking powers from New Jersey As to
the restraining law person association shall
constitute und or keep office for the purpose Of dis
counting notes, receiving deposites issuing bills "
through the whole act and it is confined SUCH you
only have power to do these by of the State
was only for the loanng Of money bond and mortgage
and the dealing in exchanges its loans personal
ry were made at New Jersey In the present instance
tho loan was not negotiable note, but merely
check bearing interest which with party
The Court did not consider it coming within the
meaning OF the restraining act; that prohibits persons
from abroad doing what denied our own citizens
but no further Judgment for plaintiff
tsrts Pen VS.. North fin Fi'e ms. Gothic company
had loaned Mr. Pel $1,000 the pledge % Bank
Of America stock The Court considered the proceed.
ing wholly invalid as the companys charteron per-
lowed. 'N
1hosas Butler and Jas Hogan plaintiffs in error,
from the Marine Court. The defendant contends that
had been postponed the OATH whereas the parties
proceeded and got Judgment on the 2ad Doubt appeared
back that purpose to the Marine Court.
Noble, vs. Hdliiddy-This case sent back to cham
bers. t.t
John Peters and others, Samuel N. GoH-There is
great room to doubt whether Colt had paid aue for
bill which had been sent to Peters material witness
on the last trial r stagg) has left the city. New trial
granted provided written testimony of witnesses be al
lowed where they cannot be here testify orally Costs
to abide the event.
Geo. Wilkes, admir- rs. Nerins, Tocnsend, g. Co.-The
pain is administrator the estate Of his brother who
had been executor to their fathers much of the
property Ill speculation and deeply in debt to the cs
tate The brother had a sum of money in The hands OF
defendants, who are brokers in Wall street. having kept
sort OF bank account with them. The deposites with
them ana checks, were entered in q little book which
had been endorsed Wilkes executor" It is commended
mat this money belonged the fathers estate The Court
held the reverse. Mr.. Wilkes executor in the
continual receipt and pay ment of money and his bank
deposites belonging to himself he being accountable to
the estate. New trial denied.
James Berkhead and Others vs. William Byo,cn and
oHersThe plaintiff resides at Rio Janeiro and sold bills
Of exchange to third party the guarantee of Brown
brothers X Co. They were returned and, on suit the
defendants held liable. The question now is as to the
damages which shall be allowed in the way of commits
sions &c The Court held that the bank charge in Lon
don belonged to the return bill and be admitted as
also the Rio Janero charge usual there) of twelve per
cent. Other charges not allowed.
Thomas Y. Young VS.. Georgia Insurance Compdnu.-
The question in this the allowance of one
third new for DID, and what should constitute such.
was In adjustment Of an action marine policy. The
Court held that although there were several items emu
material and the wages of workmen using such for re-
pairs.
In the of Thorbu and others the inquest was set
aside without cost.