, 1861-12-05
LEGAL INTELLIGENCE.
The Currency Question In Another
Phaae,
LEE s kESAIED. !
TtR.

MARINE BANK. ......
In this case the Plaintiffs claimed a balance |
ofaccount for collections made by the Bank, |
amounting to S9,27248, and recovered only |
about Is per cent of the claim, with interest, |
amounting to some s7,0s5.
The facts disclosed in proof were that the |
defendants had made collections for the plain |
tif1s III currency, which, it was understood, was
depreciat I'd, and valued below specie OF coin,
when received; that all collections made were
made in tho ordinary medium, and according
to the usage Of bankers In Chicago, out Of
which dealings there accrued and was left the
balance claimed, at the date Of the crash In the
currency, i'll defendants hands, which they IN
sisted should be paid III like funds to those re-
ccfyed; and here arose the controversy, the
plaintiffs refusing to take less than 100 cents
on The dollar, Of the amount claimed.
The court instructed the jury as follows:
l. That il the defendants acting as agents for
Plaintiffs received the amount claimed in currency
dcprceiated at the time, and acted in pursuance
bankers. from which authority conld be implied Oh
the part Of said plaintiffs to receive such depreciat-
ed funds in payment. that then defendants were
only liable foc the value Of such currency when
ID That if defendants we're instructed OF had
authority to place such funds so collected to the
On hand until demand was made Or draft drawn
against it. and the risk Of further depreciation was
assumed by plaintiffs IN 70 leaving it-shen the
3nry should only n the value OF the currency at
the time of demand made for such balance as was
claimed.
Under these instructions the jury found
their verdict at Is per cent of the claim made,
as the value OF the currency at the time Of the
demand.
The Court further held under adyisement
question to be hereafter fully argued on the
motion for new trial, whether the mixing Of
the funds Of plaintiffs, collected by defendants
with the other funds Of said defendants, aud
| placing them to the general credit Of plaintiffs
! HcNnrnf without rnOEFnf authority
expressed or implied, affected in any degree
the relations existing between the parties, SO
| as to change the agency existing on the part
Of defendants, into the ordinary relations Of
according 10 the ordinary custom, Of all banks,
to mix collection funds with all other funds be-
longing to or held By them, such consent
| was to be inferred from the ordinary course Of
dealings. 1t is now to be asccrtaincd If out Of
| that custom the law annexes amy greater Or
other liability TO defendants undertaking, than
there existed before they mixed the funds col
lectcd for plaintif with their other funds. II
go, there will probably be a new trial granted.
Munson and Chase appeared for plaintiff,
Fuller and Hoync for defence.
! In the case of McGregor Bank, OF Iowa, ~.
sa'rhe u Bank, where the demand was claimed
a. soMS $1,000, the verdict on the same
r. ~ = as in the other case, rendered for
| s4,oD,, ~, .ns understanding being that it should
stand upon al similar footing. {same counsel.
A caustac Letter from the Foster
r scnooi Teaehers.
Editors Chicago Tribune:
The undersigned, teachets Of tha F,ator ecboo1
would respectfully enter Their ocq9o ~
ing considczed among the Many Teacirrs" wh1 I
Displayed such admirable simplicity and c,conni
Il dicfion In the cpistle presented 70 lie nEh1it
t through ZONE OF the morning papers; and Will
=, VIC thus publicly rebuke the wholesale forgery d
= onr unknown friend. We would respectfully snbmi
L that the Board Of Education has placed Us in DO
sition Of trust, thereby implying that We posses
/ at least moderate eharc Of common sense. whicl
F. would lead Us to resent any Infringement upon
rights. Lastly, we credit ourselves with sutdcien
mural courage to Issue our names With our opir
&c | ions
Jennie E. McIaren, Emily 4 NarAmore,
l. Sarah E. Bliss Frances e. Johnston,
r Ann E. Alden, Bel n. Jones,
l. Ann E. Wfnehen, Sarah ). Buchanan.
Sylvia E. Walker, Melissa B. Rounds.
y s. E. Church. J. II. Parker,
Mary c. GheDt. Catharfne Fomhof
liyonia e. Ketchana,
&c HoME FOR AGED INp1GENT FEHALKs.-
re An adjourned meeting Of the Board Of Man
in gers Of this new association will be held
1t the rooms of the Young Mems Christian A
be eociation this afternoon at 3 O'Clock.
Z. F. DICKINSON. Secretary.