The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-14
Law IntoIIIRence.

which was agreed by court and counsel to be entirely
new The facts OF the case are as followsone furong
resident of Mstamoras became indebted TO MIR Spies,
in this city, and In order obtain time his note at
six months dated at New York. and made payable to A.
w. Spies order, which note the defendant, Gilmore
also resident OF Mexico endorsed The clerk who took
the note, testified that Mr. Furlong offered Gilmore
taken accordingly The note not paid at maturity
payment was not demanded Of Furiong, any
nce OF non payment given to Gilmore they having LEFT
of the note Mr. Spies brought his action in the Supe
ror Court of New York, and obtained judgment. The
defendant brought writ OF error to this court and
moved to reverse the judgment Mr. Crst for defend
ant, in the Court below, contended-lst that In
early cases 1t had been held that party who had
dorsed paper in this form commercial form-was
not commercial endoiser-and might be charged sim
pie payment thus relieving the holder from
strict diligence in presenting the maker for pay
ment and notifying him Of the makers default but the
Court Of Errors has recently held otherwise Hall
Newcombe, 18th HILLS Reports. BY that deci-
SION the law was settled, that he that thus puts his
pane on the back of negotiable note is to bo
deemed an endorser. To charge him in that capa-
city. demand and notice necessary Those forms
not having been observed, the defendants il liable
Mr. oConor for plaintiff In the court below, admit
ted that the only written opinion delivered in the Court
OF Errors in Hall Newcomb affirmed the doctrine
commended or but insisted that IL in prin
cple and that the previou. determinations are to be
followed In preference. lie maintained that where
pany the Judgment case in the Court Of Errors
binding authority. point Of law ruled in court Of
last resort by the concurrng opnonso OF majority Of
judges finally established but such does
not appetr in In that court except resolution
cases; and from the nature and constitution of that
court 1t Is neither legal nor probable presumption
that majority Of the judges in determining
dinarly agreed upon any one point. Second Point
The rule requiring dema and notice charge an
dorser does not extend maker or endorser residing
In foreign country who gave note here and dated 1t
here II is settled that If maker after giving the note
and before its maturity from the demand
Is Excused yet whilst he removes to greater distance
without crossing State line demand is rendered
arbitrary. removal from Now York Jersey city
cuses demand but removal to Buffalo the wilds OF
Essex county has not that effect. II does
rect In adjusting rules of commercial law in country
which commercially and socially Is and ind visible
to give this effect to geographical lines, created
py political institutions, in reference merely to the
distribution Of power among the departments of
government 1t would be just have regard only
TO difference OF place in the general or commercial
The case Of note given and dated in State different
from that In which the maker resided when the note
was given does not appear have arisen prior to Tay
lor Snyder Dexio In that case the note was
given and dated at Troy, N Vi the maker resided at
ated the notionthat Estate lne should be regarded
and applying the general rule discharged the endorser
because no demand had been made These two classes
Judicial authority however, altogether aside Of
the present case and furnish rule for It's determine
ton In the cases Of removal between the giving and
the maturity Of tie note 1t is held that the intervention
OF State line is turning point In the Of dating
in one State while the maker lives in another the
vention Of State line Is held to be immatera These
rules are neither harmonious in principle
ant In practice. Counsel for the plaintiff the court
below summed up his argument insisting that foreign
er actually residing abroad who gives and dates note
here, agrees to pay 1t here and that laws will not
compel the holder to to send agent to
init his documents out OF the country beyond the pro-
lection of its laws exposed to all the perils
upon the absencs Of such protection Promssory
and inland bills Of exchange said be brethren
commercial law but foreign bills in their and ap
pcatons and especially in respect othe
OF demand protest. notice stood upon legal rules en-
tirey different from those established in relation to pro-
| missory notes. Judgment reserved.
| SUPERIOR CouRr.-Before Judge Oakley -7ne People
Of The State Of New York Wm. Buckley Joseph W
Corfes and Richard Laurence.-This action
administration bv lieg nd
Laurence, as suretes for the other defendant The
facts as follows Charles Buckley the brother Of
the defendant VIM Buckley, carried the business of
merchant In this city and died In 1884 ntestae leaving
considerable personal property. Administration
removed and William Buckley appointed In his stead
upon which occasion the bond in question entered
into In the penalty Of $4,000 conditioned for the faith
full performance OF the duties of administrator
that he would obey tho orders Of the Surrogate The
perform his duties faithfully and next that he dsobey
ed the orders Of the court The plaintiffs gave in evil
dence the letters of and also account
filed in the Surrogates office by William Buckley, toge
Their with various other proceedings had before that OH
Ger in the matter Of the ntestate The plaintiffs
Sci here rested The counsel for the Defendants Cores
and Laurence, the sureties the other defendant who
Is the principal Is out of jurisdiction the
appear moved non suit on three grounds
hrs that the account given in evidence has anthem
tic mark Of being the account of VIM Buckley that IL Is
paper brought out Of the Surrogse's Office which cir
cumstance not conclusive evidence that 1t Is his
count it is not like the of judgment which
proved itself It, therefore should be- shown by positive
Buckley. dly-Supposng that 1t is the account
OF VIM. Buckley the requirements Of the statute in
ation to administrator accounts not complied
with; the statute directs account shall be filed
until eighteen months after the letters of adninstra-
on are granted and this account appears to be filed in
principal not evidence against his suretieso charge
them there must be direct and positive evidence.
The nonsut was refused and the defendants put
their defence, which is, that VIM Buckley had duly
and faithfully administered the estate and effects Of the
intestate. The case is.adjourned until this morning
defendants,
Messrs. Miller and o 'Conor.
UNITED STATES CIRCUIT CouRr.-Present, the Circuit
and District Judges-Equity motto the order Of
the day Gauiord u.s. Wider and ofhers-Mr. Staples,
behalf Of plaintiff brought motion for injunc.
ton to restrain defendants from using the plaintiff In
venon the construction of iron safes He replied
to by Mr. Sullivan and after lengthy debate the mo-
tion adjourned for week, to give Mr. Staples time
to procure further afidavts.
COMMON PLEAs.-Vacation week in this Court
CouRr OF ArrrALs Sept lI.--Mr. A. Taber concluded
Mir. J. A. Spencer closed the argument on the same
side. Mr.. NJ. T. Reynolds closed the argument for
plaintiffs in error
CouAr OF GENERAL SESSIONS, Monday Sept. Is-Be-
fore Recorder Scott and Aldermen Dodd and Spofford.
John lexicon, Esq District Attorney.
Trial for Grand Lareeny.-At the opening Of the
Court this morning, David H. Diamond placed at
the bar for trial indictment for grand larceny, Ia
having the Sd day OF January last stolen from Geo.
economy bank bills and silver coin OF the value OF $35
GxoRoE CoNoEY sworn.-I am cook on board the ship
Ansel know the prisoner he was n hand on board
the vessel On the Sd Of January the Captain Of
the vessel paid me part Of my wages, and said he
would pay me the balance on the following Monday.
then went to the galley and showed my money TO the
prisoner then put It into the pocket Of my guernsey
jacket which locked up in the locker Diamond said
he would 60 home, and asked me to give him some bis
cult TO take home to his we went to the cabin TO get
the biscuit for him, and when returned Diamond was
gone my money gone, and the jacket lying on the
deck, ] never saw the prisoner after until about
month ago. when saw him in the police Office. ,
MICHAEL MURRAY sworn belong on board the ship
Anse WIZ the wharf by the side Of the ship when
the money stolen from the cook saw the COOK
come out Of the galley and go to the cabin whie the
cook was In the cabin the prisoner came out OF hs gey
and went away he run OF; was not on board the 'es
sci at the time the money was stolen.
JoHy O. McI,EAr sworn am an officer OF the and
ward did not arrest the prisoner
To sbow that tho accused had heretofore sustained
ceent character The was then submitted 10 the
jury who after brief consultation rendered verdict OF
gn,itv wbsrennon the accused sentenced to two
yearsi imprisonment in the state prison.
Madame ResteH-Another effort wss made this after