New-York daily tribune., 1865-11-14
In Court Of Appeals.
JuSE TENN. 1865.

r,sfy. paun.li et a. a.s, Louls- walsh. ., sl
Ths was an action brought TO recover one'h'f
par, Of balance OF certain meurys BY The
s.nt. oftno ouei' q the bns Cmra for the ifeh nd
Thi. osrt held thai when ,c,.s. j. osu.l ~ ,cvea,
psf,ont n .hsfe. thsy teuant 81 % ,ho own
.tp of the ss..c b' psEipsf b. fespt 20 the efns' y
Tl.s partner. IA the carEls a. .Aou.d b. loncd N a.
action "a recover sr if,ishi eaTf.rd by such '"'s.-
Bu, ih., d~fccs arising fm the oirder ~ tho
pn,s. advantage b. iken Under tho code, by au'~er
of t-uprfcr rnd ttai upon the merits waves al
Calvia r ,ian.b.rl.in =, al ss, Gym. rr,i,.
Thi' ~sssn .caa 70 recover he Pe''..ioa = printing
ps.. typ and Implements pied 10 the Ir'ns ~
ry nswsIaT.f and which bad BEEN u.ei ior sueb puos"
Th rrofey held By parole l~a.o 'gr the tenn Of
,eu aud the dsi.udtnt lad been boiling for sonr
month. wn.n ID. return on property demanded Tho
aecndsn, fe ed - rtara The ptopy on ,hs Toond That
he became .uart hon year 20 year Bot his Couu bed
th tie rule Of a. rrafdns pr'oa hoa9s ove. by eon'cns
l. only sppIcshc % leaves Of real property.
Tie state os Michigan ' Ihe frnii b-ns oi the City Of
Til. action vas brought By the pna 10 recover rom the
defendant +J3t55 - ani ueret theron. which had been
allowed Board of state Auditors g. the defendant, upon
FL" aud fraud ,u, representations sde 10 said Hoard by "a"
of the defendant sud which bad been pail
such aloWce. Ills Board held that award board Of
state AUDITOR obtained on an p pdfe hearing upon he
tou api oundes claim. mny be impeached .of ald and
imposition tie part of the ciaiusn'
Also. that money paid under such award may be
covered back es'abhns the fraud tie extent tha, The
state hss been damssrd by tha wrong.
The Judgment oi tie supreme Court a. tie General Term
Jacob Ellington sgi. James WAGNER e. a.
Tti. action lVou pfomssory made be- The ds
faudan James Wssonethe other defendants being sIrcir
and payabo TO The p,irth. III. defense that h.
action premaiuroy commenced and agreement was
established by proof between the plaintiff and the dcrrfin'
Nagonsr by which the payment ~ the nyti IN suit 10 be-
postponed i0r several months which rsnod had not hpWd
the tine Of the commencement Of this action Inc plaintiff
sought avoid the force and effect Of by
slowing that Il sud void Dn which tho Court
hid Fu Tha, IA. d"fens" Of usury could only he up
by the prty bound by the original agreement TO pay the
borrowed by the sretics heirs drv repre-
sentative. Of such party; and second That the insurer him
so cond not avoid thr of,e aud fleet Of bis contra
the plea hat Il Wa. u,uEous and void.
Thos = Beals Erccuor etc agi. Simeon benjamin u al.
This action brought 20 tho amount appearing 20
be due upon certain prom.ory notes The defcuss
u-gr aud attempted 10 D. Sustained by that the
plaintiff depo.itor OF defendants money etc bad charged
hang IN addition to lawful interest The Court held that
contract Of rendered INJURIOUS BY s.ptstr and
distinct sgf-nirnt and undertaking between tie parties,
ths, the lender TO receive the deposits of th. borrower and
kr.p them safely, and them demand.
don that ihs note, dicognted shall be paid the CITY II
New lok by means ~ which hangc e bali Of ono
per REALIZED by tLe lender the Of pepper
thus disco int.A
1ba when the relation ~ the party borrower l. dtiuct
from that oi dcpo,to tho two relations would be-
founded of tha pptpos- Of establishing tn ert.nee of
Ihat when tho facts OF "a" show sufficient Tor
payment the discounted in distant city q, h.
cost o exchange other than purposes Of profit tho
aud ndnCrment 90 him to max. the loan they be-
tasen into IN determining the character of
traD,astion. J0gL IiEyASY, state Il, porter.