, 1859-03-01

If II, Er-rnt;., no-.r tn II. ~onm....:.~ $500
"'o np'..onmen~
| '43eo @a.sto usn Pioeaeo 70 pas sen
| se.so apou 14nn' 'aD''An'A'iis tae same' an
A4ins Aoe e4"e oay u aoot"
| - 'u' as,'Hol' =. easo - ~ "e ieAfn' inc II
'. 'oo eo4ns'' ~ S~4t eue ease 70 II
"l.s uoN
' "@' oloasu' in'o oour
s.-r" -. s'1lssu ~ u'e 'eAs IMPRISONMENT 10
4...s 'A'o'a A''pet II H." Guy. IL
""'' " "A1 =" te"em0efeo' p1' On 'ffa 10
"ofoe1' out ING case oeeame enc OF NANTES
msnslaugnter, and the youthtal appearance 0
soe prisoner ooooaefs MO mooa 10 DO with TIL
aga. 'etm Of imprisonment n3sa oy his jury.
NC na'e mus no" tnree convicted murderer
."alunk pene1'5 Of oeatn IN orr Jall In this city
Il snoo1a oe ano doooness Will be genera
49, -.s" - 'ASN'n 'oons u. 1'go'fn'nk'nf
Pos4 4'n ~ W. community tnst ny Ii" passet
~ ~ 1'~'44. sae pooalc are 10 d
ep1A'"' "AA' wv 11.n3 "1l 'oei . lo@s' INC spec
~o " ~ - '10 4.se u NY "''o 3 zap
.a .ns efo"a IN @''enoanea' 'n taraf honor 4
1n.nota 'nA' neneeio11n Ill e4e"o''ons are TO o<
p''A'o'
rpear 1wTr11rnprr1
,z1eo5 r M,+r1e1 =, N;n;dan = s:,,,o
united Stat-. t,irc,i, t,orrt h.fo,. H.. r..
MAJ D,nmmond
Thi. rs. An action bv the n,.7ot;F q, .nd,-
ssr aesins. III. d.fendanta a. N. d~.z.-. :.
four. and ~ the sccsptora of TN hin. ~ ~
chauee. all Of which xere mad. n,vabf. st N.
Merchauts' Excnanos Bank NY md ,mo,.t
ed tn ths snno of tv.rt,. ..v.n t,or.,ua ,.,,.-.
Tbe bills vera .1f arovn n.v.h,. +, ,ha ,,d.. :.
E.a Dav Co. and bv tbom .nd,,,.d ~ ~,
nta;ntiF
~. sot1. o:-
1no oelenaAn', o'npson, Aleo especial pleas,
and the defendant Minlhan the general isaue
only.
Tba a.n..;,, .,.t.,-. .e
oop'~'4' A1A'"1e VI "'4eas7 "efo - 'ol
lst- That the bills were executed by defend.
ant, FIR tn. nar. accommodates. .e u.,
= n.s.o. a. ucaAou u oSf.n'1 !,
aoatooa, ta7 ora"afd 1nAs they received
IN payment from said F. s. Day / Co., no con.
sideration except drafts drawn bv the R.,t =,
Perm nm lin. ,av.h,. ., n. H.rs....., e.
=. r.! @''e soo a.0'sa~o@ 1A-
-O-~s eAAO
hibited By the provisions of tho sct fthe 20th
section of the genera, bank;rr ,av, firm, ;.,,;,,
49,. -. -. ~. 4oA,' 4'ou'1s
otale7 ao1 payable Oh oeuanu- 1hst Inc lsaoa
Of the came was an illegal oct, rendering the
security therefor void. Tint no soh..opant
... - a.
p"'u7a' W sae oAnA y. 10 u"e o1s's eou4o
render valid the bills declared, constituting as
they did part and portion of the Illegal contract
giving rise to tho i.,ne of tn, nroh;h;ted lin.
s..ne * Ts ~, ~ Nv fsuso '.n'o
o1alD o1 1ne oank. 1nas 'ne OBJECT aud policy
OF the prohibition WAS to protest the public
from Issues of bank promises of tb;a character
., .,.o ~ n,,.... ~. ,,,.Lh.,I.. .r ..~1.
III a'so 10 Pfo'ees 'ne s'ookno'offs OF banks,
and it's depo1itors aud creditors from the iusol.
vency and bankruptcy incident to the issue of
such paper. That the object OF the legislative
prohibition WRs to prohibit the issue by the
banks Of time bills. and that payment Of the
same Was but q eonsusn1aafton Of the original
unlawful act Of Issuing the same. That their
payment could not give right Of action on the
common courts ior money had and received, or
paid out Or otherwise hoWsoevet: The Court
Instructed the jury on this point, that although
the original Issue of the time drafta of the
bank might be illegal, yet tho subsequent psy-
ment Of the same would conatituts valid con.
sideratlon for the promise Of tho defendants
To the giving Of which last part OF said insttuc-
sA0A sno AV'ElA&A% GoA1oGA GAEGpttu.
Another ground OF defence Was that the bills
declared on were wholly void, greater rate Of
interest than ten per cent. having teen taken By
+. :. Day + Co., who, 1t WAS claimed, wAa q
mere nominal hFm, having no exiseuce in fact,
but organized for the mrre purpoae Of attempt
ing to eyads the law. That the transaction WAS
in fact transaction with ths Bank Of Perm, and
in violstion of ita charter, rendering the secu.
rites taken wholly void. That the ease was not
governed By the general usury laws d the State.
declaring forfeit merely the excsss of interest
reserved or taken. That the sd hection Of the
general act oi January 81, 1857, e2+ladins 70
and declaring aimp!Y .hst tbs re-
serving of rate OF interest exceeding ten per
cent. should only have the effect Of rendering
forfeit the excess, Was repealed By the 9th sec.
tion Of the set Of the 14th OF February, 1857, de-
claring that banks should not be authorized to
take or reserve interest at a rate preater tbsn
tan per cent per anuum. That the tirat named
sci took effect from lis passage. and the latter
not until after sixty dnY, from 1he adiournment
Of the Legislature.
The Court instructed the iurv n, this mint
10 the effect that If the rights Of the party 1ere
10 be determined bv tia R.nk Ch.rter ths
taking more than len per cent wou,l rrndrr ths
governed by the general law Of ths State, aud
Ehe sd section OF the act Of 31st January WAS
not repealed by that Of l4th February, the
paper would not bs vold, although interest ut
lhe rate Of more than ten per cent per annum
Has taken. dls honor slated that he had, with
some doubt. come to tue conclusion to instruct |