The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-03-24

JOHN STONE, ALLEN STEELE, Of Ravenna,
- SMITH, of Earlyille, - AMBER
SON, of Rootstown, and RICHARD MOONEY
Of Hudson, has been formed, who intend
leaving for the land of gold next week.
They 60 with shovels and picks, with the
firm determination Of "doing or DYING" and
one of their number being an old Californian
miner, they will undoubtedly succeed in
"doing" the Peak out of some Of its treas
ure. We wish them unbounded success.
We learn that some of our farmers are
preparing to migrate TO the gold regions.
1t may be well enough for young men and
those out of employment to 60 there, but We
regret that any industrious farmer should be
tempted to forego the comforts of home and
leave the reality Of his grass and corn fields
for the uncertainty of the gold felds.-
"Stck to your fOrms," is the advice of all
who have visited the ncighborhood of Pixies
Peak.
REVIVAL OF BUsINEss.-From every por-
tion OF the country, we hear the most cheer
ing accounts Of the revival of trade and bust.
ness generally. The panic with its paral.
izing effects, appears to be over, and the ac-
tive energies Of the people are again evei.
opng themselves. In the eastern cities
trade has not been SO brisk for several years
as it is now, and an excellent spring bus'
ness is anticipated. There is no doubt but
that before the close Of the present year, the
country will have recovered, to great ex
tent, from the crushing effects Of the 6nan-
cial revolution Of 1857, and with our late
experience to guide us, we may safely hope
for many years of undiS'urbed prosperity.
AN IMPORTANT DECISION TO SURETIEs-
PORTAGE COUNTY BRANCH BANK VS.. Gus
TAvUs LANE.-Our readers will remember
the suit between the Ravenna Bank and
GUsTAvUs LANE, tried in the Common
Pleas and District Courts some FIVE or six
years since. The facts involved in the case
are as follows {: Lane at the request Of
SEYMOUR & Co, had joined them in note,
for the purpose of procuring loan Of $4,000
and applied to the Bank to have the same
discounted. The bank refused to discount
the note at its face, but without the knowl-
edge and consent Of Lane, agreed with Sey.
mour & Co. to loan them $2.O00-upon it
and the same day wrote across the face of
the note: "$2 ,000-,his note was Discount
ed for So 600, which amount is due upon il.
John H. Ebbert, Cashier" The note not
being paid at maturity, suit was brought
against the makers asking payment for $4,000
and interest, the amount actually paid upon
the paper. The suit was tried in the Com
mon Pleas, and Judgment rendered In favor
of Defendant Lane, the surety. 1t was ap.
pealed to the District Court, and upon first
trial the Bank received judgment. A mo.
ton for new trial was led by defendants
counsel. 4 new trial granted, and upon
second trial in the District Court, judgment
was rendered in favor of Lane. The cause
was then taken to the Supreme Court OF
Ohio; where it has been pending for the last
two or three years. 1t was submitted for
decision on the printed arguments of JOHN
L. RANNEY Esq, for Plaintiff, and SAMUEL
SrRAwDER Esq, for Defendant Lane. The
Supreme Court, Judge Peck delivering the
opinion, held:
l. That the note up 10 the time Of its
transfer and delivery by Seymour g. Co. to
the Bank, had no legal validity as promis-
sorry note for any amount.
2. That the Bank having refused to dis.
count the note at its face, it never became
operative as a three thousand dollar note:
8. That the note when thus delivered
and endorsed became and was in legal effect
note for So 900 and no more.
4. That Lane being merely surety and
never having assented to the modification,
was not liable upon it as note for $4,000
nor for the m5ney loaned as upon request.
5. Where upon the whole record, it is
apparent that on re-trial no recovery can
be had, judgment in favor of defendant
will not be reversed, merely because the
Court below may have erred in their instruc.
tions to the Jury.
The judgment in favor of Lane was az
frmed.
THE "GRAND COMBINATION CoNcERT."-
The concert given by the Hutchinson Fami'
ly and the Luca Brothers, on Tuesday eve
ming last was decided failure, so far as the
ohite wing Of the "combination" was con-
cerned. The Hutchinsons are as fine spec
linens of mountebanks as can be found in q
months ride-they are singers of the third
rate order, without sufficient power and com
pass Of voice to fill an ordinary hall. and ut
terly incapable Of producing one warm ant
genuine emotion in the heart. The Luc,
Brothers are talented and accomplished mu
sicians, and to great extent, relieved th'
audience from the sickening sensations pro
duced by the efforts Of the Hutchnsons, bu
it appears to US, that their selections were
in the mains shade too "toploftical" for the
audience. Taken as whole, the concer
was the most successful bore Of the season
In-r~-non1o 1nrYypr nur