The national Republican., 1867-12-07
rHE COURTs.

FRIDAY, December 0, 1s6I.-On motion Of Hon.
State oi New York, was Iadmttedto practice as
an attorney and counsellor Of this court.
On motion Of Mr.. A. X. Browne, William ID.
admitted TO practice as an attorney and coun.
No. .. Henry NJ. Rector, plaintiff in error, vs.
this cause was concluded by Mr.. Joseph II.
Bradley, sr, OF counsel for the plaintiff in error
No. 10, Simon Mussina, plaintiff in error, rs.
this writ Of error was argued by Mr. Robinson,
in favor thereof, and by Mr.. Sherwood and Mr.
Eg%opds m " 1Rpos'iRRnb RabInson nsGeG n0,De
VS.. Lewis Aldridge; In error to the District Court
Of the United States for the northern district OF
be dismissed under the 10Th rule.
No. l2: Jacob Thompson, plaintiff in error, vs..
Drury W. bowman. The argument Of this cause
the plaintiff In error, continued by Mr.. Reyerdy
Johnson for the defendant In error, and con-
cludcd by Mr.. Carlisle for the plaintiff In error.
". Albert T. Burully, ct al. This cause was
Submitted to the consideration of the court in
printed argument by Mr. Hergiman, Of counsel
Mr.. Ballinger for the defendant in error.
~ No, u. Samuel Myers plaintiff In error VS..
to the. supreme Court Of Pennsylvania This
the 10th rulc.
Mr.. +. Phillips, OF counsel for the defendant in
error.
Forfeiture Of Bank Caarcrs-AtTer forfeiture, are
stockholders or Of The Sidic-An imporidni question
Milton NJ. Linn, plaintiff in error vs.. William
District Court Of the United States for the
Eastern District of Texas This suit was brought
on two promissory notes made at Natchez, Mis-
Lewis Linn, in favor OF Robeftson as trustee Of
the Commercial Bank of Natchcz, or order.
Prior to the making of the notes an information
In the nature OF a quo trdrrdnto, was instituted
by the state of Mississippi against the bank
named, under which Its charter was declared
forfeited and the corporation was judicially dis
prescribing the mode Of such proceeding
Robertson was appointed trustee by the court to
take charge Of the assets and books OF the bank
wherever found, whether In possession Of the
bank or their officers, agents, trustees or attor-
neys, to sue and collect all debts, and to sell and
dispose OF all property, real and personal, owned
by the bank or held by others for Its use-the
proceeds of all to be applied to the payment OF
the debts of the bank.
Mr.. Robertson, as trustee, collected sufficient
to pay all the liabilities of the dissolved corpo-
ration, after which there remained surplus in
his hands OF over $4,000. In the meantime
parties were suing him to recover back the
amount paid BY them, alleging that, after the
payment OF all the debts of the Corporation, the
surplus funds In the hands of the receiver was
Lawfully Lawfully the property Of the debtors Of the cor.
sued, contending that the surplus belonged to
them In one Of the suits by the debtors Of the
bank TO recover sums paid by them the State
court held that the surplus belonged to the state
OF Mississippi and the matter was referred to
the Attorney General Of the state and MT
Robertson was made custodian OF the fund pend
ing litigation.
Subsequently in the suit brought by the stock
holders OF the bank, one Ferguson was appointed
receiver, and the court directed Robertson TO
surrender to him the funds, notes, &C., In his
hands, This was done, and among such notes
were the notes OF Linn, which were therefore
n Rnh lr,. 81
son as such trustee. Demurrer was inter
posed by defendants, the ground being taken
that the plaintiff Robertson was Juncius oGcio as
trustee, and having no other interests, he had no
standing In court. The demurrer was oyerruled,
and upon the trial Of the cause judgment was for
the plaintiff. Thereupon the cause came here,
the plaintiff In error defendant below urging
that the notes were due to the bank, and were
given Robertson solely In his official character as
trustee, and without any personal interest or
commencement of his suit, paid of all the debts
OF the bank, and been discharged from all further
duties as trustee, could not sue, being fGactus
oHeto. That he thereby became divested of all
right, title and interest," legal and equitable, and
was therefore not competent to maintain his
action.
1t is also urged that Judgment of forfeiture
OF charter having been pronounced against the
bank by n court of competent Jurisdiction un-
der the statutes of the State Of Mississippi, and
the corporation having been dissolved, the debts
remaining due thereto, after the payment of all
lis liabilities, were eXtinguished, and neither
tnt btOChHOlutTb nor directors nor trustees
recover the same. In the third place, 1t is sub
mitted that the supreme Court of the state,
the law Of the State became he rronerty Of the
state, this court will adopt that con Instruction,
according to the usual practice. On the other
insists that the debts due the bank were not cx.
tlnguished upon judgment of forfeiture of its
charter, but the legal tito thereto became vest
the bank and also for its stockholderp. II does
not lie in the debtors mouth to avoid his con-
tract, which, as between him and his creditors,
was made a sufficient consideration. Nor can
there be cnyalld objection in this case to a recoy-
cry In the plaintiffs name for the use of Fergu-
son. Robertson is the legal owner, and he can
sue as trustee for persons having real interest
1t is no ground OF defence that the beneficial in
tercst Is In Others or that the plaintih, when he
rccovers VIII be bound to account for the pro-
cccds to others. Where defendant has no legal
or equitable defence to the bill note as against
the real owner thereof he will not be permitted
to show that nominal plaintiff, In whose name
the suit Is brought, Is not the real paFty In in
tcFest.
Green Adams and RGhG,, Leech forplaintiff in
error o. Robinson and VIM, q. Hale for defend
ant in error.
court yesterday transacted the following busi-
ness:
al7O. Mrs, NJ. Z. Rodgers vs., }. W. ButteracId
Brent and bradley.
Tho jury, In this case, which has occupied the
court for tho past two days, came into court
yesterday morning with verdict for the plain
'iH TJp WIN luNtTtst from uhlc OF SUIT anu
costs.
$3.50. Corbit vs. Baltimore and Ohio Railroad
Company.
In the absence of n material witness, this case
was continued until the Nth inst.
1it2. X. Meyenburgys.R ). L.Walsh Chapman
and Hosmer-Phillps.
This case came up on appeal from n justice.
DR.. Walsh sued Meyenburg for doctors fees due
for attending lad in the lattcr's employment,
Walsh alleging and Mcyenburg denying that he
had agreed to be responsible for such fees The
Justice below decided In favor OF Walsh, but the
Court, on this appeal, said the verdict below was
erroneous, and should be reversed
4l7l Fry Wilet * Co, vs. Thomas Sergeant
Judgment by default.
Harmon Hopkins ys. Mont. In this case
m attachment for A. p. House, a witness, was
ordered.
3O32 Brown vs.. Peden. Bradley-Joncs and |
Ashford. Case dismissed.
2G3. Hickman ct al. vs. Edwards. Action of |
,jectmcnt, Davis Cox = Bradley, Plaintiff |
,ranted leave TO amend declaration.
$40 T. g.. simpson VS.. Henry Lichau. Hinc-
%. Bodtler VS.. King Judgment awarded on
he basis Of auditors report
LAND CONDENSATION.
The Court at O'Clock took up the cases oil land
ondcmnCd on the line of tho Point Of Rocks
ranch of the Baltimore and Ohio Railroad
Icssrs, Douic, Buchanan, and Cox appeared for
he railroad company,
The Gales land condemnation case was first
allied up. Bradley, jr,, for owners.
Other cases were partially considered, but the
ases were not concluded atthe adjournment OF
he Court.
CASES ron MONDAY.