, 1863-04-11

Another Currency Suit,
SUPERIOR CoURT.-Austin rs. Homer. This
caee, which was tried two or three weeks ago,
WAS finally disposed Of BY the Court day or
two since, by oyerruling the motion fora new
triAl, md giving Judgment for the amount of
the verdict-saG5. The fhcts Of the case
were as follows: The defendant, Allen Hor-
ner, drew check on the Murine Bank in favor
of one Knox, Of Bristol. Kendall county, for
ss73, dated May II, 1861, which was received
By Knox at Bristol on on the 21st of that
month, which was four days after the bank
had stopped, and the currency had gone cut
Of use. The check Was presented for pay
Mcnt on the Sl Of June, and the Illinois cur-s
rency offered in payment, and refused. It was
shown that the bank had the eame ability to
pay when the cheek was presented, that 1t had
at The time Of its date-1hat it paid It's specie
| account In full, and accounts in PAR funds III
| tull, ard Illinois currency accounts, sueh Al
tie dcfedant's, were in Illinois currency The
defendants account with the bank vas in
terms. in Illinois bank notes, aud is entered
OIL the bank ledger witt his assent and no
other. 1t furthcr appeared that after the suit
~ns begun, Mr.. Horncr drew his money ont
of the bnnk, receiving for it rar funds At is
cents on the dollar.
The points taken for the plaintiff were that
the holder Of the check WAS not bound to
10 thu drawer, oil Two grounds.
Because 1t sos not received by the payer
from the drawer, Until after the failnre Of the
hank, and the withdrawing the currency
Which facts being known nt the time to him,
notice Of non-payment would hare been q
mere ceremony, And, secondly, because the
lawful money, or in par funds, but only In
deprecated Illinois bank bills, it terms it
was not such 4 bank account Ms gave him the
right to draw upon it, for such was the i'm
port cf the check, being for SSH; and,
his deposit altogether. he was prccluded from
that the plaintiff vas bound to
resort TO the bank for payment Of the check
It is csalrned fer The defense, that the drawer
Of tie cheek was discharged by reason Of
representation for payment In due season,
on the ground that the d. fcndant, having a
la1es bank sccount all the time from the date
of me check until after its presentmenr On
il Was pi,stnttd. The Illinois currency had
largely derseciatea. and thereby Mr.. lIornc1
Lad been damnificd. 1t Was consent1ed 70,
tile deftnse that the drawing uf the deposit
: alter tic suit Was brought, did not help the
case a; all; that at thg most, plaintiff could
auly sue d f,:ndant for the fluids realized from,
! The ka1c OF thu deposit account, In new ac
. tlon for money lost and received; aud that
| the present action could not be maintained
on tho familiar rule, that II i cause Of action
t.ocs not exist when suit Is brought, 1t canuoi
, bc aided by anything that l,appels afterwards
| And il being ehuwn that defendant had mort
tlall money enough in bauk NIL tho while
fr'.m the date Of the check until suit was
brought, no cause or article existed or
which THIS suit could be maintained.
The jury found Il verdict for the plaintiff fo
the full amount Claimed, and Interests. Al
. al peal has been taken TO the Supreme Court
by the d. fenaant, where the case will be ar
: gntd at the next fe,m.
q The precise questions presented By thi
: ra$e are different from what have been pre-
e sented in any ot the former currency or banl
y coscs. And much interest il felt in mc1can
= tile circ3ts as to the final decision.
= Arthur ". Windett for rlaintiH; McAl1is
- Ter, JeWett aud 1sham for defendant,
i Coppcrhead Treason and na!."nIty
d Cn1cAGo, april 10, 1868.
n Editors Chicago T1ibnnc:
= The In5incible CoppcrAcad Club gave thci
. :. anniversary dinner ar the Briggs House, O
& Thursday evening. As is always customat
Q on such occasions, the President of tho Unite
}, States yus pot toasted. On the contrary, n
mention WAS made Of the Chief Magfstrat
Of The nation, except In the speeches Of th
It E, G. C.'s fiom the southern part Of th
n State, in which Mr. Lincoln Tas most grossi
~ | abused and insulted.
- Mr. Sbtrmnn, the Mayor Of the city, va
II present at the dinner. Yet be sat quietly !
% GIs chair, and allowed this indjguity, not o11l
[s to the man, but to the Office, to pass unr
buked. And he has son in the army, too,
= which that President is the CommandeF-n
n Chltf.
Would Col Sherman do as Mayor shcrma