The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-06-11


smithy u. smithy. Judgment for plaintiff.
A. Hunter vs. willard. Motion for continu-
ance for ten days on account Of the absence Of
W. A. Boss, a material witness for the plaintiff
-postponed until to-day.
SUPREME CouRr-GEsERAL TEnN--An the
Judges met 10 general term at one O'Clock, p.
ATTORNEY ADMITTED.
Mr.. Thompson presented L. Tyssonowskl
as an applicant for admission to the bar, and
he was referred to a committee to undergo the
Harris VS.. The Baltimore and Ohio Railroad
Company. Decision OF the Court below az
hrmed.
" Presbury VS.. The Mayor Of Washington and
willard VS.. The same, These are cases " hieh
| come up from the special term, on bills, by the
under James willard, with covenants to pay
| taxes, but that willard procured the corpora
tion to make needless changes on the street
they lease Is about to be sold, and their lease
destroyed. They pray the Intervention OF the
| court.
The case was argued some days since.
Chief Justice Cartier said that the Court
had come to the conclusion that the allegation
Of the bill that the work out Of which the paw.
circumstances that raised presumption that
he would pay for II. A covenant to pay taxes
under lease from willard did not include the
to pay for pavement at willsrds request, and
to replace = good pavement, which while 1t
added nothing to the value OF the lease, did
add to the permanent value Of the property.
The Court held that the lessees had a right 10
the protection OF court Of equity to prevent
a sale Of the leasehold premises to pay un-
necessary taxes laid At the instance OF the
lord should pay for the exercise OF his good
taste IN having a new pavement laid down,
and the street sdjoinins hi. property i'm.
ment should not be charged on Sykes, Chad
wick & Co., his leaseholders.
Mr.. Justice Wylie dissented from the opin.
between a landlord and his tenants could be
usual way the money II had advanced for paw
ns.s he s na. hst sG
under tax sale could disturb the lessees In
the quiet enjoyment Of their leases so they
had no right 70 CONC into equity by reason Of
remedy by law In their own hands II they are
compelled to pay these taxes.
Judge Olin, concurred in the opinion pro-
under the lease with Willard, the lessees were
bound to pay not only all ordinary taxes but
all assessments; But they were not equitably
made as the result OF the improper movements
OF Willard In procuring the needless layingof
pavements, and thus unjustly requiring this
assessment 10 pc lhlu. Inc Corporation nhu
been used as an instrument to secure the ends
Of the defendant, and could justly be required
to wait awhile for its taxes until It could be
ascertained who should pay them.
Judge Fisher also concurred with the Ohief
Justice; -
was an action against the defendant as drawer
Of bill Of exchange for 60 500, drawn by him
on Benz. Thornton, London. The bill was
purchased BY the plaintiiis for 81 600 In geld.
suit for breach OF contract, the question at
Issue was as to the amount Of damages which
had been calculated below In currency.
ohie o bs .hs
the bond was to be held at Its value In gold In
London at the time II was presented; He held
that where parties SET down and contract with
to the price Of gold, they should be held to re-
spond In gold. No principle Of the law mcr-
chant is better settled than that bill Of ex-
| change shall be paid at its value at the place
| of payment. But II was held below that whe n
the bill comes back protested from England 1t
| casts Off Its metallic character and dresses up
paper dollar weighs as much as a gold dollar,
| and that by law there was but one dollar-thnt
which Is made legal tender for the value Of
He held that this view was not correct In
reference to the present contract, To say that
when this bill for gold came back to this
than woaS bs 20 ",ds
.
the contract Of the parties, and would work
| injustice.
Judge wylic tdissentingl said that all the
principles Of this case had been settled by
other adjudications. This was bill for "a, 500.
| Now, we have no such currency here as
| pounds; 1t is a foreign currency, and Congress
has axed as the value of this currency az for
each pound sterling. The damages fixed by
act Of Assembly Of Maiyl gives the right
, to recover, In suits, on foreign bills, SO much
! current money rs will purchase = good bill OF
| exchange OF the same time OF payment, and
upon the same place, at the current exchange
I This act Of Congress, and the Legislature OF
founded their verdict below, The legal.tender
, act, SO far, was not considered, and there was
! no need 1t should be, But the amount, when
II came to be settled up, must be settled In tho
currency Of this oountryj any other view
would strike dead the legal.tender act, u would
compel the defendant to pay the whole sum
agreed upon, the damages at 10 per cent, and
40 per cent additional. For these reasons he
felt compelled to dissent from the opinion oil
the majority of the court.
Judge DIN concurrcd with the Chief Justice
This bill OF exchange was an article Of mer
ohAndise, aud certainly II could not be bought
at t+.<t per pound sterling. The error below
was in regarding this simple money transac
tion, when In iaet u was the purchase OF
fNvidson VS.. stevens & Phelps, lessees
Judge Cartier delivered the opinion Of tn,
court, confirming the report OF the auditor
allowing $4,000 to the counsel for the railroat
company.
Adjourned.