Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-01-16
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IMPORTANT DEc1s1oN-THE COUNTERFEIT
NOTE. In theease of Fortes ys. Ficklen, which
was decice in favor Of the plaintiff Forbes, at
, the late term of the District Court, in Freder-
icksburg, the following important principles OF
Law wer, maintained by the decision Of the!
Court 2@z
Il. As,a general rule, when 8 debtor pays his
debt in notes purporting TO; be bank or l 0ther l
current notes. he warrants them TO be genuine;
-and1i they turn out to be counterfeit, she rs
bound to- re pay the amount in good money
A bank is presumed to know its own notes.
and If it receive notes purporting TO be It's Own,
either sin payment OF a debt or on. deposit, 1t
will have no recourse even against the payer or
depositOr if they turn out to be- counterfeit -;
There is no Warranty of the gennlness In that
case; which is, therefore, an exceptions to the
2: tt IS the, duty Of person who receives
% genuine, in payment of J. o debt. a. note
which turns ont. to- be counterfeit, To- give
notice Of the latter fact .to8lhei debtor aas
soou as he reasonably can, after he. is,chlm.
self informed of the fact; and 1T he neg.
lects 10 do SO, he will lose his recourse over
against the debtors By receiving due notice,
the debtor might be enabled to obtain iindem- linden
nifty by y)returning the note to tho person from
whom he received.it; but whether ne could or
rot the law,presumes that heels injured 1by
notsreceiiyine such notice. and he is, therefore,
in that case, discharged from his LIABILITY: -
l,3. But the person who receives the forged
note as genuine, is not bound to use any means
to- ascertain whether the note be- genuine or
not morris he bound ito depositeit1 in bank or
putiit In immediate circulation, but he may
put il away for safe-keeping until he has cocoa
sion to use it, and viii still have his recourse
over against the person from whom he received
it. unless he neglect ito give, due notice, as
aforesaid, after he isiinformed thai. the pote Is
aconnterfelt. f9W e18d3 auSt .ot .g.7AuE&t [;sI
.bflThisis very important decision; and De-
ine the unanimous judgment or four judges,
one of whom (Judge Moncure may be called
the Chief Justice Of Virginia, It. may be tsirly5
regarded as making the, several propqsltIo3fnn
enunciated, the settled Law. fired, gLezdgef Lz
- sTHK BEAUTIES OF RECONSTRUCTION -777sIheI
following is an extrac. from letter writtenobyE
. New York merchant, a Republican, who has
been travelling South. It. is dated New2Or-I
leans, January = ~. s,; al ~ f'e,ss
aoiWerel we toa propose, ,ass party or lndIyld-E
ual, Ito place New England or any town or
State in it, under the contol of the same powers
which .ri1le Louisiana to- day., that person or.
party would not rem ain alive III steady, bessedl
old New England weeks 60 to the Common|
Council, one half 0fits members aod, city OH !
GERS are az black as nights1aGa a policeman,
and athree Of FIVE are black men. .ta TO theI
State Gony ention, now assembled here, and
look for the dignity, the Intelligence, the sound
Judgment which: should be found i IN a body
lealled TO frame so i'm pertanta document as ths
sGonstit1tion Of q sovereign State, zand you vii
see twenty white men, twenty yellow men j
and fifty black men, many OF whom sbuo q
plantation, and who to-day cannot read ooI
write, there assembled, and then truly making
o mock OF what. should bssthe highest, poblest3
and most. digni6ed gact of men,, And all sthis
these people see, know, andateel land when
any remark is made las is seldom done la re-
gard to What lis going Oh, you wltitsee the qllp
:. .quiYer and the EYE m0lsten at the sense oi
humiliation d. ], do wish conId putt be Louis
q ianag Convention down lin theiS State: House at
Boston, aud let the1men ofaBostonscall in and
look on them. ,ozaoa ,32a' 70 $ni
.ssaHuMANa DEc4pENcE. In anisblel thesis on
death, DR., ,Acosta, Of Paris the fdifE
fculty Of determining the commeneementasof
Old ice, ap8 says that t6e Greeks regarded the
40 Of torty-Dine tseven,t tiues seven their ei
macterie nuHiberp as sthe ecu atiog? spoiatlot
human n1s,lst strength. Aoother French writer NJ
Flourena, however, holds that dscadenee does
mot commence until the seventleth yeaf.ia Ihe
Chinese call men who have attained that .agi,
bttieeth year n'sold floiterers: The two cfmsd-
,teric ages of.the Arabs were six three rfeven
times ninel and eighty one nine times on6ne
) The first was considered the grand bcimacterlc
u among the arcients and those who passedo it
were accustomed tol congratulate each iotheF
sPhysiologists recognize the existence OF two
sources Of strength in the constitution one i
: called the force 10 use, and the other the re-
served force. Is Doubtless the. period sof dsoa-
: dence hears some relation to the periodrequlred
for tnll development Those who sre long q
arriving at the full maturity of their powers, as
general rule, are long in losing Their store tore, q
reserved force: s s5,t .a,5'f@# lss e ,4s;5Ds ed:
saia LOUISIANA, I'VE received visit yesterday
from DIR. Sullivan, "a native of Virginia, aud ct
Z: present naval officer in command az New or:
leans The Doctor was "a Union man idurina
the war, but had some two hundred horses
taken away from him by the army of Gen.
Banks, and three crops OF cotton burned, e He
sisI on Ills way to Washington to recover this