Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-06


= weoirus " EusaIsaas cbaiaasaza Rails.as c3....v
/, We have tee sble 20 ind sDy ersor ths i4iz
=, mest Of The TIC az C5ar in hs cause FOR Nazh i
ne t9ontI De revsrsei -rr = p "a
! The plaintiff vas tbe rnrchsser, or owner oe thh
"A 6ee9a Il he had bern tae delivering tosfse De-
as sndant. as cOum0s raisr, Tor POFtasi1n "a
- hius-Eoud have ntitltd hin les safe deiTeug
= snd neither. G. etlendesson or ihs q isneaul
II could taSfaiy haEs ehan ge is dts.Saafon or 81.
!, Terted il from him
a bat hare is a dasreat case sllszeiher. Hesder
n -oa vas the OWaer Of The bae3n an fhe rlsniirf
j. merely his etSr TO sal IL his account 4 Is nnt
!. Lesessary for 70 csnsider whether The plautf
sanding 10 the n laeon ubich he did "a tbis soD-
e y' soe'H ain ain sn ac' i9B against mere wrosr
l. uosf aelng 10 opIp0sifion The rights both Of him
q auu henderson ,lhe oWRer Ths ease here Is the
y same q eonits- between hin aud the-e-rr-r q
Henderson had s4net eneds an mai 80 49,
: bacon and Is ltish 4
n II tae hst1r has n prop , in the RoetIs esd i5
, nss' tue oW0er has perfect right % dsposa 81
: Them as he may slsassi aod ske factor cahaot con
irot bin in this Sight Walter Of ais - - Al
Wash. G. G. Rep 2S3. De Fofesi ys The if5s
In. Go. Halls Rep. S4-Ile Storys Agensy see 20
The case then resolves iisslfinfo ,his hsa shs
paintih, as against HENDERSON, any Pfoperty b tts
6aeNn, or any lien upon iz Taat he had nei her
ne think clear -fsaR.tse alth0lii es.-.saa-ss.sas
Mr.. S'ory5 IN hs WofE Oa Agency, q e ian -,
says: Lens are OF two ssrts, parisultr aud gsle>
rsi. Tar ieutar lien is usually hasd 70 Be lhs
right 70 resain thing FOR sen cHargs 81 .iaiA
growing out Of, or -sOaatcted wrh tiat iden issl
thlngi such As for labor, er services, exFeuses
bestowed upon that thing a geT ersl bea = righr
90 retain thiag. not only i5r eharres and ciains
specially isug out o. couhected With tAe iist-
neai aiibing ssbat alsofOr general baiAaes ofiiaea
cOuEt between the parties, 10 espeef ether eeai,
ings OF The Ike t. is less favored, ani -
construct war mlre sffietIy by courts of iaS
han a pAIticaaF lien alih ggh cersiuly, lbs
tendsrey Of late yssfs- in the osamese a esalna-
| uiiy has been - hsr 10 sxpan l. ghan 70 rtsiries
| of trade.
But no special property cas- exist in tle f,efsfsr
aHy lien geeri al or pariiear, uusss as have pos
sessiou, either &C I've Or eenssrucve Of the glois
| speak OF the ease Ehers 1 e consignor rs-
maias the owner, di1 II emerson IN this case bV
Constructive pessesso oa of his scfvanis OF aetn,s
| in the proper disehargc OF tbtir- Guiy Aud Il
cannot be made TO apPly to ibe defsL dRai In ihiH
esse. For i. seems 2 be veil settled. hat 4 ne
thing has not arrived % The poss essOn c che rctor
but Is siil in trsbsiiu, II he hiss only rgLt %
/ possession the lien dses nat sitscb Soty On
4 Agency, sac. 3Gl, 2 kent 63S kiul5ek gs. CrsiF 8
Isnn- Rep ilg l8ti Sweet os Pyn,l Eas- q :,
Chancellor KsOt say: Thst even Il loaeh the fac
tor may have accepted bills HT5u the failk of lhsi
Consignment, AID paid part Rf ths freight ysf he
can have no len unless the Rods Of tie pEineipsl
DO IN fact cone TO his hasd; aad for Ibis he eiss,
ThAtoass, wheHeKamusd, wi !. we thiak, be f5usd'
decisive of this 81. Il a7 -a sa-rr e-itesla
The Judgment Of the Court Of Kings Bench. in.
that case was affirmed in the House OF Lords. ~
the unanimous voice Of all the judges Tae Judge
in delivering the opinion Uf the JufVes observed
that the parties ei eaiirsly upon she sh of hss
agrsemest between ihem; thas they ltbs baskraPisl
should seeept tie bills drswn Oh them by the Siines
and should iademaify thsm ewes cut Of The proceeds
Of lhs sales; ana the ansaetioa between fhsi
with 10 fhaa
principal dEd actor sad nOLas betResn usHdsr rnI
vsRdee; thai therefore Sasdmiaa AMI GroboW tths
fEetOrs) could have properly ia TIE cargo; and
the rignt OF stepping IA fran-itG not Of ths
ques lO7; iha never teeuIEing but a. sen ves
dor aud veadee Aud for this be ria q IN he else
I OF Wright rs Campbell, Brew 205O Thai he
bsnkruPts e. julia have no lien in the case. IS he
speeill vsriet found fbal The goods never got into
their Possessisn- TBat though they nigat have
gwen their acceptauce lie faith that these e,a-T
signGlehts EOuli be Hsde % Them vet stili IL vas
an executory sgrsemeat, for the n3a>psi fgfuarce
Of which cnly right Of actsOa accrued. bot ithst
no property in the goods vas thereby vested N
them.
In that ease the factors. S,nden,p G-ah,w
who resided in London, bad become isale for Stein
the e0asig gaOr and 0wRer, Who lived in Scotland by
seeeptaness made upOa the faith Of the coasieB 4.
ments TO large amouHis and befides there vas a
heavy bilanee due them on previous traussctious
aud they were without funds b M 1t it, Thsv had
been abused BY letter Of the shpment hal recsivsd
the invOise aud bills Of ladug, and before she aFr
val OF tne vessel Stein, the e0nsgnor, had goae -
Londen and eonversed with them as 10 the Cargo,
given directions 10 its sale. and had caused them
10 have il insured-the premiums being eh trpsd "a
him. Amer his departure, the vessel and cargo
reached London and they paid part Of the frefrkt
and were urges BY the CsPta 70, a. once unlOsd
the ship and receive the cargo; but having stopped
payment, they Delayed until e vas taken under
writ Of ssquesrafi6R against sin che eon-igu1r
who never paid the bills, which was pTOved as debis
against the eOnsgnsss. And yet il Has held thsy
haino hsH and nc properly in the cargo
Judge story, Se-tion 3S1 Of his book Oa ARencF
says Ii goods come TO the possession Of he iauior
after secret act OF baBkrup cy, committed BY tbs
principal the. factor will be entitled 70 re1sio
Them sgains the assignees, for advances or accept
auees made after such act Of bankruptcy, upon ths
fsith Of the consignment OF The sods to him. al-
though such act was unknown 20 aiE at thstimeoY
the advance, or acceptance fer the act Of the bank
ruptey divsris the property or the bsnkrupt. \
And he says whether the Ike effect would be
produced When the act Of babkruptcy vs. ocIallit-
ted after the advances scceplances were made
and while the gOOds were ia traau { d e fact is
point upon which doubts have been enieFlsinsd,
but he weight Of Judicial cpiniOR seem against the
len. ...-
Bot Is unnecessary for oonelasively 10 decide
here, that the qeeePfGAees or ha3in the gart o.
the plaintiff, gays him lien and 40 special prop. q
etty IN the goods as against Henderson, becls tis
Circuit Judge, in bis charge 10 The ary, held the
law upon that point, 10 be Tor tho Flaibiifi aRd
manif stly il tae Ken existed az ali fl could On AZ
be that transaction, and esased upou the esy~
nieut Of the bill by Hsnders0R- 10 eOaid nos be ex-
tended to he general balance remaining on accsust
OF previous dealings. q,
We Do not think she Circuit Judge erred il eharg-
ing the jury, that il lay uEoa the plaintiff 70 shoW
he was under the LG6iiiy for Henderson,, by these
aecepl aaees at the Institution Of his sGit HoW
could be claim anything, or m,Ve the Court in his
favor unless he showed a LEM Ahd could lhe len =.
exist il there liabilityH The tills we're dis
honored in August, 1856. aud Henderson. Who-
seems be solvent prov esthey we're protested and
he paid them 10 the bank but at what tine he does
net say. The suit Of the plaintiff was aot brossas
ill March, 1891, Piima (acis, a least, they WeEa
paid before the instiiJit Of the suit. .r !. y
Judgment affirmed WRIGHr
A correct eopy. P. CLARK. Clsik.
$50 REWARD.
On the night Of De % March, Ehe passing up the Nashville
and Chattanooga Raj road, prisoner - th uans
Of AdES STEW XXI, ,scape from the lille say
Layergne Antioch The Stewart a5a
Il hirh.h