The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-16
TWO CENTS.

the argument that II it should be held that tho
defendant: had no right to give their drafts for the
consideration for which these given yet that
plaintiff 10 entitled to recover bona Gde holder,
without notice IL Is not denied the part Of the de-
effect negotiable bills exchange and tina. the plain
tiff IL bona de holder, with other notice OF their
than han That which sPps;rs upon the face
given without corporate authority the part Of the
they are void even In the hands Of bona
fde holder without notice It will be remembered that
the have power given to them by
their charter to issue negotiable It has how
corporation without any express power In tho charter
ios mat purpose, may make negotiable promissory
n9.s o. o bill OF exchange when motto prohibited by law
debt eont1astsd the Of It's proper legitimate
%.IaS S% E "; Hicks. Cowen lis Barker
Attorney General us Life and Fire insuranos Com.
PAM: .,y, Psigs, ~ Moss Us, Oakley, HIM. SIS;
fer a. are aware, the question has never boom
decided whether note or bill issued BY such oorpo-
Is valid in the hands of bona fde FOLDER Without
notice In the case Of the Attorney General vs. Life
Chancellor declined express an opinion md placed
his decision upon other grounds It was commended
on the argument that the rule Of the law merchant,
which protects tho bona de holder negotiable paper
without notice. Of universal applications and that
the had right to issue negotiable paper
rules the negotiable paper Of an individual This
view seems plausbe but will 1t bear the test Of
minstsn? In the first place. the defendants have no
general power either express or implied to issue nego-
liable paper They have only special and conditional
implied power for that purposes that 1t L. necessary
condition precedent to the vsdi Of such paper,
that the debt which FERNS its consideration should be
contracted in the Of the proper legitimate BUSH
were incorporated declared to be public act Every
person Who tskes their negotiable paper IL bound to
receive it With full knowledge that the, have only =
limited and conditional power to issue It, He 10 thus
cumstances under which a bona fde holder Without
notice receives the negotiable paper Of natural
son, or Of corporation having the general express
power to Issue negotiable paper very different. In
both these the power to issue paper is
general and unconditional and hence the rules which
purpose Of giving currency to mercantile paper ara
applicable results from the views which have BEEN
expressed that the drafts question: having been
issued by the defendants in their proper and egti-
mate business void in the hands Of the plaintiff,
although received by him without actual notice Of
their consideration. Judgment must be entered for
the defe ndsnts
Before Justices McCoun, Hurlbut, and Edwards. :
JAN. l6-Staeey Pitcher ct al vs Wiiinston f. Car
ter ct aI-Decree Of Vice Chan celor reversed, with
costs The usual decree for the sale Of the morsged
premises to be entered.
EdDard Clayton ct al. 7hos. WsrdeH ct al.-De-
cree Of Surrogate reversed, with costs.
Henry Wo'rsn ct 81. Us. Dapid c. Judson.-Judg-
DAVID p. Hatfield Us. The Mayor, &c. Of New York.
Judgment for defendants.
order r tbs Of reo.,.I q
Mary N. BroDn Us. Trust Fire hsxrance Company.
Decree of Assistant Vice Chancellor affirmed, With
v The People v' Peter DuGy-Judgmsnt Of the New
John Miller and VIM Miller ~. The Peope.-Judg
Of the New York General Sessions reversed ana
Ventre de awarded
Decree Of Assistant Vice Chancellor nodded Plain.
tin compensation master of the ship in question,
limited to $125 per month, and the amount kept BY
Lincoln Green, as ships husbands to be assumed
the reference to b. accurate in the fret instance but
the plaintiff to be at liberty to attack by direct
Preof showing fraud or mistake In respect to any
Sarah B!PoLoek ct a. ps The National Bank ct al.
Decree Of Assistant Vice chancellor ARMED under q
modification that the PLANTING bill be dismissed With
out prejudice to their cause Of action, and without
costs Of appeal to either party 20 against the other
sstsnt Vice Chancellor affirmed with costs to be paid
out Of the fund.
Chas H. Mount Us. The Same The like decree.
The People er rel archibald d Moore The Mayor
&C. Of the City of New York.-Csrtiorsri qusshsd.
Before Justices Jones, Hurlbut, and Edmonds.
No Q, reserved cause, 10 under argument. No. So
Is the highest yet reached the calender The dsci
sons rendered this morning. and the papers belonging
to them, will be found with the Clerk in chambers
SPECIAL TERM.
Present Justice Edmonds.
Westcon vs. Plat This is an appeal from q deci-
sion Of special motion, and II security had been re-
CURED the appeal has been Irregular for the
same defects in the undertaking which have been
spoken Of in the Of Beach LitchA ed but
security Is required such appeal, those
irregularities are Of no avail on this motion In
Shs .bs the apes. was Ts1as n,D
the appeal was served on the Attorney on the
oath Of November and on the Clerk on the 25th. and
there dispute whether the order appealed from,
was served on the 18th or 14th Of November This
dispute is Of no moment, for even II the order had
The time within which act to be made 10 to be
BY excluding the first day and including tho
last section $685. Al appesin case ofa special notion
ahal have been given, section $50; and appeal In
made sy service c1 on the :d..r,s part, sns the Ssrl
Ii the day which the order served which IL to
Be- appealed nom In this ease, that was either tine
1ath 14h Of November, and whichever 1t was, the
service Of the notice Of appeal the Clerk tho
25tb within days the service Of the
order appealed from This il an which ir
is not in power to waive 1t is not merely viola
lion of our rules which dispense with when the
ends Of jurtce require It but It Ia departure from
statute requirement which ve are expressly forbidden
to waive for section 1885, which allow to enlarge the
time within which any proceeding must be had expressly
taken This motion must therefore be granted and the
appeal be qaashed
IN CHAMBERS
Before Justice Edmopds.
In Re MIry and Caroline Martin.-In this matter,
parties charged with . larceny and committed:
they were afterwards discharged on bail and subse.
quenty sure ndered in discharge of their bail They
were then brought before Judge Edmonds by writ OF
hobtas corpus, and their discharge claimed upon
nous grounds Pending the decision the Judge allowed
them to remain In custody Of q named HUFF, Who had
been cIier Of the Marine court, and subssQ uently
deputy sheriff IL seems that last week the Judge
dered them to be in attendance when he learned they
had cleared cut Of this city and went to New Jersey
he then notified their counsel to have them In Atten-
dance They seems, refused to come when required
but said they would attend at other time when
It suited their own convenience. The judge was In
foimed Of their refusal to attend, and thsrsupon
instructed The Dirict Attorney apply the Cover
nor OF this State for rsquietion the Governor of
the state OF New Jersey for their They
however, attended at Chambers this morning, with
their counsel The other parties not being in atten-
dance the matter adjourned until TO- this
mcrnng), and in the meantime the Misses Martin
we're committed to close custody.
Uusx.N
Before Judge Belts.
Indfefmsnts Found-Jehn J. Hutchinson, assault
with dangerous weapon; George Honey, sndeavour
to make revolt.
PItaded lliIku -Iamsa Rellan- indntAd for aunhax-