The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-23


able on demand and the maker be both able and
the deposit which 1t represents Is obviously in the
r.sSs - Me-. form 0 draw interest and yet to be
contemplated Kept in the form Of gold and silver or
bank notes. in their vault it could certainly yield
terest and deposited interest with banking assoca-
ton would have security other than the stock OF
the bank N the present there is both the stock OF
banking association and the of single Individual
hank-even IL the charter confined the trustees to
making their available deposits in banksa bank
under our laws may be organized by single individual
IAN individual BANKER as he is denominated in the
general banking law, may make himself president, cash
er clerks and directors and carry his ocs of discount
ana oeposit about his person. He may, in effect, az
the law books express IT, constitute himself corpora
ton SOLE" And .bankng association" it is pro-
few two 1t is SUFFICIENT, however, for the pur
pose Of the argument to know that the charter as to the
posit except that while it may be in "form to draw
interest, Il shall be in forR that is "avaiable and
nature Of the trust With these objects attained, aud
reasonable caution and good faith observed it may
be deposited with an individual or with an individual
banker, or with banking ASSOCIATION, with
BODY corporate as the trustees may Direct In either
form it is their duty to to the sufciency of the
security and in either form the careless intentional
taking Of inadequate security would be contrary their
duty, and, as consequence contrary to the charter
But to say that for that reason the security takenn
sufficient may be-is to DC wholly given up and can.
eeed, and the money left, and protected, in the
hands o. the wrong doer and that by the active aid Of
court OF equity proposition at variance It to
me- with every notion OF common and common
honesty As well might it be sad that if the trustees
were prohibited from doing the court by way Of re-
dressing the injury must release them from all eblga-
trustees BY deed or will was it ever heard that
borrowing money Of them note other
security was entitled to turn round Immediately nd,
without payment, ask return OF the securitesY And
yet all trustees unless specially authorized in the will
or deed to the contrary are prohibited from making
done, not to the public, and to be punished BY
making the act void, but to the particular cestai
que trusts and to be redressed, far may be, by
IN ba Inn i,nnrn
following, whenever it be done, the very fund
subject OF the trust in the hands of the knowing parc
pator. When this cause comes to anal hearing, there
fore-it has now been discussed only on an Informal
decree he asks for will be adudged by way Of counter
claim, to pay to the receiver of the Savings institution
the whole $1,000, with interest and costs. If by bis
own showing, then he is not entitled on final de-
cree TO the relief he asks in his complaint The rule is
positive that be can have no claim to preliminary in
is merely auxiliary to- and falls with the other Motion
to continue injunction denied, with costs.
MOTION FOR APPOINTMENT OF NEXT FRIEND.
JAN. 22.-Stephen Woods ind Wife rs. Susan Taon,p-
son and others.CLERKE J.-Before the code married
woman must have sued Jointly with her husband, both
in equity and at law unless she claimed right in OPP
position 10 him. and the suit deemed to be the suit
of the husband only that decree Judgment would
not have bound the wife. This was probably in analogy
with the principle of the law that al acts per-
formed by the wife during her coverture voi But
by the code (sec. 114) when the action concerns
the separate property of the wife, she may alone
and, necessary consequence, she Is bound by udg
ment in the action. Does il alter her ab ty 10 this
respect IL the husband is joined with her PLAIN
tn2 Il is always proper though not always necessary,
that the husband should be joined with the wife in
prosecuting her claims, when they have not ad-
verse interests in relation to the subject OF tae
claim. II has been decided in many cases, in
deed, that the husband ought not To join with the
wife co-plaintiG in suit relating to her separate
property; but this the ground that he might
have fled the bill without her knowledge consent,
and in such the court has demurrer, ordered
the of the husband to be struck out plaintiff,
and inserted defendant. But in this case, the wife
verfes the complaint, signfying not only her fun
knowledge Of its contract, but her consent that the
action should be commenced. She il, therefore, tle
principal actor in the suit, and the circumstance
that her hn, hand is coplantif cannot exempt her
from the liability Of being bound by the Judgment, to
which she is expressly subjected by the code when she
alone BY the section, she IL obliged TO prose
cute BY next rend only where her husband cannot be
right 10 position him. therefore coacllde that
the husband % properly joined with the wife 40 CO.
plaintiff that friend Ia necessary, and that any
| judgment which may be obtained in the action win be
binding on her Motion denied, without costs.
| Before Hoe. Judge Roosevelt.
THE EMPIRE CITY BANK.
JAN. 22-T. the Natter of the Petition for Injune
and Receiver Of the Empire city Bans-This case
came again before the Court and further adjourn
ment ordered to Tuesday (ths day) at o'clock
pear gDd be examined, and furnish statement of nc.
counts, stockholders &c. The order in form sim
| lar TO that made n the case Of the knicherbocaer
| Bank.