Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-10-01

THE SUFFOLK BANK BEFORE THB SUPREME
CouRr- Notion for an InjUnctiOn.-In the Su-
prsme Court, Tuesday, petition was presented
from the Lowell Bank for an injunction upon the
Suffolk Bank, in relation to the bills of the Low.
ell Bank in the hands of the Suffolk Bank, on
the ground that the Lowell Bank had rendered
the specie for them, which had been declined.
Hon. Caleb Gushing and B. F. Butler, Esq, APP
peared for the Lowell Bank, and P. W. Chand
Ter, ESQ for the Suffolk. The circumstances
which led to this action are thus stated in the
Ledger
ION Friday the Suffolk Bank sent a messen-
ger to the Lowell Bank with $4,000 in bills on
that institution, and demanding specie therefor.
The officers asked for time to count the specie,
which being granted, they teegraphed to the
President, Mr.. Wright, who was in this city, and
he at once rendered the amount in gold, at the
counter OF the Suffolk Bank They refused to
receive it, and he telegrzphed back to Lowell,
when the officers Of the Lowell Bank refused to
redeem the bills in gold, but offered check on
the Bank OF Mutual Redemption. This re-
fused by the Suffolk Bank, and the bills of the
Lowell Bank locked up in its vaults.
The Suffolk Bank claimed from the Lowell
Bank two per cent. month for the bills in its
possession The Lowell Bank rendered check
for the bills with all the expense and loss incur
red by the Suffolk, which refused
The Lowell Bank got out writ of replevin to
obtain the bills from the Suffolk Bank, claiming
that they theirs, and that the Suffolk Bank
h no right to keep them. This writ serv
ed Tuesday morning. by Sheriff Clark, while the
Directors of the Suffolk Bank were in session.
The President and Directors individually denied
all knowledge of the bills.
The Lowell Bank then directed its counsel,
Messfs. Gushing and Butler, to get out bill in
equity, and it was drawn, under their direction,
BY N, St John Green. The bill prays that the
Suffolk Bank be decreed to deliver Lp to the
Lowell Bank the bills OF that bank in its posses
sion, and that the Court restrain them by the in
junction from putting them in ejaculation. or
making any use Of them prtjudcial to the Lowell
Bank. The Lowell Bank sets forth that the bills
are theirt; that the possession Of them is neees.
sary for carrying on the business for which they
were chartered that it is their legal duty, BY the
requirements of the statutes, to keep them in
circulation and that the Suffolk Bank intend 10
injure them by keeping the bills so that they
cannot do the law requires"
Judge Bigelow said he would take the papers,
and give an opinion Immediately. On Thursday
morning he delivered an opinion, refusing the
Injunction asked BY the Lowell Bank. The Court
was of opinion that the plaintiff had not that
clear legal right on which alone an injunction
could be granted.
1t is alleged that the motive of the Suffolk
Bank is to Cypress the Lowell Bank. This may
be true, and the motive may not be approved, but
the principle is clear, that if party only exer.
cises his legal right, his motive is immaterial.
The act may be one Of usurpation, but the law
will not look into motives if legal rights are not
transcribed. The motion vas accordingly de-
MED