New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-28
,.,.r. Ter plaintiffs, Z Blaninaab iOr aefssds,.s

~ =. p.,.. Fer paiuss Z Bianiuaan sr defendant
Befor. ynsss. SUTHERLAND.
DECISIONS.
n u. Application Of E0ssu Gasrn sad ob.r, for TO
tel &c
Referred to b. Lefirs wen, esq., to ascertain facts
Before Jorioe Ises.H.x
William L. Rosen e al ~, Moe. c. Brown, j..
A. the plaintiff nsped execution against the per-
..' ss s., x. n
soie6 70 three mouths after he surrender rhs 'e las ~
sspGsA Motion denSd.
asemsn n Phce Y. Ks,e. ndmand Scott Theodore
TIE n,.i.,is .sass tbst in Is49 and subsequently,
Ae was q. owner Of ded e,.e IN San FIsne.o Of me
s.sn .sS Ses.pdsns Reyes friend bsc formerly ben
& ,s. ks With h hin ss pn is ds
lA aoss h. SgSsr % ~, Z p, S. fsa sa,D.
= sra., for isss pOrpo.e. Keye. San Fr.n
ss Msy % June 49, tina, the o. s,tor-
= June seo,t aldsf he Key. Improperly .od p.
vhole estate ump The eef.Ddso,s Payne and Dewey for
sSys e. r.. .sIs alleged Of ffsada
\. ...sn.iion between ~ tn. defendant, Ss, ,s m
That when Reyes reached Ban Francisco June 49, ss found
r. .nosn. Of over With intr.,t NIB cent
pr oD Of mortgages In foreclosure and The ads
tie property ready for The sherifs advertisements Lc
nat esr quit, for many thousand d. w.is IN R,os e.,
ssrtys sw ~oOA 90 into BY which plaintiffs in
s .1 ys II s1s us m P vsnt
sale which would probably bring oneour,n
Eve TO psIehs.s the Whole estate and pay sy sixty
snd do cash Gown 70 stay The most us.nt OF ne cred
hs Kys .r hpTo1ssy trim, The as s ; N,
s 1S ss &. g. s' ryS: &
q which they p.id large sum In cash and p.d me whole with
q he estate q. The time and The sale made by Keye.
sH ~ doubtful titles and that sale Of 1t except In sros' vas
{he pspers 10 TIE very vouminOus
made by the pantia f2r con- mission 20 ssh
rsHv The defendants iDdssd that the commission should be
= The ordinary folm, to examine on io:erross,ores l.
named In intsossos 10 be- annexed defendants to be
4 liberty TO joh Stay Of trial for az months
Cuunpzs Alexander Green for plaintiff J. r. Doyle Tor
Payne and Dewey; A. H. Dana for Keyes w. RiDeven f0I
GENERAL TERs-oc.. n.
POWERS OF CORPORATIONS AS ACCOMMODATIONS H.
m Bndsepor. City B.ni ss. the Empire Dressing
Company
CLtRKE, j Whether corporation can become
rs.s either accommodation indorse or 10 other FORM
We supposed ond all question. firmly established IN the
sssss We h.d occasion % dcas and decide I'm. question
The d.ecD In the 18th Barbour 5s IN the Gaze OF
I'd IL the epine in that case cOpofsn
net suthonzed make soconmodsin ndorsement ana
q 1 sodd ~ p. suing ION on nSs
made BY the bsnA '5 it YVES i. wn note Ih 10
s. r ,ss S.ni Of osse.e ct ss Pscsn Bssl
quite clear the oe." Of b.n,ins association or
ether corp rscp have no power 70 gage me atuuon as
81 the tuspsm COMPANY" Aud assn: Bat the proper
Officers Of the def ndaD have nesotsed 1t TO the psnan repre-
Il Is the plaintiff has ,te usual course Of is
Ia'a.. e:scgnso The ssso re pIoeSd:
ppepe fro ,sn up mat YVES no
TS ys: ..osy sp Which iSs
IL ee sPpesu have been duly Issued BY the cooperation
% fact, Il issued for purpose. and At Place not sa
The 3. eson Of Ii. ofAppess in the F.rmers and Ne
eAsnic BARK sgt Butchers and Drovers Bank 6 "
Us not n conflict with these pTn'R bat 2. me 10 s
whether the principal esopped by the representation
sntIors.d In that cae teller had ceied
The drawer Of had funds in their bank pay the check
bjle Il was admitted principal not oourd by unsu:
tbopssd .e OF The ssept held that although the teller had
authority certify without fund. there vas plain distinction
upop which the rtht exercise the authority conferred
sseI ia the Of The s.eht he
81 he5efoIs person aIo"ne ,s. ;hs ssDs
psn The representation Of the Cashier Other officers
.S:m u. . ~. bank would 20; b. .be But in regard
. tbe VIII. her the bank hsd funds or no. was
= e, ss, 1ss The teller b eer,iDs virtually de
sr.d the .xr', act th Zoe sisw.r nsa t1nd, 10 tns
fhis dsoar,,on I.xey held IN that case however that
the hosss Of he cbe s9w ,As the ;enoosDs sssr
much contradict the principle tnn corpaon eau
o. form, uress oe been discounted in god
81. a. d made BY s proper off,
~. q ~ p.lr on note unes II 1.-THE note Of toe cor
es.on ha, pass the hand. Of bon. foe holder without
$50 xbo - raia y>inshe confederation for It, .
In The case under main questions oeas MAJ
y,i,1r 70 the roce Jrrts sing from the puDcipe
h,eb have referred were whef tie Deorseme on me note
IN sui va the modaion NJ tno phy CT ~
Vas discounted BY the psiu,if. for the beneh' OF ee
snA scordiy IL really sceo mmooston u1 ~
si,eountsd BY the p.rtHs IN consequence O. !, ~. .h,
-,sSe nv the proper Of the defendants hs VS. men
cvp note BY them in the ordinary course OF
h.s wa. conflicting these points bur the Jnszs
IA nhps 70 the Jury decide he hmse deciding that the
phirs, become the bona hde bold
directed nd verdict for the plaintiffs This
itout sny coneers Of the other points presented on ths
srsumer ert induce 20 Get aide ne VERDICT and 70
vtsst new trial, costs 70 abide the event
cOrrRT CALFNDAR-rHIs DAY.