The national Republican., 1866-12-19
TAs OSsrss.
SUPREME CoURr or THE UxlrED STATES

On motion Of Mr.. Gary. James 4. Doolittls, Jr.,
Eco, Of New York, was admitted an attorney and
On motion Of Mr. Rysn, Brssss J. Stevens Esq,
Of wisconsin, wss sdmittsd an attorney and eoun.
sellor Of this oeurt.
No. /; q. United States, plsintins in error, VS..
George N. Stewart. 100
No. .. The United States, .plaintins in error w.
Errors 10 ths Circuit Court Of the United States
for the Southern District Of Alabama. Mr.. Justice
Miller delivered the opinion Of the court revsring
the Judgment Of the said Circuit Court in these
No. .. Thomas II. Newell, appellant. ". Rish.
ard Nixon. Appeal from the Circuit Court Of the
United States for the Eastern District Of Louisiana
Mr., yssties clifford delivered the opinion Of The
sourt sarhinS The dserss Of ssid Circuit csurt IN
IN ss. j. David 4. HssA.., .pp.ll.a,, " n.
unitsd SEATS. Appssl non shs dirssis court Of
he United State {cr SAs Esstsen District Of Lon.
isiaaa. Mf. JuRiss Field dslivsfsd the opinion Of
The sesrs, Affirming he decree Of The said Circuit
cenrt q this eaase i,,
the matter Of Laabdin p. Mnliess, petitioner, on
esrtiAsats Of division between the judges of the
Cfeuh Court Of the United States for the District
Of Indiana. NJ. Jssties Davis delivered III opin.
Ion Of The eoust, answering The Arst and second
qr:s.cs' ,1:savsly ..a sAs ;I saisS n'e..iysly
Jas. Mexasters st d. In error OF the Cifeuit
Court Of he United States for the eastern district
Of Lsuisiaaa. Mr.. Justice Nelson delivered the
opinion Of the court, Affirming the judgusnt Of he
aaid Circuit Court in this eaass. "a,
No. 70. The Union Manufacturing Company, ap-
psliant, ". Joha H. Iounsbury. The srgunsnt Of
this cause was eoutinusd By Mr. steughton for the
Adjourned un.rl .o-norrev q II O'Clock:
Es~.y- III. ye.or, and dude; q rssasG, y, smd.r
an authority 10 collect the Ss1<s Of ths iss0lvsst-
Jamss Brosrn, appellant, %. Esgsnia p. Bot
This 10 an appeal from the Circuit Court for the
southern district Of Mis.issipp in which court in
=. !, e: % e
msnt Of two pronissory notes. given By hsrsslf and
her husband Council h. Boss, since dscsased, pay.
abls 10 the order Of the eoupialnant. 80
The answer admits that the mortgage and notes
wsrs givsp, - set forth 10 the BILL and are unpaid
but u s.ts up In defence In substance, that there
was Q fAiiurs Of confederation and that the notes
bs.onsed not to complainant, bat to the Bank Of
Aiaisippi
In isi6 Boss, the hosband Of The defendant, be.
ing indebted 70 the Bank Of Mississippi, gave his
notes for the debt secured BY mortgage Of his
lands in Warrington county, Mss. subssquently
the equity Of redemption was sold, and purchased
BY his wife. In l84S, Brown, Brothers & Co., for
themselves and other crsditors, hlsd . ersditor's
bill against the Bank Of Mississippi In the Superior
Court Of ohsnesry, and one Laoosss was appointed
l
recover debts due to the bank, and among others
he brought suit against Boss upon his notes, and
forsclosed the mortgage. AZ this suit endangered
the title Of Mrs. Boss she offered to purchase the
nc,tesss debt, and the notes and mortgages .srs
sold TO her, the receiver accepting thsrsior drst
and three notes. dsnsd by the defendant and her
husband, in favor Of the appellant. who was mem
bsr Of the hrm Of Brown, Brothsnk Co., and acting
for thsm Lseosts passed the draft and notes to the
psyess and received therefor credit on the debt Of
l ~ ksnL At unN ~ H.
dsrsd. Brown, Brothers Co. now swear the notes
and the mortgage wsrs Transferred 10 them for their
security By the defendant.
The defence 10 that Lacosts had NO authority TO
sell and assign the notes and mortgage Of Boss but
but only to collect the debt and consequently that
the defendant scquirsd no title To them under The
sale, and that the notes and mortgages became the
property not Of the psyes the appellant here, but
Of the Bank Of Mi,sisippi. The Bill wss dismisssd
below. The appellant insists that the want Of ~.
debt Il no defence 10 the suit. The consideration
for the notes sued on was the transfer to the do.
fsndsnt Of the notes and mortgage In the manner In
| which the transfer was actually made. Ths Dc.
fsndant obtained possession Of them, and thereby
the control Of the suit which endangered her prop
srty. Her object has been attained, and IL dosi
not appear that she has suffered or 10 st all likely
TO suffer from the supposed uihosnoy Of Lsooste
authority She holds the securities given her II
consideration Of the notes. has never offered to Civ
|
She Is not, therefore, in condition to set up tn,
want Of authority In Lacoste a defence to thii
suit. Orchard ys. Hughes, l Wall, 93)
Tho court ratified the sale Of Lacoste to the do
fsndsnt By requiring him TO bring into court 81
asssts ofths bank not disposed Of which was done
He failed to bring In this mortgage debt, and
decree was entered against him for the amount
which was ratification Of the sale. The deere,
could have proceeded on no other theory.
The bill below was dismissed on the ground tha
the court did not have Jurisdiction to grant tn
relief asked, and not that II had not Jurisdiction
the parties or Of the subject. The court had as
serted Jurisdiction BY subsequent order 10 rsspsc
to the fund. and had therefore assumed jurisdic
tion. miss. Reps, ID deorge 4A)
The action Of the Bank Of Mississippi had su
thorissd the transfer made BY Lseosts and for thi
reason the defendant has no good and squitabl
defence.
The defendant relies on the two authorities cite
above.
Rsmdsnos, Of hs Jndsa Of ahs Snpr4ms Court Q
tie United Statss.
NJ Chief Justice Chase, E street north, corn
NJ. Justice Wayne, No. . Franklin Place,
street.
Mr.. Justice Nslson, National Hotel.
Nr. Justice Gher, No. . north A street, Capito
Hill.
n. yu,tlss clifford, National Ho.s':
Mr.. Justice 6wayns, Willard's Hotel
Mr.. Justice Miller, National Hotel.
, Mr. Justice Davis. National Hotel
Nr. Justiss Field, Willard's Hotel
John W. Wallace, reporter, National Hotel.
D. W. Middleton, clerk, No. 58s New Jsrse
avenue.
UNITED STATES CouRr OF CLAIys-. ..
On motion Of Mr.. Weed, tho Assistant Solicitor
, Addison 4. Hosmer, Esq, Of Washington, D. @.