New-York daily tribune., 1859-07-29
LAW LNIELLIGEVCE.
COURT OF APPEALS.


NOTES OF RECENT DECISIONS.
Bsrpes sgt Ontario Bank and Hoilistsr
al or ss Pr,der IL addition to ha. q The
SAshe In order bind bank osanred under the general IA"
The saaord ss wyckOa HILL 42) to that effect
ssnrm.d. ...n
try agent. IN behalf Of the bank wasre NJ desns
n Of cs m.S s . S'a apon p sf
IL .cen appointing other agents 70 contract In us oenA
The cashier Of bank for he purpose Of raising money made
and delivered nesa,ion agent certificate ,hs, slca
Se, e.en m.de The agent Ddorsrd 1t, procured tnd
DD discount Of $50 over and above Interest and
1re payment within thirty dsys d that these f.es
S~ cs ia, b. ,oos good faith and without
d f the cashier 70 divert the proceeds from the use
sfsAe bank to bis rhVss,,e esneh.: H. uo,,,n
person directing broker TO purchsse stock Tor
TO n Purchase according 70 the custom Of brokers
Of deaus IL thar names without disclosing ther pnneps
Where boker 70 advance portion OF the purchase
oney upon security Of stock be properly take the
NIL IN his own same 49,, 1t. ,,,,o,., ..,c. ,srs
iroo oh-r .ecs of the same had Owned BY 1ise but
ia his ea he ssP IN % sod 's1a 'S 90 S. asIs pai
8idwen az, Nsthwes.sru Insurance Company
A marine policy stated the insurance 70 be on ac-
seun Of A. Io. any payable B, and the vessel
..Dsd By the s.ssed '.ss from % 81 nsn. hsd a TSa ss o
Of A. the upon the vessel and DO, oil b.
upon Of As equity Of redemption
That therefore, Of the prior MORTGAGE. was
beseh warranty AID fatal 10 recovery upon the policy
HaDt Az. BeJnet-
In libel slsnder, and other scoas OF similar cnarsc-
ter The law slows exemplary punitive damages 40
In an action f,r libel sufficient allegation Of Its Plblca
tion BY the defendant that be proprietor Of newspaper
IN which 10 puhl:shed. - So .
The statement words Published bes siien:
ale CATION offalsshood and malice.
Where the publication privileged capable Of inno
construction, the duty OF the Judge TO e0arse That
hs~ous .., ,
Tb. statute a 81 ec 2 that in all prosecutions Tor libel
se Jury right determine The and the fact
hies o criminal proceedings only
communication pabc al large In newspapeT Ia re-
the qDafc Of candidate o an oce, the Appoint
which made by board Of limited number, does not
the footing privilege as addressed 10 the s
pelnunz power
Golisbergsr ct al, Administrator, sg,. Taylor e. a.
The suieties o special adllnsi atOr are ldoe Tor
pey received by him before his appoint
D-n and - the agent Of previous adminstor TO whom be
succeeded.
WpAes az. The Peoples Fire Insurance. Company
The sale To aliep, of vessel enrolled under tine
1851 regulate foreign and coastng trade
the uorth and north frontier bu
Rot hcepsed ooes work her forfeiture.
The vessel with covepan. Tor payment aud -
Insure for eeDe6t of the uurab- Interest
vAsbs not Destroyed BY forfeiture for Violation OF
th~ act OF 1881.
Wh.ler insurer could in any avail himself de-
frse Of forfeiture the United States slbseq
valid when Quere.
The kontAlue Phrax Insurance Company l JoAo
20) vaesioned ~ ieis respect
AeiseIcsu ag. FeAIslL
An sstoppel by record cannot be counterva,ied by
argument, however o"nc0.ise.
party may, therefore avail himself of ldgineu., an
dcfe tAel though he admits that il
sUseau.nt action brought by hase and copsnun gsus
defendant the latter had judgment the
aeDoe and which oush; been determined 10 ae