New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-24


money which was made payable % her ordor forged
in the presence OF OF the defendants Mrs McArde
tesifed that she had not signed any Of the papers in
question and that the certificate OF her inability TO leave
her room was Untrue after which the further exainina-
ton was adjourned to Monday next az II a. IN. Jos'n
Bell Assistant United states District Attorney t9r me
Government John Sedgwick and Ar. Sanford Tor de-
PENDANTS.
SUPREME COURT-GRNERAL TERN-JAN. 23.-Before
Justices Leonard CLEGKE and INGRAHAM
LAW OF CHECKS AND DRAFTs-LIABrITY OF COLLECT
ING AGENTS.
NunnemAker at. Laaier
The plaintiffs. bcng on the 18th August, 1857,
holders OF n check drawn by the Dayton Bank on the
OHIO Life AID Trust Company 70 Their order Tor SG1 sent
ceycd the 22d and there was some doubt as 10 the
hour but the Referee held al IL a. m.
The Life and Trust Company, in payment for this and
other drafts delivered 10 defendant its check on the
American Exchange Bank, and the DRAFT was surreii-
II was too late TO present the check on that day satur
day and WIS preeuted ON Monday the 24th and pay.
ment refused the Ohio Life and Trust Company having
meanwhile failed Immediately thereupon, deIendants
~ tersJ the o6s1E but the COMPANY refused TO re-
IT, tbs ground that the Sheriff had possession UNI
der attachment On the next day the 2otn Augusl'
the defendant protested tho draft by means OF copy,
and immediately notified the plantm ana the drawer
who were the only parties 20 IL.
The plaintiffs then sued the defendants on the ground
that through their negligence IN not immedateIy PIE,
sentng The draft, and In accepting cheek Ill place Oh
money, the money was lost.
The referred and before the Referee evidence
given OF custom Of receiving checks rom tns IrSt
Company for drafts and that the Exchange Bank through
the Trust Company had oyerdrtwn us account sC0VoV
in favor OF the plaintiff and the defendants appealed
ON the appeal 1t c0acnded for the defendants mat
the custom o merchants made the checks OF one bank on
mother money and that IN the absence or any SPECIFIC
course OF accepting check in place " actual cash; that
tho plaintiffs had really suffered no wrong IA the unpaid
bio on 10 TO cin the defendants having properly pro
tested IT, and further that the Referees findings IN point
The plaiu cositendrd that the defendants bound
not surrender the draft uns the check was paid that
I,F.t hahn aufh IN
ospt ~ vo M tb he o,iginai dTaft was lost 10
the plaintiffs by the defendants act, and that,Dy mixing
mp the proceeds OF his draft with other drafts or theT
own, they made the check and the debt their own
Mr. Cutler for Plaintiffs; Mr Burrln FOR defendants
Cmcurr.-Beforo Mr.. Justice SUTHERLAND.
PLEDGE OF sToCKs-BROKERs SALES OF PLEDGED
Piu. J. Genet set Mersd'ih lIoaard and others
On tho lst of August 1851, George Z. Genet depos-
for 800 100 shares Pacific Mail Steamship Company
the rioe being stock note, and containing the usual
public private sale at their option on the nonertorn
9nse Of the promise and without notice oct Oct @ t
payment OF the loan Genet arranged TO obtain the note
xn rave Was told h st heS did not t6 sS ey would
need the money within 30 days, hut would make no tipu
office II YOU cannotgye Us 500, will be obliged 10
the 100 shares Pacific Mail steamship Co Genetgot
on the 10TH aud went TO the office OF the defendants at
once. He saw Aspinwall, and showed HIM the note
The testimony on the former trial was contra
but Genet testified that away, after saying that
mposslbefor Inn To get the money on -uch short
sold The stock was sold on the Board the
day, but Genet made no further efforts about II until
two days ard in January 1885, the defendants rendered
Genet account for balance OF t625 90 In the Fan
and Genet said after what had taken place he did not
think they would insist payment In July 1855 G. e.
ber 1888 the plaintiff made tender VI the amount due
the and demanded the stock The plaintiff then
gfignf Tlg
damages, which made 1t an equity case
The ease presented besides the legal question rs to the
rights the assgnee in such case the question as TO
tho sufconcy OF the demand of the note and the form OF
Tho case was tried at Special Term, and Mr.. Justice
Ingaham decided In substance on that trial that the com
plant presented Of action, but not an equitable
cause OF action that the plaintiffs real REMEDY not
the specific return OF the stock but damages for its
version That the Amount OF these damages the facts
which the right to them arose were proper Tor jury
and az the statute OF limitations would ran 10 new
action sent the old action to Circuit for trial.
The therefore comes up as question or unlawful
conversion by the defendants of 100 shares OF Pacific Mall
Steamship Company and the trial yesterday the Court
refused to allow evidence OF the dividends be put in
element vt damages The case is stll on Mr. Cowles
and MIR. SoughtOn for plaintiff; Mr.. Evarts and Mr..
ChOate for defendants.
Before Mr. Justice PEcKHlM
THE LIABILITIES OF NONRESIDENT PARTNERS DURING THE
The Bank New orleau, sgt james s. Bsnder IT, ct al
The defendants composed firm doing business in New
real defendant I'm this suit which is brought to
abont $4,000, the amount of three promssory notes,
the ndorsng OF the notes. and resided here during The
war Matthews defense is that he snot member OF the
firm hauling dissolved by the action OF its
bors and that, IL he member, the existing
wac preventing him from action with them IN their bus
transactions released him from any liabilities in
Cured by them
IL claimed on behalf Of plaintiffs that the socaed
dissolution OF the firm only ruse TO prevent the
cOnfscatlon OF their effects by the Confederate author
tes that letter was written by Matthew'S subsequent TO
this pretended dissolution In which he stated In substance
that having dscained being member OF the firm
he that he bound by silence TO share their
responsibilities.
The defense having set mp that the notes wore not duly
protested here plaintiffs reply that Matthews having
left IA Newt Orleans power of attorney Tor the SETTING
up OF his business liabilities thore that was to proper
place protest the As 10 the question OF the war
dssoving tho partnership plaintiffs claimed that could
only apply 10 future transactions and not 10 entecedent
The Court after argument by counsel took the papers,
reserying It's decision -, 90, -, H., ,,.. -.
CuAMBERs-JAS a3-Before Mr.. Justice BARNARD.
DECISIONS.
A. J. Fitch ct al agt. Nm. H. Adams CT h-Order for
reference granted . .. -, go,
sarah j. stone agt. Gyms b. White ct aL-Motion
Daniel Fowler ct AL agt. stephen Williams. Motion
granted and reference ordered to hear ana determine
Before Mr. Justice IsGRAHAa.
Tn "a peiiton OF John h. Monch, &c-Order settled.
Inmcs Fisk ir ct al agt Frederick A. Mheele r ct al
Motion granted with To defendant to q
answer II ton DAYS, On oUpent of $40 costs