The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-05-22

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.hs jussisss al Is isss ys;,srdsy.
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TN ease eGHs: sp % appeal from TIE he o.
PENDANT, ~ drawer OF bill Of exchange, for
f2,soo, drawn BY him on Benz. Thornton, Lon
don. The bill was pufchased BY the plaintifrs
and 81 mstufity was protested for non.psy.
The questions on which the case come. to
sonputins damages, and second, as to the sui.
neisncy OF the demand, a. shown by the pro.
On the trial below the current rate of ex.
and the piaintiffs asked the court to instruct
the Jury that they were entitled to recover se.
cording to the exchange In currency and IS per
Maryland Of i1ssi also In currency. But the
court ruled that the amounts were to be com.
puted In geld. To this the plsintins excepted.
81 hS "a: DGs S yss so u hs
hsd been made al the bank aof q clerk" The
defendants contended that there was nothing
to show that such clerk was an ofncer Of the
The court below ruled that the protest
showed . sufiicient demand, and that point
was reserved by the defendant.
pn S r.; and IN M Rsnned y III. nd mt
and held under adyisemsnt by the Court.
Henry Selling W; Q. Kimmeli. This case
Ing, as tfustee, in q deed Of trust from Heiden.
helmer for the benefit Of the mother OF the
latter, brought replevin against Kimmell, .
constable, to recover certain watches, combs,
pooket-books, &c, on which Kimmrll had
levied under a judgment In favor Of certain OF
Heidenheimer's creditors.
1t was alleged below that tho deed showed
that the deed was not void on its face, and
that the question OF whether fraud could be
inferred from all the circumstances was proper
K be s MN "a AZ jury TSs Jury Sn nd r
The appellee contended that the deed Of trust
was void LIST, because the goods, wares, and
BILE In nve years were meanwhile At the free
disposition Of the mortgagorj ID, that there
was no definite description Of the goods. =.
The case was argued BY Messrs Leski and
IMroRrAsr RULING ON oHArrxL xoRro AaKs.
The oouft-Judgc Wylie delivering ts unan.
imous opinion-held That under fair con-
structlon Of the deed IN controversy tho
xrantor had q right to make tranic with -,
to sell and dispose of the articles mortgaged;
be was not compelled to keep the articles for
ing the legitimate construction OF the deed,
the deed on Its face was fraudulent and void
As against the creditors. The judgment Of the
SsSw
general inherent, at the request Of the bar,
Judge Wylie said he wonld commit his opinion
to writing.
Edgar Il. Garrett vs.. Gustave De st. Able.
Replevin to recover household furniturej &C
tiled TO- the Court In bdne BY the Circuit
court. The plaintiff replevied from the d =
PENDANT certain furniture as the owner. Tee
defendant plead the general issue, and espe.
elally thstplaintif did, after July H. 1891, aid
the rebellion then being. prosecuted against
the United states, whereby, by force Of the
act Of July II, 1891 IL Statutes, 500, the plain.
TIL 10 barred Of this action. To this plea the
said statute refers to suits brought for tho use
or possession of property seized by order OF
the President, and this property never was 80
seized.
The case was argued by Mr.. Appieby fol
plaintiff and BY Mr.. Riddle for defendant, and
held under advisement by the Court.
Adjourned.